ANSWERING A LEGAL PROBLEMThere is a framework of analysis that s.docxjustine1simpson78276
ANSWERING A LEGAL PROBLEM
There is a framework of analysis that should always be followed when writing an answer to a legal problem. It can be summarized in the acronym “IRAC”.
First the answer to the problem must state the ISSUE. The issue is the question that must be answered in order to know who will prevail in the dispute – the potential lawsuit -- that is the subject of the problem.
Next, the answer should state the RULE -- this is the legal principle that provides the answer to the issue.
Next the answer must discuss APPLICATION. Your answer must explain how the rule of law connects with the facts of the case in order to show who will prevail in the dispute.
The last item to include is the CONCLUSION. Who will win the dispute? This must be stated here.
Consider this sample problem:
Fred and Ethel decided to buy a new refrigerator. They went to Super Appliance store to look at the available models. Rick approached them and said “Can I help you? – we are having a sale on refrigerators” Rick then showed them several refrigerators. They selected one; Rick produced a form with Super’s name at the top and filled it out as a memorandum of the sale. Fred and Ethel paid cash for the refrigerator. When the refrigerator was not delivered, Fred called the store. Super informed Fred that Rick did not work for Super – Rick was in fact a “con man” who had carried out fraudulent activities inside Super’s store area. Super said that since Fred had no authority to represent Super, the contract was not binding on Super. Was a binding contract made between Super and Fred and Ethel for the sale of the refrigerator to Fred and Ethel?
(An answer to any legal problem should employ the IRAC form of analysis. If the problem raises more than one legal issue, it is a good idea to first provide an answer to one issue. After that is done, the process should be repeated for each of the other issues.)
SAMPLE ANSWER
A contract negotiated by one person on behalf of another person will be binding on that person only if the first person had authority to enter into that contract on behalf of the other party. Did Rick have authority to make a contract on behalf of Super to sell a refrigerator to Fred and Ethel?
First we must determine if Rick had express authority to make such a contract. Express authorityis the authority that a principal confers on the agent by using specific words. In this case Super never said anything to Rick that would have given him any authority to do anything on behalf of Super. Rick did not have express authority to bind Super to the contract with Fred and Ethel.
Did Rick have implied authority to enter into this contract? Implied authority is authority that a court concludes the principal intended to give to the agent even though the principal did not use any words that would confer such authority. Implied authority grows out of express authority – if an agent has no express authority he will not have any implied au.
ANSWERING A LEGAL PROBLEMThere is a framework of analysis that s.docxjustine1simpson78276
ANSWERING A LEGAL PROBLEM
There is a framework of analysis that should always be followed when writing an answer to a legal problem. It can be summarized in the acronym “IRAC”.
First the answer to the problem must state the ISSUE. The issue is the question that must be answered in order to know who will prevail in the dispute – the potential lawsuit -- that is the subject of the problem.
Next, the answer should state the RULE -- this is the legal principle that provides the answer to the issue.
Next the answer must discuss APPLICATION. Your answer must explain how the rule of law connects with the facts of the case in order to show who will prevail in the dispute.
The last item to include is the CONCLUSION. Who will win the dispute? This must be stated here.
Consider this sample problem:
Fred and Ethel decided to buy a new refrigerator. They went to Super Appliance store to look at the available models. Rick approached them and said “Can I help you? – we are having a sale on refrigerators” Rick then showed them several refrigerators. They selected one; Rick produced a form with Super’s name at the top and filled it out as a memorandum of the sale. Fred and Ethel paid cash for the refrigerator. When the refrigerator was not delivered, Fred called the store. Super informed Fred that Rick did not work for Super – Rick was in fact a “con man” who had carried out fraudulent activities inside Super’s store area. Super said that since Fred had no authority to represent Super, the contract was not binding on Super. Was a binding contract made between Super and Fred and Ethel for the sale of the refrigerator to Fred and Ethel?
(An answer to any legal problem should employ the IRAC form of analysis. If the problem raises more than one legal issue, it is a good idea to first provide an answer to one issue. After that is done, the process should be repeated for each of the other issues.)
SAMPLE ANSWER
A contract negotiated by one person on behalf of another person will be binding on that person only if the first person had authority to enter into that contract on behalf of the other party. Did Rick have authority to make a contract on behalf of Super to sell a refrigerator to Fred and Ethel?
First we must determine if Rick had express authority to make such a contract. Express authorityis the authority that a principal confers on the agent by using specific words. In this case Super never said anything to Rick that would have given him any authority to do anything on behalf of Super. Rick did not have express authority to bind Super to the contract with Fred and Ethel.
Did Rick have implied authority to enter into this contract? Implied authority is authority that a court concludes the principal intended to give to the agent even though the principal did not use any words that would confer such authority. Implied authority grows out of express authority – if an agent has no express authority he will not have any implied au.
Letter From Birmingham Jail - MLK - 16 April 1963My Dear Fel.docxSHIVA101531
Letter From Birmingham Jail - MLK - 16 April 1963
My Dear Fellow Clergymen:
While confined here in the Birmingham city jail, I came across your recent statement calling my present activities "unwise and untimely." Seldom do I pause to answer criticism of my work and ideas. If I sought to answer all the criticisms that cross my desk, my secretaries would have little time for anything other than such correspondence in the course of the day, and I would have no time for constructive work. But since I feel that you are men of genuine good will and that your criticisms are sincerely set forth, I want to try to answer your statement in what I hope will be patient and reasonable terms.
I think I should indicate why I am here in Birmingham, since you have been influenced by the view which argues against "outsiders coming in." I have the honor of serving as president of the Southern Christian Leadership Conference, an organization operating in every southern state, with headquarters in Atlanta, Georgia. We have some eighty five affiliated organizations across the South, and one of them is the Alabama Christian Movement for Human Rights. Frequently we share staff, educational and financial resources with our affiliates. Several months ago the affiliate here in Birmingham asked us to be on call to engage in a nonviolent direct action program if such were deemed necessary. We readily consented, and when the hour came we lived up to our promise. So I, along with several members of my staff, am here because I was invited here. I am here because I have organizational ties here.
But more basically, I am in Birmingham because injustice is here. Just as the prophets of the eighth century B.C. left their villages and carried their "thus saith the Lord" far beyond the boundaries of their home towns, and just as the Apostle Paul left his village of Tarsus and carried the gospel of Jesus Christ to the far corners of the Greco Roman world, so am I compelled to carry the gospel of freedom beyond my own home town. Like Paul, I must constantly respond to the Macedonian call for aid.
Moreover, I am cognizant of the interrelatedness of all communities and states. I cannot sit idly by in Atlanta and not be concerned about what happens in Birmingham. Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly. Never again can we afford to live with the narrow, provincial "outside agitator" idea. Anyone who lives inside the United States can never be considered an outsider anywhere within its bounds.
You deplore the demonstrations taking place in Birmingham. But your statement, I am sorry to say, fails to express a similar concern for the conditions that brought about the demonstrations. I am sure that none of you would want to rest content with the superficial kind of social analysis that deals merely with effects and does not grapp ...
Letters To Authorities, Robert Arthur MenardChuck Thompson
Letters To Authorities is an incredible book by one of Canada's most courageous people. A must read for anyone who wants to learn about real personal freedom and a better understanding of the laws of the western world.
Copyright 2002 Page 1 Lecture Text Joseph L. Badarac.docxvoversbyobersby
Copyright 2002 Page 1
Lecture Text
Joseph L. Badaracco, Jr.: Defining Moments*
This will probably surprise many of you: I’m going to say very little
about Enron. As I understand the Enron story, if you put aside the
colossal scale of the collapse, and all the disruption and harm it caused
to thousands of people—and that’s an enormous set of things to put
aside—I don’t think it is a particularly interesting story.
From what I’ve read in the newspapers, and I’ve tried to follow this
very carefully and have gotten lots of inquiries from journalists, the
folks at Enron and some folks at Anderson did a lot of things that were
wrong. They shouldn’t have done them. It was clear what was right
and what was wrong. And for the vast majority of people, there is very
little value in talking about right and wrong. Most people fortunately
have a sense of what the difference is between the two; for those who
don’t, in most cases, it is often hopeless. You have to keep an eye out
for them. If you find them in your organization, you must usher them
toward the doorway.
I’m going to talk about a different kind of problem, a different set of
problems. And these are the kinds of problems which, in the years I’ve
spent looking at managers who take their responsibilities really
seriously, are the problems that when they recount them for you, you
get a sense that their stomachs are tightening a little bit, that they’re
breathing a little faster. It might be an experience that they learned
from, something that they were glad they did once, but in many cases,
the problem is something that they don’t want to relive again. These
problems have a simple name. I call them “right versus right”
problems.
Let me give you a couple of examples. Let me start with one; since
I’ve mentioned Enron, let’s talk about the bookend to Enron. If Enron
is the biggest and worst of the corporate ethic scandals, let me talk
just a little bit about the famous Tylenol episode of the early 1980s.
I’m sure you’ve all heard the standard story. In the fall—I believe it
was 1982—six people in the Chicago area died of cyanide-laced Tylenol
tablets. James Burke, the chairman of the company at the time, has
been widely praised as a hero for, in the standard phrase, “doing the
right thing.”
Burke is an alumnus of Harvard Business School. We have a case
study of the Tylenol episode. He’s come back and talked about it. I’ve
had the chance to interview him. And, like several of my colleagues,
I’ve put a blunt question to him. I said, “Mr. Burke, look, what you did
resurrecting the brand was phenomenal.” (Think about a brand that’s
* Edited for clarity
Copyright 2002 Page 2
been implicated in a series of deaths: That was phenomenal.) “But
surely this couldn’t have been a difficult issue about doing the right
thing. You had to get that product off the shelves. Other people might
have died if there was more.
Foot in the Door Phenomenon - Get Your Foot in the Door to Advance Your CareerEmployment Crossing
Harrison believes that getting your foot in the door is something that is among the most powerful things in terms of advancing your career. Foot in the door for your career would mean that you start out small and build from there. You can start out working in your dream job part time.
Letter From Birmingham Jail - MLK - 16 April 1963My Dear Fel.docxSHIVA101531
Letter From Birmingham Jail - MLK - 16 April 1963
My Dear Fellow Clergymen:
While confined here in the Birmingham city jail, I came across your recent statement calling my present activities "unwise and untimely." Seldom do I pause to answer criticism of my work and ideas. If I sought to answer all the criticisms that cross my desk, my secretaries would have little time for anything other than such correspondence in the course of the day, and I would have no time for constructive work. But since I feel that you are men of genuine good will and that your criticisms are sincerely set forth, I want to try to answer your statement in what I hope will be patient and reasonable terms.
I think I should indicate why I am here in Birmingham, since you have been influenced by the view which argues against "outsiders coming in." I have the honor of serving as president of the Southern Christian Leadership Conference, an organization operating in every southern state, with headquarters in Atlanta, Georgia. We have some eighty five affiliated organizations across the South, and one of them is the Alabama Christian Movement for Human Rights. Frequently we share staff, educational and financial resources with our affiliates. Several months ago the affiliate here in Birmingham asked us to be on call to engage in a nonviolent direct action program if such were deemed necessary. We readily consented, and when the hour came we lived up to our promise. So I, along with several members of my staff, am here because I was invited here. I am here because I have organizational ties here.
But more basically, I am in Birmingham because injustice is here. Just as the prophets of the eighth century B.C. left their villages and carried their "thus saith the Lord" far beyond the boundaries of their home towns, and just as the Apostle Paul left his village of Tarsus and carried the gospel of Jesus Christ to the far corners of the Greco Roman world, so am I compelled to carry the gospel of freedom beyond my own home town. Like Paul, I must constantly respond to the Macedonian call for aid.
Moreover, I am cognizant of the interrelatedness of all communities and states. I cannot sit idly by in Atlanta and not be concerned about what happens in Birmingham. Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly. Never again can we afford to live with the narrow, provincial "outside agitator" idea. Anyone who lives inside the United States can never be considered an outsider anywhere within its bounds.
You deplore the demonstrations taking place in Birmingham. But your statement, I am sorry to say, fails to express a similar concern for the conditions that brought about the demonstrations. I am sure that none of you would want to rest content with the superficial kind of social analysis that deals merely with effects and does not grapp ...
Letters To Authorities, Robert Arthur MenardChuck Thompson
Letters To Authorities is an incredible book by one of Canada's most courageous people. A must read for anyone who wants to learn about real personal freedom and a better understanding of the laws of the western world.
Copyright 2002 Page 1 Lecture Text Joseph L. Badarac.docxvoversbyobersby
Copyright 2002 Page 1
Lecture Text
Joseph L. Badaracco, Jr.: Defining Moments*
This will probably surprise many of you: I’m going to say very little
about Enron. As I understand the Enron story, if you put aside the
colossal scale of the collapse, and all the disruption and harm it caused
to thousands of people—and that’s an enormous set of things to put
aside—I don’t think it is a particularly interesting story.
From what I’ve read in the newspapers, and I’ve tried to follow this
very carefully and have gotten lots of inquiries from journalists, the
folks at Enron and some folks at Anderson did a lot of things that were
wrong. They shouldn’t have done them. It was clear what was right
and what was wrong. And for the vast majority of people, there is very
little value in talking about right and wrong. Most people fortunately
have a sense of what the difference is between the two; for those who
don’t, in most cases, it is often hopeless. You have to keep an eye out
for them. If you find them in your organization, you must usher them
toward the doorway.
I’m going to talk about a different kind of problem, a different set of
problems. And these are the kinds of problems which, in the years I’ve
spent looking at managers who take their responsibilities really
seriously, are the problems that when they recount them for you, you
get a sense that their stomachs are tightening a little bit, that they’re
breathing a little faster. It might be an experience that they learned
from, something that they were glad they did once, but in many cases,
the problem is something that they don’t want to relive again. These
problems have a simple name. I call them “right versus right”
problems.
Let me give you a couple of examples. Let me start with one; since
I’ve mentioned Enron, let’s talk about the bookend to Enron. If Enron
is the biggest and worst of the corporate ethic scandals, let me talk
just a little bit about the famous Tylenol episode of the early 1980s.
I’m sure you’ve all heard the standard story. In the fall—I believe it
was 1982—six people in the Chicago area died of cyanide-laced Tylenol
tablets. James Burke, the chairman of the company at the time, has
been widely praised as a hero for, in the standard phrase, “doing the
right thing.”
Burke is an alumnus of Harvard Business School. We have a case
study of the Tylenol episode. He’s come back and talked about it. I’ve
had the chance to interview him. And, like several of my colleagues,
I’ve put a blunt question to him. I said, “Mr. Burke, look, what you did
resurrecting the brand was phenomenal.” (Think about a brand that’s
* Edited for clarity
Copyright 2002 Page 2
been implicated in a series of deaths: That was phenomenal.) “But
surely this couldn’t have been a difficult issue about doing the right
thing. You had to get that product off the shelves. Other people might
have died if there was more.
Foot in the Door Phenomenon - Get Your Foot in the Door to Advance Your CareerEmployment Crossing
Harrison believes that getting your foot in the door is something that is among the most powerful things in terms of advancing your career. Foot in the door for your career would mean that you start out small and build from there. You can start out working in your dream job part time.
Implicitly or explicitly all competing businesses employ a strategy to select a mix
of marketing resources. Formulating such competitive strategies fundamentally
involves recognizing relationships between elements of the marketing mix (e.g.,
price and product quality), as well as assessing competitive and market conditions
(i.e., industry structure in the language of economics).
LA HUG - Video Testimonials with Chynna Morgan - June 2024Lital Barkan
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1. How to capture video testimonials that convert from your audience 🎥
2. How to leverage your testimonials to boost your sales 💲
3. How you can capture more CRM data to understand your audience better through video testimonials. 📊
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Editable Toolkit to help you reuse our content: 700 Powerpoint slides | 35 Excel sheets | 84 minutes of Video training
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The world of search engine optimization (SEO) is buzzing with discussions after Google confirmed that around 2,500 leaked internal documents related to its Search feature are indeed authentic. The revelation has sparked significant concerns within the SEO community. The leaked documents were initially reported by SEO experts Rand Fishkin and Mike King, igniting widespread analysis and discourse. For More Info:- https://news.arihantwebtech.com/search-disrupted-googles-leaked-documents-rock-the-seo-world/
An introduction to the cryptocurrency investment platform Binance Savings.Any kyc Account
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20. Come to the Swedish/Ballard ER housewarming.
See something
new in Ballard
that isn’t a condo.
21.
22.
23.
24. Every birth that takes place at Swedish — and there have been more than 200,000 of them — is a
remarkable event. But the 1935 arrival of David Ishii is quite another story.
Sadly, his mother died in childbirth, and David’s father was ill equipped to take care of a newborn. So,
Mr. Ishii made arrangements with Swedish to care for his new son while he took his six other children to
Japan where relatives could look after them.
What was supposed to be a brief absence turned into 31/2 years. So David grew up at Swedish with a
whole team of mothers — all dressed in starched white uniforms.
To this day, David remembers accompanying Swedish’s founder, Dr. Nils Johanson, around the halls of
the hospital. And he faintly recalls a birthday party the nurses threw for him.
It was and is the Swedish way to do whatever it takes to make patients feel at home — even if it actually is your home.
Watch 100 stories about Swedish’s 100 years at www.swedish.org/100years
Thousands of babies
have been born at Swedish.
But only one went on to
live there for 31/2 years.
59. FOR A PAST PROJECT.
FOR A CURRENT PROJECT.
FOR THE
MUSEUM OF GLASS.
60. Museum of Glass Creative Brief
Deliverable: A rack brochure to be displayed in hotel lobbies
and tourist attractions
Objective: Increase visits to the MOG by Seattle visitors by
10% over the next year
Audience: Visitors to Seattle with a cultural or art interests
Competition: Museums in Seattle: SAM, SAAM, Sculpture
Garden, Chihuly Gardens, Frye, Henry, MOHAI and
other attractions that consume time and money
Strategy: Seattle visitors should to the Museum of Glass
because (single compelling reason).
84. "MEN WANTED FOR HAZARDOUS JOURNEY.
SMALL WAGES, BITTER COLD, LONG MONTHS
OF COMPLETE DARKNESS, CONSTANT
DANGER, SAFE RETURN DOUBTFUL. HONOR
AND RECOGNITION IN CASE OF SUCCESS."
171. Dear Washington State Democrat,
As much as I hate to interfere in the election of another state (other than Florida), I feel that I must write in order to urge you to support Mark
Sidran for Washington State Attorney General.
I have known Mark since I was accidentally admitted to Harvard in the late 1960’s. Mark, who got in on merit and merit alone, was a classmate
of mine, and has made something of himself.
As you may know, he has spent the last 28 years as a prosecutor, Seattle City Attorney, and as a practicing lawyer. Mark’s experience is what I
like to call one of his three E’s. The other two E’s are integrity and energy. Wait. Scrap integrity. Although Mark has it in spades, it does not start
with an “E.” I remember learning that at Harvard. But I digress. Let’s get back to his experience.
As City Attorney, Mark took on some of the most egregious corporate polluters in Puget Sound. I could name names, but I may be planning to
run for public office in Minnesota someday, and why burn a bridge?
As Attorney General, Mark will continue his fight on behalf of citizens by doubling the size of the state’s consumer protection division. Tired of
finding out your senior citizen mother has been ripped off by scam artists? Besides telling your mom to be more alert, you can take action by
electing Mark.
Oh, now I remember the other two “e’s”. Endorsements and Electability. Besides me, Mark has been endorsed by every single Democratic
county prosecutor in the state. These are people, who unlike me, actually know what the Attorney General does. Bill Gates Sr., former
president of the Washington State Bar and father of someone who I’d like to get to know better when I get ready to run for office, has endorsed
Mark as well. So have civil rights leaders like Norm and Constance Rice. Others include environmentalists, led by Washington Conservation
Voters, the State’s largest environmental political group, and a long list of elected officials such as Governor Gary Locke, Congressman Norm
Dicks, former Governor Booth Gardner, many civic leaders and leading lawyers. Governor Locke, I have learned, is the only Asian American
state governor to make an endorsement in this race. That alone says it all.
172. I could go on and on with the endorsements. But frankly, no one cares about endorsements. Let’s move on to what really matters to Democrats
– electability. Republicans don’t want Mark to be the Democratic nominee because they know he will be the most difficult candidate to beat in a
statewide race that isn’t fixed by the use of paperless machines. This is the first time in 12 years that the Attorney General’s seat has been
open and the Republican Party and their special interests are salivating at the chance of putting one of their lackeys in one of the most
powerful jobs in your state. Mark is a common sense Democrat with a proven track record and the clear ability to win in November or whenever
the Department of Homeland Security allows us to vote.
George W. Bush does not want Mark Sidran to be your next Attorney General. Neither does Deborah Senn, who did not go to college with me.
In conclusion, give your vote, and if possible, your check to Mark Sidran. And if you really want to see more of those endorsements, check out
the partial list below or visit Mark’s website, www.MarkSidran4AG.com. As you can tell from the “4,” this is one hip campaign.
Sincerely,
Al Franken