1. MANAGEMENT 230
LEGAL RESEARCH PAPER
The objective of this project is to familiarize the student with applicable legal
restraints on business. It is important that each prospective business manager
be able to locate applicable law regulating the business activity; be able to
understand the goal sought by the legislation; be able to understand and apply
current interpretation of such legislation; and be able to conform decisional
activity to the requirement imposed by such legislation.
Note: Students can only do legal research on California Codes and Regulations.
The structure and organization of the legal research is the following:
I. INTRODUCTION. There should be a general statement about the
legislation one is about to do research on. Why is this topic important
to you? How are you going to approach this topic. One should
consider, that the introductions is designed to captivate the interest of
the reader while at the same time providing the reader a basic outline
on how one is going to approach this topic.
II. LEGISLATION. The student is to write the law as it exactly appears in the
Federal Codes or Federal Regulations. The code in the research
project should mirror the code as it appears in the federal codes.
Remember, the purpose of electing representative in the legislature is
to empower them to make the law. We in society merely respond to
the law. Do not interpret or give impressions about the law in the
legislative section of this paper.
III. RATIONALE. Whenever a law is written, the law itself must satisfy the
“due process” standard of the 5Th
and 14Th
amendment. This means
that the law cannot be arbitrary, capricious or unreasonable.
Furthermore, due process requires that there be some evidence that
the law went through a deliberative and rational process. Therefore,
the law must have a purpose, goal or rationale. Student must state the
purpose, goal or rationale of the law.
IV. SUBSEQUENT CASE ANALYSIS. Students are to select only one
case that is relevant to the code in questions (it is advisable that the
student go to the “notes on decision’ to ascertain relevant cases under
the code section). Students are to brief the cases by applying (FILAC).
Also, the students are to properly title the case. If the statute or
subject is new and there are no relevant cases, students are advised
to go to law journals articles (easily accessible in lexis nexus) and
select two articles relevant to the subject at hand. The student is to
properly cite the journal article and do a one page summary of each
article.
V. CONCLUSION. The conclusion will consist of two parts:
a. SOCIAL IMPACT. In this section of the conclusion the student will
explore as to whether or not the legislation is accomplishing its
2. goal? Is there significant controversy about the legislation? In
other words, what is the social attitude about the legislation.
b. PERSONAL OPINION. This section of the conclusion, the student
provides their respective personal opinion of the legislation. In this
section the student might explore how the law affects that person
individually? Are there any ethical or moral opposition to the law?
FINAL DRAFT DUE March 17, 2016
