Exam 1 Outline - business law.docx - Exam 1 Outline 1 IRAC...

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Exam 1 Outline 1. IRAC: Issue – legal problem (usually starts off ‘whether’) what are they suing about Rule – the law (state in plain terms) Analysis (lawyer) – most of the point; arguments on both side (use because a lot) Conclusion (judge) – based on the facts; what is the best outcome (‘but’) *word choice is very important 2. Litigation – process of filling claims in courts that ultimately proceed toward or to trial/appeals 3. Jurisdiction: Personal (person) or In Rem (property) and the subject matter Over the defendant: - resident of the state - Summons is served on the defendant - Long arm statue applies 4. Court assumes the facts in the complaint are true for the purpose of the motion to dismiss 5. Reasons to grant a motion to dismiss – failure to state a claim upon which relief can be granted 6. Motion for summary judgement – no genuine issues of material fact 7. 1 st Amendment (free speech) Include non-verbal communication (ex: signs, symbols, and acts (burning flags)) Political speech most protected. Imminent
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