Employment Relationships Sample Question
Pete was a pilot for the Big Canyon Tour Company. He flew passengers into the Grand
Canyon to photograph the view. Over the past few years, he has been honored with all
but one of Big Canyons employee awards for ou
Commerce Clause IRAC
I: Does the city of Tucson ordinance violate the commercial free speech rights of Metromedia as
guaranteed of the first amendment of the US constitution?
R: The first amendment guarantees the freedom of speech. Individual free speech
The issue in this court case is whether North Carolina State Court has personal
jurisdiction over RCI and Healthy Living Products, Inc.
The court would not allow for the case to be dismissed because of the long arm
statute. The court would not allow this
The issue in James Burns and Susan Burns v. Inns R Us, Inc. is Burns action for
negligence against Inns R Us, Inc. and also any applicable defenses Inns R Us, Inc. might
Negligence is an unintentional tort where a person suffers from an injury becau
Stages in a typical Lawsuit
- Post trial
- motion to discuss
- motion for judgment on the pleading
- summary judgment
Motion to Dismiss
- defendant brings it
- before the trial
- power of a court to hear the case
- important: initial concept on what court will hear the case
- internal makes it a hot topic
-initially asserted by the plaintiff
Types of jurisdiction
- courts must have personal and subject matter jurisd
Judicial Decision Making Chapter One:
Natural Law: breaking the law for moral reason
Positivism: rules are the rules, create stability
Historical School: dependent on past cases
Legal Realism: No set rule, be realist
Politics: can effect decision making,
Constitutional Law Commerce
Art. I, Sec. 8 definition
Broad Interpretation of Commerce Clause
Commerce Clause (contd)
State Police Powers
Positive vs. Dormant Aspect
Commerce Clause (contd)
Dormant Commerce Clause
Case 4.1: Family Winemakers of
Administrative Law is the rules, orders,
and decisions of federal, state, and local
government agencies established to
perform a specific function.
What is the source of Agency
Article I (delegation doctrine)
What is enabling leg
Chapter 1 problems: Ill go over problems
on pp. 26-27 of text.
Reading Assignment for today:
- Chapter 2 pp. 28-35
What is it?
Why is it important?
Who decides if there is jurisdiction?
Types of Jurisdiction
Personal (or in personam)
Ethics and Business Decision
How do you IRAC an ethics problem?
If a manager is deciding what to do and
his/her decision presents an ethical
dilemma, the legal issue:
What is the ethical business decision?
If the action would be
Individual Free Speech
Protection of Individual Speech v.
What constitutes commercial speech?
What constitutes a substantial government
What is it?
Three Prong Te
Structure for Writing Assignments
And Exam Questions
What is the question of law that needs to be decided in order to resolve this
dispute? State this as a question or as a whether or not statement. State the
issue as narrowly as possible. For ex
IRAC motion problem
Issue: What pretrial motion is appropriate between the women of Vietnamese descent and the
Rules: In general A defendant can ask for a motion of dismissal for a specific reason such as lack
of personal jurisdiction,
INTRODUCTION TO THE LEGAL SYSTEM
Section 3 -Tues/Thurs 11:00 12:20pm WSOM203
Wests Business Law, 12th edition, Clarkson, Miller (Full Text ISBN-13: 9780538470827 ISBN10: 0538470828). The textbook will be available