Tesia Brooks Business Law Professor Whitaker M/W 10:30am 5 October 2014 Deal or No Deal The IRAC method is an acronym for the process of determining‚ Issue‚ Rule‚ Analysis and Conclusion. I will be using the IRAC method to determine whether or not these issues result in a deal or no deal. 1) Issue: Whether or not a valid contract exists between Matt and Clara. Rule: In order for a contract to be enforceable four elements must be present: 1) Competent parties 2) Legality 3) Agreement 4) Consideration
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Briefly explain the meaning of‚ and reasons for‚ strict liability. For strict liability offences it can be said that the prosecution does not have to prove the existence of mens rea for one or more of the elements of the actus reus of the offence. It is often said that no mens rea is needed for strict liability offences. This is probably an over simplification. A more complete answer would be that the prosecution does not have to prove the existence of mens rea for one or more of the elements of
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may help you identify how an organization can minimize the tort liability risk for a company. The readings analyze intentional torts and negligence with the intentional torts against persons‚ as well as examples of cases that address this issue. You study unintentional tort (negligence)‚ and you discuss the seminal case of Palsgraf v. The Long Island Railroad Company. The readings also address strict liability and product liability. This information focuses on defective products and manufacture
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Week 3 IRAC method Aug 18‚ 2014 Week 3 IRAC method Mattel‚ Inc. v. MGA Entertainment‚ Inc. Case No. 11-56357 (9th Cir. Jan. 24‚ 2013) United States Court of Appeals for the Ninth Circuit Facts This was a litigation case between Mattel‚ Inc.‚ the maker of Barbie dolls‚ and MGA Entertainment‚ Inc.‚ the maker of Bratz dolls‚ Mattel stated claims for copyright infringement and misappropriation of trade secrets‚ and MGA stated its own counterclaim misappropriation of trade secrets. The idea
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Rohan Mathew 20131195 Economic Analysis Of Law : Paper 1 Strict Liability v. Negligence : An Economic Perspective To try and understand which rule of negligence is most efficient for use in real world environments and to estimate why so‚ we will take into account a hypothetical situation‚ erased of all complexities. We assume a case of accident such that there are only two parties and we also assume that probability of an accident occurring is absolute. The driver has three ways to drive : Rapid
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Strict liability offences do not require proof of mens rea in respect of at least one element of the actus reus‚ usually the essential one. However‚ proof of mens rea may be required for some of the elements of the actus reus. Absolute liability offences do not require proof of any mens rea element‚ but are satisfied by proof of the actus reus only. Second‚ the distinction can be seen by examining the issue of causation In strict liability‚ the prosecution is required to prove the causation
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COMMUNITY COLLEGE LEGAL ENVIRONMENT OF BUSINESS INSTRUCTOR: NANCY A. JOHNSON‚ ESQ. PROJECT 1 DUE: ______________ INSTRUCTIONS: 1. Do Not write your name on your exam‚ use your student number 2. Define all legal terms used. 3. Use the IRAC approach to analyze each lawsuit (Issue‚ Rule‚ Argument‚ Conclusion) a. Issue: What is the legal basis for their suit? b. Rule: What is/are the issues rule(s) covering this area? c. Argument Based on the legal rule(s)‚ how will each side argue
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A Question of Jurisdiction Facts Background Main IRAC Plaintiff’s arguments Plaintiff: Asante Technologies Inc. Defendant: PMC‐Sierra‚ Inc. Defendant’s authorized distributor: Unique Technologies Plaintiff’s complaint Plaintiff filed the action in the Superior Court Defendant removed the action to the District Court Plaintiff now requests to remand the action back to the Superior Court ‐>the core issue: jurisdiction
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precedence over all state constitutions. True 2. Johnson‚ who resides in New York‚ is owed $100‚000 by Maxwell‚ who resides in California. Johnson is permitted to bring this case to federal court. True 3. A limited liability company is subject to double taxation. False
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How to Brief Cases To fully understand the law with respect to business‚ you need to be able to read and understand court decisions. To make this task easier‚ you can use a method of case analysis that is called briefing. There is a fairly standard procedure that you can follow when you “brief” any court case. You must first read the case opinion carefully. When you feel you understand the case‚ you can prepare a brief of it. Although the format of the brief may vary‚ typically it will present the
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