brief2 - there weren’t any test that would classify the...

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LAW 101 BUSINESS LAW 1 BRIEF #1 CAROLA GONZALEZ People V. Farrell I. FACTS II. JUDGEMENT For People. III. LEGAL PRINCIPLE A. ISSUE (Question of Law) Whether the accused for trade secrets and theft of property will be implemented the Penal Code section 1203.044 which compels minimum county jail upon proving theft offenses? B. HOLDING (Answer of Law) Yes. IV. REASONING (Ratio Decidendi) A. GENERAL ANALYSIS According to the criminal law White- Collar Crimes are nonviolent crimes B. APPLIED ANALYSIS The Tennessee Secondary School Athletic Association, being mostly formed (84%) by public schools, is considered to engage state action by enforcing the rule to Brentwood Academy by imposing a penalty and accusing the school of violating the First and Fourteenth Amendment. On first hand, the District Court referred to the case as no state action due to the fact
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Unformatted text preview: there weren’t any test that would classify the situation as state action, three different criteria were applied to the case. Later on, the Supreme Court granted certiorari to review the case. The new revision considered the case as state action, due to the fact there was “close nexus between the state and the challenged action.” Accordingly, the association is considered as a state actor for having mostly public schools on the decision-making Board of Control rather than private. The association would be considered as a private organization however it would be judged by public constitutional standards. The Tennessee Secondary School Athletic Association is considered to exercise state action. Therefore the case is for Brentwood Academy....
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