Describe the overarching paradox in the legal arena and list some of the reasons for it.
What will be an ideal response?
Those in charge are expected to uphold the law, but the complexities and uncertainties of constitutional, statutory, administrative and common law make complying frustratingly difficult.
Reasons:
a. Legal requirements and interpretations of them are voluminous and dynamic, so managers sometimes have the experience that “the more you know, the less you know.
b. Supervisors may contact legal counsel for assistance, but formal options may take considerable time to obtain and legal staff may be unwilling to stand behind initial, informal opinions.
c. Applying a statute is rarely straightforward.
d. Using case law is tricky because cases are decided on specific facts, but managers seldom confront identical facts, so they must determine whether minor factual distinctions should alter the outcome.
e. Legal requirements may be crosscutting so that compliance with one directive conflicts with another.
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