Business Law Question

MandatoryGeneral Education Global Citizens Assignment – worth 20 points (Concise writing Instructor Note : it is more often requested and read in todays world – executive summaries- AND is more difficult to make your argument in fewer words) . Please reference all sources used including AI and be very careful not to plagiarize this source, It will show up in my Canvas gradebook. Also keep in mind professors all over the world are  testing AI and have found both factual errors on something as objective as math problems AND emotional and political bias in a lot of writing. This assignment calls for a legal analysis not an emotional analysis.

THIS IS A TAMPA “GEN ED/ GLOBAL CITIZEN DICTATED” ASSIGNMENT. LATE ASSIGNMENTS NOT SUBMITTED INTO CANVAS TIMELY CANNOT BE SUBMITTED LATE for “GEN ED or GLOBAL CITIZEN” CREDIT. IT IS VERY EASY TO EARN ALL POINTS ON THESE TWO WRITING ASSIGNMENTS. SIMPLY FOLLOW THE DIRECTIONS TIMELY.  I CANNOT OPEN CANVAS FOR THESE ASSIGNMENTS IF YOU SUBMIT LATE.  I SUGGEST THAT YOU SUBMIT EARLY.

Due date: 4/20 before 9am. No late assignments will be accepted  250-300 personally unique words. in a formatted Word document must be turned in on Canvas under Assignments using 12 point font and double spacing. Please write a legal memo and you must use  the IRAC FORMAT. described on Page 16 of your text. This means at least four paragraphs that are titled for the MANDATORY IRAC acronym ( you  must see Modules on Canvas..  YOU MUST FOLLOW THE INSTRUCTIONS PROVIDED IN THIS BLUE LINK ABOUT IRAC OR YOU WILL LOSE POINTS. The longest section should be the A section. This is not an essay about how you feel, it is about making a case using the law. This fact pattern may contain several legal issues. Limit your memo to only one of the issues of your choice. Only relevant facts  to your chosen issue should be included in the fact/issue section of your memo- this will keep this section short. Keep in mind that a well- reasoned legal argumentalways points out the merits of the opposing caseand then differentiates that argument by using facts and law to support the client’s position. Make sure you include that in your memo.

Step 1:  Research

Closely review in your text Appendix A; The preamble before Article I,  Article IV section 4, Article II section 1, last paragraphs of the U.S. Constitution, Chapters 2, 4, 31 and 54 in your textbook. Also look for current cases in the press involving similar situations.

Step 2: Assume and Analyze this Fact Set

In defiance of Federal Law the State of California has self-declared a Sanctuary State. Border crossing from all nationalities including folks from South, Central Americas as well as China, North Korea, and Middle-Eastern countries are crossing into California without visa’s. These people fall into two distinct groups, many seek the American standard of living yet, at least half seek criminal and terroristic economic gain. The total numbers exceed 36 million (at least 10% of our population) and 2,000,000 on an average annual basis in recent years.  San Diego and Orange counties have filed lawsuits against the state of California requesting relief from California sanctuary mandates. The counties request the right to follow Federal law with regard to illegal crossings and wish to deputize local law enforcement to deport those lacking visas at the border prior to the actual crossing. In the alternative, San Diego and Orange County request the right to charge a $10,000 visa tax for any and all humans of any age, race, nationality or gender crossing into their counties without the proper federal visa documentation.

The peoples of San Diego and Orange county cite the following damages to their local environment, communities, citizens and public systems: Loss of minimum wage/low skill jobs for the youth, part-time workers and elderly, property crime, identity theft , drug crimes,  DUI’s, assault and battery, sexual assaults and murder increases. Private businesses, particularly in border areas, have closed due to increasing and unabated crime. Public schools and hospitals are  too overcrowded and underfunded to handle the non-paying patient increase. Many crossing the borders have the highly contagious Covid virus’s or other communicable diseases that will require taxpayers to sacrifice significant tax dollars be expended on non citizens, while taxpaying citizen needs go unmet.  Police and Fire departments are understaffed and underfunded to handle the large influx of population. Homeschooling has increased 30% in recent years due to the lack of school security and proper student-teacher ratios. All essential taxpayer services in the area of housing, health care, schooling and safety(police and fire) are being diverted from taxpaying Americans who include the very poor and homeless in order to assist those crossing into the state illegally. Tax revenues are finite but the need for the services grows exponentially every year due to this situation. Over the past 10 years the total costs from losses in wages, property, and lives has been estimated to be over $500B per day in the U.S. with no noticeable net increase to the tax collections derived from the illegal border crossings. While many of folks crossing  hold jobs, over half of their income is sent back to their home countries and is not spent benefiting the U.S. economy.

What recourse does the bordering country of Mexico, San Diego and Orange Counties have and under what Jurisdiction and law?

Step 3: Write a Legal Argument

You are either a junior attorney working for the County of San Diego or a Junior attorney representing the State of California; you must choose. In 250 – 300 words give your reasoned LEGAL opinion of what remedies of relief should be available to your client. A copy of the grading rubric is attached to the syllabus.

Step 4:Save a Copy and Submit on Canvas under Assignments before the due date and time listed above.

Page 16 in text: MORE about IRAC. This is a very effective (NOT
EMOTIONAL, your feelings are irrelevant) and concise way to make
your point about an unknown , argument, disagreement. 4 paragraphs
labeled using: ISSUE, RULE, APPLICATION, CONCLUSION are required.
Do not restate the facts: I know the fact patterns. There are no wrong
answers in terms of your grade for this assignment. Points are lost for
failing to follow the formatting, instructions, or plagiarizing.
ISSUE: Determine what the issue involved in the dispute actually is.
Some fact patterns may have several issues, if so, pick only one. Then
state: Is the action or position or opinion of party “A” permitted under
_______ law? The facts are not stated in this section only the actual
issue. This is usually one statement.
RULE: State the various state, local, federal laws applicable and
Constitutional rights that would apply to the issue at hand. You must
research to find this laws and rights for this section. My assignment
instructions point you to starting points in the text. Laws and rights
typically cite themselves when quoted so no end notes are required.
APPLICATION: This should be the longest section of your memo. This is
the analysis section where you examine the facts, evaluate the
situation, interpret and apply the law. DO NOT restate all the facts,
Apply only the relevant facts to the laws you have discovered. Also you
must include at least one sentence to support the oppositions position
and then explain why the position is not the winning position under the
law you are applying.
CONCLUSION: Because the facts state____ and the ____ law exists, the
_____ party will prevail.