Constitutional Issues

There are two scenarios pertaining to law. Answer each question to the best of your ability. I have attached the questions or you can read below for the questions.  Scenario 1: The city of New York issued a permit to a rock band to put on a concert in the band shell in Central Park. The permit specified that the music always remain at a “reasonable” level. The concert began in front of a live audience of 250,000 fervent fans. The band performed. Its music was played through a loud speaker system of 50,000 decibels. The audience screamed its appreciation of the music, adding another 20,000 decibels to the sound coming from the concert. Mr. And Ms. Citizen lived on Central Park West with their living room and bedroom windows directly facing the park. They were the parents of a two year old son and a six year old daughter who both slept with bedroom windows facing the park. Upon learning that the City had authorized the concert the Citizens complained to their elected officials that the concert would interfere with their children’s sleep. They received no relief from the City. Aware that the concert was about to start, the Citizen’s had their attorneys obtain a court order directing the City to stop the concert. When the first musical notes were played the loud noise awakened both babies who screamed in terror from the noise. The Citizens directed the lawyer’s to serve the court order on the band which ignored it and completed the concert Question ; The issues involved in the lawsuit. Who should win? Why? What liability might the parties face? Are there any constitutional issues to litigate? Scenario 2: The New York state legislature, upon receiving the results of the latest census, learned that New York State would have the number of representatives in the United States House of Representatives reduced from thirty-eight to thirty-five. This required that the state legislature redraw the remaining thirty-five congressional districts so that the areas previously represented by the three lost districts be represented in Congress. The three lost districts had previously been represented by two Republicans and one Democrat. The New York State Assembly was under the firm control of the Democratic Party. The New York State Senate was under the slim control of the Republican Party. The leaders of both parties conferred and agreed to redistrict the congressional seats in such a manner that all three congressional seats would be winnable by white Democrats and the New York State Senate would be always controllable by white Republicans. The New York State Assembly would be redistricted in such a way that it was always controllable by Black and Hispanic members from New York City. These changes were enacted into law. Interested citizens sued. They alleged that the new lines were unconstitutionally discriminatory and should be more fairly drawn. Question; The issues before the court. Who do you think will win? Why?

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