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Speaking Points
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As we first look broadly at
how the law works, moving to specific provisions of Maine law as applied in
public health emergency situations, we should keep in mind some general
considerations of what the law does.
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The law, particularly in the area of public health, is applied in a
context of the balance between the rights of the individual and the
protection of the health of the population.
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The law defines the responsibilities or duties of parties.
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The law defines those responsibilities in relationships between
parties.
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The law also creates and defines the liability of parties in
particular situations.
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Following from the requirements set forth as in the U.S. Constitution,
the law contains due process protections, or procedures that seek to ensure
that laws are applied fairly.
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Laws are based not only on the principle of fairness, but also on
reasonableness.
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And, the law provides for enforcement by imposing penalties for
noncompliance.
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