Business Law Question

Briefing a CaseUsing the IRAC Method
LSTD2106
Mike Wiggins
Overview
Issue
Rule
Application/Analysis
Conclusion
Fact Scenario
• Rogers, an adult, trespassed onto the property of Smith with the intention of
borrowing some tools. Rogers was a neighbor of Smith and had never borrowed a tool
from him before. When Rogers entered Smith’s garage to look for a tool he neither
had permission to enter nor did Rogers know of his trespass. While in the garage,
Rogers brushed his leg accidentally against a wire protruding from an electrical outlet
that Smith had recently been working on but had not yet finished. Rogers received an
electrical shock and minor burns on his leg, requiring an emergency room visit. The
electrical shock was not lethal and the voltage and amperage going to the outlet were
not enough to kill or severely injure a normal, healthy person. Rogers sued Smith for
his hospital bills from the ER visit and pain and suffering, plus loss of one day of work.
Issue
• What is the legal issue present in the case or scenario?
• This should be phrased in the form of a question.
• Example: “Is a landowner liable to an adult trespasser if the
trespasser is injured by an exposed electrical outlet in a garage?”
Rule
• You’ve been learning about legal doctrines all semester, there are
certain rules of law that you’ve learned.
• This is what you write down under the rule of law.
• Example: “A landowner owes a duty to trespassers to repair those
conditions that are unusually hazardous on their property that
they knew about or should have known about.”
Application/Analysis
• The application of the rule of law to the specific situation. This
should generally be the meat of your paper.
• Example: A trespasser entered onto the defendant’s property with
the intention of borrowing tools. Defendant was unaware of
trespasser’s presence. In this case, the duty owed the trespasser
was only to repair unusually hazardous conditions that the
landowner knew about or should have known about. While under
these circumstances the landowner had actual knowledge of the
exposed wires in the outlet, the danger was non-lethal and
unlikely to cause severe injuries, and in fact, the plaintiff only
suffered minor burns. This is not the type of unusually hazardous
situation necessary to establish a landowner’s liability to a
trespasser.
Conclusion
• This is where you wrap it and state what is the conclusion based
on the scenario, what a court should decide.
• Example: “Therefore, under these facts the plaintiff Smith is not
liable to the defendant Rogers for the injuries he suffered while
trespassing.”
LSTD 2106 – IRAC Writing Paper – Grading Rubric
4
Exceeds Expectations
Student identifies
and defines the
appropriate ethical
issues involved
Student identifies
and defines the
appropriate rules of
law to apply
Student uses
relevant facts and
information and
applies them to
support his/her
analysis and
conclusion
Student uses
professional and
discipline specific
language
Student’s sentences
are grammatically
and mechanically
correct with
virtually no errors
Grade:
Rubric X 2.5 =
LSTD 2106.SLO 1.QEP.Rubric
3
Meets Expectations
2
Partially Meets
Expectations
1
Does Not Meet
Expectations
Score
LSTD 2106—Fall 2022
Critical Thinking and Writing Exercise on Ethics
The purpose of this assignment is to strengthen your writing and analysis skills. The fact pattern
below is the only information, other than the textbook, you may use to complete the writing
assignment. You may not conduct or utilize outside research for this assignment. After the fact
pattern, there is a short paragraph with instructions.
The Background:
The Milk Crate Challenge has gone viral in recent days, often with catastrophic results shared
by millions across social media. At least one tweeter proclaimed it to be “the funniest challenge
since the ice bucket challenge.”
If you’ve been living on a deserted island and don’t know what this is about, here’s a video
which explains what’s going on: https://www.youtube.com/watch?v=VENY5FA93xI
“It’s the biggest thing that’s going on in every neighborhood right now,” said Derek, a 38-yearold social media personality based on Long Island. “You go to any park or public place right
now and you’ll see crates there.”
But many see the Milk Crate Challenge as a viral meme that has become a public health hazard.
Some doctors are also warning that the injuries from the challenge are putting more stress on
hospitals at a time when emergency rooms nationwide are overwhelmed because of the surge in
coronavirus infections.
The Scenario:
A local charity in Akron, Ohio—Protect American Milkers (PAM)—decided to sponsor a milk
crate challenge to raise money for local dairy farmers, who are going bankrupt and losing their
farms because the milk produced by their cows has been spoiling in storage containers due to
COVID-driven supply chain disruptions.
The rules to participate in the contest were designed by PAM to minimize harm to the
participants:
1. Participants must be at least 18 years old.
2. Participants cannot be under the influence of alcohol or drugs.
3. Participants must show proof of health insurance.
PAM is charging an admission fee of $10 per person to watch the event and $50 per person to
participate in the event. It has announced that it will split the winnings 50/50 between the
contestant who crosses the milk crates the fastest without falling and the dairy farmers who are
part of the association. PAM anticipates that it will raise about $50,000 during this two-day
event.
Instructions:
(1) Draft your paper using the IRAC format.
a. Paragraph 1 = Briefly describe the dilemma and Define the ethical ISSUE that
the dilemma presents: i.e. “Is it ethical for PAM to sponsor a fund-raising
activity for charity if there is a risk that some of the participants may be
harmed?”
b. Paragraph 2 = Identify, define, and explain the RULES surrounding ONE of the
two main frameworks for ethical decision-making: the principles-based approach
(focusing on the Categorical Imperative), OR the consequences-based approach.
c. Paragraph 3 = Conduct an ANALYSIS of the issue in this scenario. Apply the
Rule of Law from your Rules section to the facts to fully explain why and how
PAM’s conduct is (or is not) ethical under the ethical approach you have chosen.
d. Paragraph 4 = State your conclusion at the end.
(2) Submit your paper as a Word document to Folio>Assessments>Dropbox>IRAC Paper
by 11:59 PM Eastern Time on Friday, 9-16-22.
Please see the Critical Paper Grading Rubric so that you know how your work will be assessed.