business law 308,

It is one essay question for my online exam,1 hour and 10 minutes limited time.

For essay question:

Answer fully and clearly. Answers consist of identifying the issues, analyzing the facts and applying law to the facts. Mere conclusions are not enough and may receive no credit.

Use essay format that incorporate IRAC method.

Discuss the issues involved, the applicable legal rules, an application of the law to the facts.

Discuss all issues. Some essay questions have more than one issue.

An overall structure of answers to essay questions is as follows:

Discuss the issue(s)

Define and discuss any principles of law, legal theories, etc., relevant to the question.

Fully apply the given facts to the legal principles on which you rely. Do not ignore any facts, even if they do not support your conclusions. Do not assume that I know that you know something – tell me in your exam what you know, defining every legal term used.

The actual conclusions you reach could be the least important part of your answer – but you must base your conclusions on complete and intelligent applications of the facts to the legal principles involved.

For IRAC format use the following format: The case might have different issues to IRAC each separately

issue:start with“whether”

Rule: start with “Under”

application: start with “Here,”

conclusion: start with “Therefore,

I upload the new IRAC format requirement below.

IRAC/CRAC
What is it?
• Issue, Rule, Analysis, Conclusion OR Conclusion, Rule, Analysis, Conclusion
• Method for organizing legal analysis so that the reader can follow your argument
• Especially helpful in writing exams (IRAC) and legal memos (CRAC).
How to do it?
As an example, we will look at whether someone can sue for battery as a result of
inhaling second-hand smoke. The issue we will look at is whether there is contact, which
is required for a battery claim.
Issue
• First state the question or problem that you are trying to answer (what might bring
the parties into court). This can be in the form of a question or a statement
depending on what your reader prefers. Examples:
o “There is an issue as to whether contact occurred when the plaintiff
inhaled the second-hand smoke.”
o “Does contact occur when one inhales second-hand smoke created by
another?”
• However, in legal memos, one may state the conclusion up front (in case the
reader is too busy to read through the entire analysis. Some professors also prefer
that you state the conclusion up front.
Rule
•
•
State the rule or legal principle. This may take the form of stating the elements
required for a prima facie case.
o “The prima facie case for battery requires the following elements: an act,
intent, contact, causation, and harm.”
Some professors do not want you to explicitly state the rule (i.e., “The rule is…”).
Rather, they prefer that you imply it in your answer. In other words, cut to the
chase by focusing your rule statement on the part of the rule or element that is at
issue.
o “The offense of battery requires contact with the plaintiff’s person.”
Analysis
• This is where you state your evidence and explain how you will arrive at your
conclusion. You may cite other cases, discuss policy implications, and discuss
(discount?) cases that run counter to your conclusion.
• Make sure that you weigh both sides and make counterarguments where
appropriate.
• Use case law, analogizing and distinguishing, and policy (for example, the goals
of tort law) to work your way to a conclusion.
o “In Howe v. Ahn, the court held that noxious bus fumes inhaled by a
passerby constitute harmful and offensive contact. Although the court has
not extended this holding to a case involving second-hand smoke,
numerous cases have likened second-hand smoke to air pollution (for
example, Fox v. Abernathy). Policy considerations also favor finding
contact in the present case. If one can prove harm as a result of inhaling
second-hand smoke, it is better for the smoker to compensate the victim
than burden the state.”
Conclusion
o “The court is likely to find that harmful contact occurs when a smoker
releases second-hand smoke into the air and that air is inhaled by a
bystander.”
Exercise:
Amanda has a long history of narcolepsy. She has tried all sorts of remedies from
caffeine pills to doing jumping jacks every ten minutes to stay alert. After falling asleep
during a law school final, she decided to see a doctor for some professional advice. The
doctor prescribed “Stay Awake” medicine. The medicine seemed to work well and
Amanda didn’t have any more embarrassing ‘naps’ in class. Two months later, Amanda
was riding her scooter home when she fell asleep behind the handlebars. She then
crashed into Felix. Felix decides to sue Amanda for negligence. What result?