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To: (Reference generic “Supervising Attorney” or name of
attorney in fact pattern)
From: Paralegal (Do not use your real name on the exam)
Date:
RE: (Descriptive short title)
FACTS:
In this section, you are going to state the facts of the case. You
will base this section on the facts from the memo sent to you by
the supervising attorney. If you can find a way to make those
facts even more concise that is even better. Remember, this
section
is only for stating “what happened.”
ISSUES:
In this section, you state the legal issues. Start with a simple
introduction to this section stating that there are “X” number of
issues. An example of an opening sentence would be something
like this: “The information provided gives rise to three issues,
as
outlined below.”
1) Did Lockes commit Trespass?
2) Did Lockes commit Theft?
3) Did Lockes commit Criminal Damage?
Keep the issue statements simple. For purposes of this exam,
state the issue as shown and do not include factual links. For
example, “Did Lockes commit Trespass?” and not “Did Lockes
commit Trespass when she walked upon the land belonging to
Jim.” The underlined portion contains facts. Do not link back
to the facts when stating the issues here.
Always number your issue statements.
DISCUSSION:
Introduce the section with a simple statement such as “The
issues presented are analyzed below using the provided law.”
After introducing the section, use subheadings to further
structure this section. Use one subheading for each crime. For
example:
Trespass:
In this subsection you will perform an I.R.A.C. analysis of the
first issue. Start by introducing the Issue. For example, you
could
start by saying “The first issue is whether Lockes committed
trespass.” The preceding example is a simple but effective way
to
concisely introduce the issue. Next, state the Rule for trespass.
Do this by paraphrasing the Trespass statute. Do not include
every piece of the statute, only the part that applies in this
situation. Next, do your Analysis by explaining in one or two
sentences
what facts from your fact section above satisfy the requirements
of the statute. Finally, state what you can conclude from your
analysis of this first issue.
Theft:
Repeat the same structure for this issue as you used for
Trespass.
Criminal Damage:
Repeat the same structure for this issue as you used for Trespass
and Theft.
CONCLUSION:
In this last section you will restate, concisely, the conclusions
from your analysis above, addressing each of the issues. These
are
answers to the questions you asked in your issue statements.
Use the format below, with numbered sentences/short
paragraphs
corresponding to each issue. In this section you do include the
factual link to the issue. For example, “Lockes did commit
Trespass when she walked upon the land belonging to Jim.”
The underlined portion contains facts. In this conclusion
section,
you do include those because you are tying things up. You have
an answer to the question asked and a summary of the reason for
the answer. The full explanation of that reason you have
already given in the Discussion section. Here, in the
Conclusion, you
are simply summarizing your findings.
1) Lockes did commit Trespass when . . .
2) Lockes did commit Theft when . . ., without permission or
authority, she . . . by eating it, thereby showing . . .
3) Lockes did not commit Criminal Damage when she . . .
because . . .
1
Assignment 2: Final Report
Example Paper
Strayer University
ECO100
Dr. Jean Fonkoua
September 8, 2018
Robert DeVos
Robert DeVos
Robert DeVos
Robert DeVos
Robert DeVos
Robert DeVos
2
Final Report: Airline Industry
Introduction
The US airline industry is on a winning streak following
seventeen consecutive
productive quarters. Even with its most significant operational
costs, labor, and fuel spikes,
persistent demand on increasing capacity, the airline industry
remains in the black. This paper
will focus on critical areas such as the assessment of favorable
growth rates up through 2036,
government taxation and its impact and trends on the airline
industries. All signs point to
growing demand for global connectivity. Alexandre de Juniac,
Director General, and CEO of
the International Air Transport Association (IATA) said, “The
world needs to prepare for a
doubling of passengers in the next 20 years. It is also a huge
challenge for governments and
industry to ensure we can successfully meet this essential
demand” (1).
Size and Growth Rate Assessment
The IATA, in its latest press release, updates that the airline
industry is expected to see
roughly 7.8 billion air travelers in 2036, almost double the 4
billion air passengers anticipated to
fly this year. This latest update comes from the most recent
release of the IATA's 20-Year Air
Passenger Forecast, base prediction on a 3.6% average
Compound Annual Growth Rate (CAGR)
(2). Global air travel is expected to sustain favorable growth
rates up to 2030, notwithstanding
hurdles faced within the industry. High jet fuel prices and slow
economic growth worldwide
caused strains within the industry. Although challenging,
improvements in passenger totals
offset tense economic circumstances which quickly translate
into an increased financial
performance of the airline industry. Strong representation in
passenger patronage supports an
impressive GDP growth of 3.5% (the strongest since 2010).
Subsequently, the global aviation
3
industry is predicted to reach up to 33.8 billion US dollars in
profits by the close of 2018, up
from barely 8.3 billion in 2011. Annual growth report shows
that between "2017 and 2036, the
number of airline passengers is expected to increase at a
combined annual growth rate (CAGR)
of 4.7 percent" (2).
Key Indicator to Monitor (Inflation) and Importance and Impact
to the Airline Industry
In the airline industry, important macroeconomic indicators are
unemployment, inflation,
and the business cycle. An important indicator, inflation,
influences both the business cycle and
unemployment rates, and so it must be monitored closely by the
airline industry. For example,
the airline industry earnings are reduced at a startling pace due
to inflation. Decreased profits
affect the economic position of the airline industry, which in
turn produces a weak employment
environment. Moreover, there is an interchangeable correlation
between inflation rates and the
rate of unemployment. This relationship includes trade-offs
whereas a given high rate of
inflation lowers the rate of unemployment to reduce inflation,
price regarding a higher
percentage of unemployment must be borne (3).
Inflation increases the price of goods and services and decreases
the purchasing power of
customers. Also, increases to products and services generate
higher fuel costs resulting in steep
ticket prices and sometimes canceled routes to lower costs for
the airlines. Furthermore, inflated
fuel prices subsequently increase the overall costs and
significantly decreases the demand in the
airline industry (IATA, 4). Since 1996 the inflation-adjusted
price of air travel to consumers has
reduced by half. The IATA reports that "International tourists
traveling by air are expected to
spend more than $750 billion in 2018, a rise of 15% in just over
2 years" (4). Furthermore,
financial instability within the industry reduces the ability to
hire new employees, thus creates an
4
increase in unemployment rates, which in turns is passed on by
influencing the quality of the
services given to its patrons, which also contributes to lower
demand for goods and services.
Moreover, variations in the interest and employment rates
further correlate to the airlines
business cycle (or economic cycle). A business cycle is a
sequence of various periods of
economic growth and a declining period, or, "the transition of
the economy from peak to trough
and trough to peak" (5). Inflation will force the airline industry
towards economic decay, and it
will create financial uncertainty in the industry. The airline
industry has a long-term business
cycle, which produces low earnings and yields to its
stockholders. In the development and
growth cycles of business, both the production and hiring boom
until the full employment of
resources and production reach their peak
Inflation – Recent Trends Within the Airline Industry
Profits within the global airline industry will drop in 2018 as
fuel, labor and interest rates
increase. In December, the IATA flagged higher than average
spending on labor and fuel, which
make up more than half of the operating expenses within the
airline industry. Within the last few
months, the IATA then lowered its profit prediction for 2018 by
12 percent to $33.8 billion,
down from its December forecast of $38.4 billion (6).
Moreover, airline jet fuel costs are
estimated to increase to as much as $84 a barrel in 2018, while
the IATA's December estimates
were based on a per barrel price of $70 (7). Furthermore, on
April 26, Douglas Parker, CEO of
American Airlines, noted that oil prices have spiked to 60%
from last summer, a significant
increase over a short period (8).
5
Meanwhile, the U.S. Bureau of Labor Statistics reports the cost
of an airline ticket in
2018 is 10.01% higher versus that of 2000, which is a $10.01
disparity in value (9). Between
2000 and 2018, airline ticket pricing experienced a median rate
of inflation of .53 percent per
year. Put differently, a $100 ticket in 2000 would now cost
$110.01 in 2018 (9). In fact, in June,
IATA's Director General and CEO, Alexandre de Juniac, on
concerns of increased fuel costs,
declared the inevitable, airlines would have to pass some of the
fuel burdens onto its passengers
(10).
As fuel costs increase, the airline’s objectives are still all about
their revenues. As seen in the
chart above, the Q2 2017 to Q2 2018 income statement for
United Airlines show us the impact to
net income and the airline's ability to increase the ticket
revenue beyond the increased fuel costs.
Conclusion
In conclusion, we consider inflation a well-known economic
indicator within the airline
industry, as well as other signs arising as crucial for
understanding the actual market demand.
While GDP remains as an essential driver for the airline
industry, its relationship to aviation’s
6
growth has evolved, this is apparent at a global level, though
induced by actions at a locally
geographical level. Moreover, inflation is not the only factor
that motivates airline growth,
elements such as private consumption, international trade,
tourism, crude oil prices, airline
profits and increase in productivity all contribute to the
economic factors (11). The result
provides a unique viewpoint on the strategies of the global
airline industry, considering fuel
costs, which have significantly increased for all airlines. The
federal government in its quest to
continue its full potential of progression has implemented
global standards on security, taxation,
and global regulations to build cost-efficient infrastructure and
house increasing demand to the
detriment of the airline industry.
7
Sources
1. IATA, 2017, 2036 Forecast Reveals Air Passengers Will
Nearly Double to 7.8 Billion,
https://www.iata.org/pressroom/pr/Pages/2017-10-24-01.aspx
2. Statista, 2018, Annual growth in global air traffic passenger
demand from 2005 to 2018,
https://www.statista.com/statistics/193533/growth-of-global-air-
traffic-passenger-
demand/
3. OpenStax, 2015, The Phillips Curve. OpenStax CNX.
http://cnx.org/contents/06001366-
[email protected], 2018, A Journey Through American
Transportation 1776-2016,
https://transportation.gov/50/timeline/accessible
4. IATA, 2018, Air Passenger Market Analysis – April 2018,
https://iata.org/publications/economics/Reports/pax-monthly-
analysis/passenger-analysis-
apr-2018.pdf
5. OpenStax, 2017, Tracking Real GDP over Time, OpenStax
CNX,
http://cnx.org/contents/[email protected]
6. IATA, 2018, Economic Performance Of The Airline Industry,
https://www.iata.org/publications/economics/Reports/Industry-
Econ-Performance/IATA-
Economic-Performance-of-the-Industry-mid-year-2018-report-
final-v1.pdf
7. David Reid, 2018, Airline profits to slump in 2018, industry
body says,
https://www.cnbc.com/2018/06/04/iata-forecasts-airline-profit-
fall-in-2018.html
8. Dough Cameron & Bradley Olson, 2018, Companies Feel the
Impact of Rising Oil
Prices, https://www.wsj.com/articles/companies-feel-the-
impact-of-rising-oil-prices-
1524786472
9. BLS, 2018, Bureau of Labor Statistics- Consumer Price
Index-Airline Fares,
https://www.bls.gov/cpi/factsheets/airline-fares.htm
10. Tim Hepher and Victoria Brown, 2018, Global Airlines
Issue Warning Over Trade
Tensions, https://www.reuters.com/article/us-airlines-
iata/global-airlines-issue-warning-
over-trade-tensions-idUSKCN1IZ04I
11. IATA, 2017, Strong Airline Profitability Continues in 2018,
https://www.iata.org/pressroom/pr/Pages/2017-12-05-01.aspx
Burglary Fact Pattern
On March 31, 2017, Tina was walking past a house in her
neighborhood when she noticed that the kitchen window was
open and that a delicious-smelling pie was sitting just inside the
window.
Being hungry, Tina decided to knock on the door of the house
and ask if she could purchase the pie.
Tina walked up to the front door and knocked.
The owner, Lisa, answered and asked Tina what she wanted.
Before Tina could explain, Lisa said “come inside – it’s rather
drafty and I’m afraid I’ll catch a cold.” Tina entered and told
Lisa she wanted to purchase the pie. Lisa told her “Sorry, it’s
not for sale. Thanks for asking, though.” Lisa then showed
Tina the way out. As Tina was leaving, she thought to herself
“I am going to steal that pie – if I can just distract Lisa long
enough.”
As Tina reached the door she asked “Might I have a drink of
water before I leave?” Lisa said “Sure, help yourself to a glass
in the kitchen.” Tina went to the kitchen, intending to steal the
pie. However, she quickly realized she would never be able to
sneak it out. So Tina had a drink of water and left the house.
As soon as Tina was outside, she ran around the back of the
house and watched from the alley. When she saw Lisa go into
another room, Tina came back around, entered the unfenced
yard, walked around the side walkway past the kitchen, and
reached inside the window to grab the pie.
Just as Tina grabbed the pie, she heard Lisa returning to the
kitchen. Tina put the pie back down and quickly “ducked”
under the window so she would not be seen. After a few
minutes, Tina realized that Lisa was not going to leave the
kitchen anytime soon so she snuck off and Tina headed home.
Unfortunately for Tina, this entire episode was captured on
hidden cameras and Tina was arrested and charged with
Burglary, Theft, and Trespass.
Analyze whether Tina is guilty of any of these charges. Below
are the statutes:
Statute 13-1204: Theft: A person commits Theft when, without
lawful authority, they control the property of another with the
intent to deprive them of that property.
Statute 13-2504: Trespass: A person commits Trespass when,
without lawful authority, they enter or remain in or upon the
property of another.
Statute 13-1802: Burglary: A person commits Burglary when,
without lawful authority, they enter or remain unlawfully in or
upon a residential structure with the intent to commit a Theft or
any felony therein.
Statute 13-101(F): “Enter or remain unlawfully” means an act of
a person who enters or remains on premises when the person's
intent for so entering or remaining is not licensed, authorized or
otherwise privileged.
Statute 13-101(N): “Residential structure” means any structure,
movable or immovable, permanent or temporary, that is adapted
for both human residence and lodging whether occupied or not.
IRAC of Gareth & the Box: With Detailed Explanation in
Outline Form
This paper provides a narrative explanation of the mental and
analytical steps needed in the Discussion/Analysis portion of an
essay on the Judgment & Analytical Ability portion of the
exam. It is deliberately expanded for illustration purposes and
is not the actual format you would use. Rather, this is intended
to help you “think through” the process.
FACTS:
Gareth was wandering down an alley when came across a
refrigerator box that had been turned on its side. Earlier that
week, Gareth and a friend had been in this alley and had
observed a person sleeping in this box. Gareth also had
observed that the box contained a number of personal effects.
Gareth entered the refrigerator box to look inside and while in
the box found some unopened beer that did not belong to him.
Having decided to steal the beer, Gareth put the beer in his
backpack, exited the box, and began to leave. Gareth was
stopped by a police officer, who had been watching the whole
time. If you use a fact in your discussion you must have first
mentioned it in the “Fact” section. If you did not use a fact in
the analysis, then only include that fact if it is needed to give
the rest of the facts context or to make the fact section as a
whole more readable.
ISSUE:
The issue presented is whether Gareth committed Burglary when
he entered the box and removed the beer. Remember, you must
state the issue and this fact pattern told you to analyze the
Burglary charge.
DISCUSSION:
A person commits Burglary when they enter or remain
unlawfully, in or upon a residential structure, with the intent to
commit a theft or any felony therein. A person enters or remains
unlawfully when they enter or remain on premises when the
person's intent for so entering or remaining is not licensed,
authorized or otherwise privileged. A residential structure
includes movable, temporary structures adapted for both human
residence and lodging, whether occupied or not. A person
commits Theft when, without lawful authority, they control the
property of another with the intent to deprive that person of the
property. What we’ve just done is provided all of the “rule” –
the “R” in IRAC. For our purposes, and at this point in our
learning, we provided all of the rule up front so that you know
you have all of it. As we get more practice, we can take
individual parts of this rule and do “mini-IRACs” for each
element.
Here, Gareth entered the box and stayed in it for a short period
of time. Therefore, he entered and remained. When Gareth
entered, his intent was to “rummage around.” Gareth’s intent to
“rummage around” and steal the beer was not licensed,
authorized, or otherwise privileged. Therefore, Gareth entered
and remained unlawfully. While Gareth remained in the box, he
placed the beer in his backpack, thereby controlling it. He left
the box with the intent to steal the beer, which did not belong to
him. Therefore, Gareth committed theft and did so while in the
box without lawful authority. The final question is whether the
box qualifies as a “residential structure.” Consider the broad
definition given to “residential structure” in the rules/statutes
that accompanied the fact pattern. Given that definition a
cardboard box can in fact be a “residential structure” because it
had been adapted for residence & lodging, as evidenced by the
belongings that were kept there and that someone was in fact
sleeping there.
If you want to argue that his entry into the box, or his remaining
there was authorized, you have to show facts that support it.
The best argument would be that the box did not “belong” to
anyone, that it had been abandoned. But this becomes a
difficult if not impossible argument to make because on the
exam, the only rules/laws you can consider are those given to
you. So regardless of what you know about property rights,
abandoned property, or anything else, you cannot bring that into
the analysis because you have no law on the exam to support it.
Even if we allow that the original entry was somhow lawful,
once inside, Gareth decided to steal the beer, and that act is
unlawful. Thus while in the box, Gareth is “remaining” in the
box. Gareth’s intent in remaining is not licensed, authorized, or
privileged. So at a minimum, he remained in the residential
structure unlawfully.
The original function and purpose of the box was to ship a
refrigerator. The box is moveable and temporary in nature. The
box had been adapted to a shelter, a place to keep personal
items, and a place to sleep for the homeless person. The
homeless person did in fact sleep in the box. Therefore, the box
is a residential structure.
Whether you agree with the idea of this being a “residential
structure” is not the point of the exercise. The point I want you
to take away, is that it is not the fact that this is just a
“discarded box” that governs the question. You must dig into
the definitions and look at whether we satisfy the definitions
within the context of the exam and available material. If we go
through the analysis and reach different, but reasonable
conclusions, then that’s fine. But we cannot simply assert that
something is so because we think it ought to be so.
Gareth entered the box with the intent to “rummage around”,
which is not a theft or any other type of felony. However, while
inside the box, Gareth decided to steal the beer. The beer is
property and that property did not belong to Gareth. Therefore,
the beer is the property of another. Gareth put the beer in his
backpack and exited the box. By putting the beer in his
backpack, Gareth controlled the property of another. Gareth
intended to steal the beer, as demonstrated by his putting it in
his backpack and attempting to leave. Therefore, Gareth
intended to deprive the rightful owner of the beer of that
property. Notice that the burglary statute says “enter or
remain” with the intent. You do not have to form the intent
before you enter. You can have perfectly lawful intentions
before you enter. But if, while inside, you have the intent to
commit a theft of felony, that is sufficient. When you are
inside, you are “remaining.”
CONCLUSION:
Because Gareth entered and remained unlawfully upon the
residential structure of the homeless person, and because he
intended to commit a theft while remaining in that residential
structure, Gareth can be charged with Burglary.
IRAC of Gareth & the Box: Just the IRAC
Issue:
Whether Gareth committed Burglary when he entered the box
and removed the beer.
Rule: A person commits Burglary when they enter or remain
unlawfully, in or upon a residential structure, with the intent to
commit a theft or any felony therein. A person enters or
remains unlawfully when they enter or remain on premises when
the person's intent for so entering or remaining is not licensed,
authorized or otherwise privileged. A residential structure
includes movable, temporary structures adapted for both human
residence and lodging, whether occupied or not. A person
commits theft when, without lawful authority, they control the
property of another with the intent to deprive that person of the
property.
Application/Analysis: Gareth entered the box and stayed in it
for a short period of time. Therefore, he entered and remained.
When Gareth entered, his intent was to “rummage around.”
While Gareth remained in the box, he decided to steal the beer.
Gareth’s intent to “rummage around” and steal the beer was not
licensed, authorized, or otherwise privileged. Therefore, Gareth
entered and remained unlawfully.
The original function and purpose of the box was to ship a
refrigerator. The box is moveable and temporary in nature. The
box had been adapted to a shelter, a place to keep personal
items, and a place to sleep for the homeless person. The
homeless person did in fact sleep in the box. Therefore, the box
is a residential structure.
Gareth entered the box with the intent to “rummage around”,
which is not a theft or any other type of felony. However, while
inside the box, Gareth decided to steal the beer. The beer is
property and that property did not belong to Gareth. Therefore,
the beer is the property of another. Gareth put the beer in his
backpack and exited the box. By putting the beer in his
backpack, Gareth controlled the property of another. Gareth
intended to steal the beer, as demonstrated by his putting it in
his backpack and attempting to leave. Therefore, Gareth
intended to deprive the rightful owner of the beer of that
property.
Conclusion: Because Gareth entered and remained unlawfully
upon the residential structure of the homeless person, and
because he intended to commit a theft while remaining in that
residential structure, Gareth can be charged with Burglary.
IRAC Analysis of Gareth & the Box in Memo Form
TO:
Supervising Attorney
From:
Paralegal
Date:
December 1, 2012
RE:
Burglary Charges
FACTS
Gareth was wandering down an alley when came across a
refrigerator box that had been turned on its side. Earlier that
week, Gareth and a friend had been in this alley and had
observed a person sleeping in this box. Gareth also had
observed that the box contained a number of personal effects.
Gareth entered the refrigerator box to look inside and while in
the box found some unopened beer that did not belong to him.
Having decided to steal the beer, Gareth put the beer in his
backpack, exited the box, and began to leave. Gareth was
stopped by a police officer, who had been watching the whole
time.
ISSUE
The issue presented is whether Gareth committed Burglary when
he entered a box that did not belong to him and removed beer
that did not belong to him.
DISCUSSION
In Arizona, a person commits Burglary when they enter or
remain unlawfully, in or upon a residential structure, with the
intent to commit a theft or any felony therein. Statute 13-1204.
A person “enters or remains unlawfully” when they enter or
remain on premises when the person's intent for so entering or
remaining is not licensed, authorized or otherwise privileged.
Statute 13-101(F). A “residential structure” includes any
structure, as defined above, that is movable, temporary and
adapted for both human residence and lodging, whether
occupied or not. Statute 13-101(N). A person commits Theft
when, without lawful authority, they control the property of
another with the intent to deprive that person of the property.
Statute 13-1504.
Here, Gareth entered the box and stayed in it for a short period
of time. Therefore, he entered and remained. When Gareth
first entered, his intent was to “rummage around.” While
Gareth remained in the box, he decided to remove the beer.
Gareth’s intent to “rummage around” and steal the beer was not
licensed, authorized, or otherwise privileged. Therefore, Gareth
entered and remained unlawfully.
The original function and purpose of the box was to ship a
refrigerator. The box had been adapted to a shelter, a place to
keep personal items, and a place to sleep for the homeless
person. The homeless person did in fact sleep in the box.
Therefore, because the box had been adapted for a residence and
lodging, the box is a residential structure.
Gareth entered this residential with the intent to “rummage
around”, which is not a theft or any other type of felony.
However, while inside the box, Gareth decided to steal the beer.
The beer is property and that property did not belong to Gareth.
Therefore, the beer is the property of another. Gareth put the
beer in his backpack and exited the box. By putting the beer in
his backpack, Gareth controlled the property of another.
Furthermore, Gareth intended to steal the beer, as demonstrated
by his putting it in his backpack and attempting to leave.
Therefore, Gareth controlled the property of another with the
intent to deprive that other person of that property, which
constitutes Theft.
CONCLUSION
Because Gareth entered and remained unlawfully upon a
residential structure, and because Gareth intended to commit a
theft while remaining in that residential structure, Gareth can be
charged with Burglary.

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Final Report on Airline Industry Analysis

  • 1. 1 To: (Reference generic “Supervising Attorney” or name of attorney in fact pattern) From: Paralegal (Do not use your real name on the exam) Date: RE: (Descriptive short title) FACTS: In this section, you are going to state the facts of the case. You will base this section on the facts from the memo sent to you by the supervising attorney. If you can find a way to make those facts even more concise that is even better. Remember, this section is only for stating “what happened.” ISSUES: In this section, you state the legal issues. Start with a simple introduction to this section stating that there are “X” number of issues. An example of an opening sentence would be something like this: “The information provided gives rise to three issues, as outlined below.” 1) Did Lockes commit Trespass? 2) Did Lockes commit Theft? 3) Did Lockes commit Criminal Damage? Keep the issue statements simple. For purposes of this exam,
  • 2. state the issue as shown and do not include factual links. For example, “Did Lockes commit Trespass?” and not “Did Lockes commit Trespass when she walked upon the land belonging to Jim.” The underlined portion contains facts. Do not link back to the facts when stating the issues here. Always number your issue statements. DISCUSSION: Introduce the section with a simple statement such as “The issues presented are analyzed below using the provided law.” After introducing the section, use subheadings to further structure this section. Use one subheading for each crime. For example: Trespass: In this subsection you will perform an I.R.A.C. analysis of the first issue. Start by introducing the Issue. For example, you could start by saying “The first issue is whether Lockes committed trespass.” The preceding example is a simple but effective way to concisely introduce the issue. Next, state the Rule for trespass. Do this by paraphrasing the Trespass statute. Do not include every piece of the statute, only the part that applies in this situation. Next, do your Analysis by explaining in one or two sentences what facts from your fact section above satisfy the requirements of the statute. Finally, state what you can conclude from your analysis of this first issue. Theft: Repeat the same structure for this issue as you used for Trespass.
  • 3. Criminal Damage: Repeat the same structure for this issue as you used for Trespass and Theft. CONCLUSION: In this last section you will restate, concisely, the conclusions from your analysis above, addressing each of the issues. These are answers to the questions you asked in your issue statements. Use the format below, with numbered sentences/short paragraphs corresponding to each issue. In this section you do include the factual link to the issue. For example, “Lockes did commit Trespass when she walked upon the land belonging to Jim.” The underlined portion contains facts. In this conclusion section, you do include those because you are tying things up. You have an answer to the question asked and a summary of the reason for the answer. The full explanation of that reason you have already given in the Discussion section. Here, in the Conclusion, you are simply summarizing your findings. 1) Lockes did commit Trespass when . . . 2) Lockes did commit Theft when . . ., without permission or authority, she . . . by eating it, thereby showing . . . 3) Lockes did not commit Criminal Damage when she . . . because . . . 1
  • 4. Assignment 2: Final Report Example Paper Strayer University ECO100 Dr. Jean Fonkoua September 8, 2018 Robert DeVos Robert DeVos Robert DeVos Robert DeVos Robert DeVos
  • 5. Robert DeVos 2 Final Report: Airline Industry Introduction The US airline industry is on a winning streak following seventeen consecutive productive quarters. Even with its most significant operational costs, labor, and fuel spikes, persistent demand on increasing capacity, the airline industry remains in the black. This paper will focus on critical areas such as the assessment of favorable growth rates up through 2036, government taxation and its impact and trends on the airline industries. All signs point to growing demand for global connectivity. Alexandre de Juniac, Director General, and CEO of the International Air Transport Association (IATA) said, “The world needs to prepare for a doubling of passengers in the next 20 years. It is also a huge challenge for governments and industry to ensure we can successfully meet this essential
  • 6. demand” (1). Size and Growth Rate Assessment The IATA, in its latest press release, updates that the airline industry is expected to see roughly 7.8 billion air travelers in 2036, almost double the 4 billion air passengers anticipated to fly this year. This latest update comes from the most recent release of the IATA's 20-Year Air Passenger Forecast, base prediction on a 3.6% average Compound Annual Growth Rate (CAGR) (2). Global air travel is expected to sustain favorable growth rates up to 2030, notwithstanding hurdles faced within the industry. High jet fuel prices and slow economic growth worldwide caused strains within the industry. Although challenging, improvements in passenger totals offset tense economic circumstances which quickly translate into an increased financial performance of the airline industry. Strong representation in passenger patronage supports an impressive GDP growth of 3.5% (the strongest since 2010). Subsequently, the global aviation
  • 7. 3 industry is predicted to reach up to 33.8 billion US dollars in profits by the close of 2018, up from barely 8.3 billion in 2011. Annual growth report shows that between "2017 and 2036, the number of airline passengers is expected to increase at a combined annual growth rate (CAGR) of 4.7 percent" (2). Key Indicator to Monitor (Inflation) and Importance and Impact to the Airline Industry In the airline industry, important macroeconomic indicators are unemployment, inflation, and the business cycle. An important indicator, inflation, influences both the business cycle and unemployment rates, and so it must be monitored closely by the airline industry. For example, the airline industry earnings are reduced at a startling pace due to inflation. Decreased profits affect the economic position of the airline industry, which in turn produces a weak employment environment. Moreover, there is an interchangeable correlation between inflation rates and the rate of unemployment. This relationship includes trade-offs
  • 8. whereas a given high rate of inflation lowers the rate of unemployment to reduce inflation, price regarding a higher percentage of unemployment must be borne (3). Inflation increases the price of goods and services and decreases the purchasing power of customers. Also, increases to products and services generate higher fuel costs resulting in steep ticket prices and sometimes canceled routes to lower costs for the airlines. Furthermore, inflated fuel prices subsequently increase the overall costs and significantly decreases the demand in the airline industry (IATA, 4). Since 1996 the inflation-adjusted price of air travel to consumers has reduced by half. The IATA reports that "International tourists traveling by air are expected to spend more than $750 billion in 2018, a rise of 15% in just over 2 years" (4). Furthermore, financial instability within the industry reduces the ability to hire new employees, thus creates an 4
  • 9. increase in unemployment rates, which in turns is passed on by influencing the quality of the services given to its patrons, which also contributes to lower demand for goods and services. Moreover, variations in the interest and employment rates further correlate to the airlines business cycle (or economic cycle). A business cycle is a sequence of various periods of economic growth and a declining period, or, "the transition of the economy from peak to trough and trough to peak" (5). Inflation will force the airline industry towards economic decay, and it will create financial uncertainty in the industry. The airline industry has a long-term business cycle, which produces low earnings and yields to its stockholders. In the development and growth cycles of business, both the production and hiring boom until the full employment of resources and production reach their peak Inflation – Recent Trends Within the Airline Industry Profits within the global airline industry will drop in 2018 as fuel, labor and interest rates increase. In December, the IATA flagged higher than average spending on labor and fuel, which
  • 10. make up more than half of the operating expenses within the airline industry. Within the last few months, the IATA then lowered its profit prediction for 2018 by 12 percent to $33.8 billion, down from its December forecast of $38.4 billion (6). Moreover, airline jet fuel costs are estimated to increase to as much as $84 a barrel in 2018, while the IATA's December estimates were based on a per barrel price of $70 (7). Furthermore, on April 26, Douglas Parker, CEO of American Airlines, noted that oil prices have spiked to 60% from last summer, a significant increase over a short period (8). 5 Meanwhile, the U.S. Bureau of Labor Statistics reports the cost of an airline ticket in 2018 is 10.01% higher versus that of 2000, which is a $10.01 disparity in value (9). Between 2000 and 2018, airline ticket pricing experienced a median rate of inflation of .53 percent per
  • 11. year. Put differently, a $100 ticket in 2000 would now cost $110.01 in 2018 (9). In fact, in June, IATA's Director General and CEO, Alexandre de Juniac, on concerns of increased fuel costs, declared the inevitable, airlines would have to pass some of the fuel burdens onto its passengers (10). As fuel costs increase, the airline’s objectives are still all about their revenues. As seen in the chart above, the Q2 2017 to Q2 2018 income statement for United Airlines show us the impact to net income and the airline's ability to increase the ticket revenue beyond the increased fuel costs. Conclusion In conclusion, we consider inflation a well-known economic indicator within the airline industry, as well as other signs arising as crucial for understanding the actual market demand. While GDP remains as an essential driver for the airline industry, its relationship to aviation’s 6
  • 12. growth has evolved, this is apparent at a global level, though induced by actions at a locally geographical level. Moreover, inflation is not the only factor that motivates airline growth, elements such as private consumption, international trade, tourism, crude oil prices, airline profits and increase in productivity all contribute to the economic factors (11). The result provides a unique viewpoint on the strategies of the global airline industry, considering fuel costs, which have significantly increased for all airlines. The federal government in its quest to continue its full potential of progression has implemented global standards on security, taxation, and global regulations to build cost-efficient infrastructure and house increasing demand to the detriment of the airline industry. 7
  • 13. Sources 1. IATA, 2017, 2036 Forecast Reveals Air Passengers Will Nearly Double to 7.8 Billion, https://www.iata.org/pressroom/pr/Pages/2017-10-24-01.aspx 2. Statista, 2018, Annual growth in global air traffic passenger demand from 2005 to 2018, https://www.statista.com/statistics/193533/growth-of-global-air- traffic-passenger- demand/ 3. OpenStax, 2015, The Phillips Curve. OpenStax CNX. http://cnx.org/contents/06001366- [email protected], 2018, A Journey Through American Transportation 1776-2016, https://transportation.gov/50/timeline/accessible 4. IATA, 2018, Air Passenger Market Analysis – April 2018, https://iata.org/publications/economics/Reports/pax-monthly- analysis/passenger-analysis- apr-2018.pdf 5. OpenStax, 2017, Tracking Real GDP over Time, OpenStax CNX, http://cnx.org/contents/[email protected] 6. IATA, 2018, Economic Performance Of The Airline Industry, https://www.iata.org/publications/economics/Reports/Industry- Econ-Performance/IATA-
  • 14. Economic-Performance-of-the-Industry-mid-year-2018-report- final-v1.pdf 7. David Reid, 2018, Airline profits to slump in 2018, industry body says, https://www.cnbc.com/2018/06/04/iata-forecasts-airline-profit- fall-in-2018.html 8. Dough Cameron & Bradley Olson, 2018, Companies Feel the Impact of Rising Oil Prices, https://www.wsj.com/articles/companies-feel-the- impact-of-rising-oil-prices- 1524786472 9. BLS, 2018, Bureau of Labor Statistics- Consumer Price Index-Airline Fares, https://www.bls.gov/cpi/factsheets/airline-fares.htm 10. Tim Hepher and Victoria Brown, 2018, Global Airlines Issue Warning Over Trade Tensions, https://www.reuters.com/article/us-airlines- iata/global-airlines-issue-warning- over-trade-tensions-idUSKCN1IZ04I 11. IATA, 2017, Strong Airline Profitability Continues in 2018, https://www.iata.org/pressroom/pr/Pages/2017-12-05-01.aspx
  • 15. Burglary Fact Pattern On March 31, 2017, Tina was walking past a house in her neighborhood when she noticed that the kitchen window was open and that a delicious-smelling pie was sitting just inside the window. Being hungry, Tina decided to knock on the door of the house and ask if she could purchase the pie. Tina walked up to the front door and knocked. The owner, Lisa, answered and asked Tina what she wanted. Before Tina could explain, Lisa said “come inside – it’s rather drafty and I’m afraid I’ll catch a cold.” Tina entered and told Lisa she wanted to purchase the pie. Lisa told her “Sorry, it’s not for sale. Thanks for asking, though.” Lisa then showed Tina the way out. As Tina was leaving, she thought to herself “I am going to steal that pie – if I can just distract Lisa long enough.” As Tina reached the door she asked “Might I have a drink of water before I leave?” Lisa said “Sure, help yourself to a glass in the kitchen.” Tina went to the kitchen, intending to steal the pie. However, she quickly realized she would never be able to sneak it out. So Tina had a drink of water and left the house. As soon as Tina was outside, she ran around the back of the house and watched from the alley. When she saw Lisa go into another room, Tina came back around, entered the unfenced yard, walked around the side walkway past the kitchen, and reached inside the window to grab the pie. Just as Tina grabbed the pie, she heard Lisa returning to the
  • 16. kitchen. Tina put the pie back down and quickly “ducked” under the window so she would not be seen. After a few minutes, Tina realized that Lisa was not going to leave the kitchen anytime soon so she snuck off and Tina headed home. Unfortunately for Tina, this entire episode was captured on hidden cameras and Tina was arrested and charged with Burglary, Theft, and Trespass. Analyze whether Tina is guilty of any of these charges. Below are the statutes: Statute 13-1204: Theft: A person commits Theft when, without lawful authority, they control the property of another with the intent to deprive them of that property. Statute 13-2504: Trespass: A person commits Trespass when, without lawful authority, they enter or remain in or upon the property of another. Statute 13-1802: Burglary: A person commits Burglary when, without lawful authority, they enter or remain unlawfully in or upon a residential structure with the intent to commit a Theft or any felony therein. Statute 13-101(F): “Enter or remain unlawfully” means an act of a person who enters or remains on premises when the person's intent for so entering or remaining is not licensed, authorized or otherwise privileged. Statute 13-101(N): “Residential structure” means any structure, movable or immovable, permanent or temporary, that is adapted for both human residence and lodging whether occupied or not. IRAC of Gareth & the Box: With Detailed Explanation in Outline Form This paper provides a narrative explanation of the mental and
  • 17. analytical steps needed in the Discussion/Analysis portion of an essay on the Judgment & Analytical Ability portion of the exam. It is deliberately expanded for illustration purposes and is not the actual format you would use. Rather, this is intended to help you “think through” the process. FACTS: Gareth was wandering down an alley when came across a refrigerator box that had been turned on its side. Earlier that week, Gareth and a friend had been in this alley and had observed a person sleeping in this box. Gareth also had observed that the box contained a number of personal effects. Gareth entered the refrigerator box to look inside and while in the box found some unopened beer that did not belong to him. Having decided to steal the beer, Gareth put the beer in his backpack, exited the box, and began to leave. Gareth was stopped by a police officer, who had been watching the whole time. If you use a fact in your discussion you must have first mentioned it in the “Fact” section. If you did not use a fact in the analysis, then only include that fact if it is needed to give the rest of the facts context or to make the fact section as a whole more readable. ISSUE: The issue presented is whether Gareth committed Burglary when he entered the box and removed the beer. Remember, you must state the issue and this fact pattern told you to analyze the Burglary charge. DISCUSSION: A person commits Burglary when they enter or remain unlawfully, in or upon a residential structure, with the intent to commit a theft or any felony therein. A person enters or remains unlawfully when they enter or remain on premises when the person's intent for so entering or remaining is not licensed, authorized or otherwise privileged. A residential structure includes movable, temporary structures adapted for both human
  • 18. residence and lodging, whether occupied or not. A person commits Theft when, without lawful authority, they control the property of another with the intent to deprive that person of the property. What we’ve just done is provided all of the “rule” – the “R” in IRAC. For our purposes, and at this point in our learning, we provided all of the rule up front so that you know you have all of it. As we get more practice, we can take individual parts of this rule and do “mini-IRACs” for each element. Here, Gareth entered the box and stayed in it for a short period of time. Therefore, he entered and remained. When Gareth entered, his intent was to “rummage around.” Gareth’s intent to “rummage around” and steal the beer was not licensed, authorized, or otherwise privileged. Therefore, Gareth entered and remained unlawfully. While Gareth remained in the box, he placed the beer in his backpack, thereby controlling it. He left the box with the intent to steal the beer, which did not belong to him. Therefore, Gareth committed theft and did so while in the box without lawful authority. The final question is whether the box qualifies as a “residential structure.” Consider the broad definition given to “residential structure” in the rules/statutes that accompanied the fact pattern. Given that definition a cardboard box can in fact be a “residential structure” because it had been adapted for residence & lodging, as evidenced by the belongings that were kept there and that someone was in fact sleeping there. If you want to argue that his entry into the box, or his remaining there was authorized, you have to show facts that support it. The best argument would be that the box did not “belong” to anyone, that it had been abandoned. But this becomes a difficult if not impossible argument to make because on the exam, the only rules/laws you can consider are those given to you. So regardless of what you know about property rights, abandoned property, or anything else, you cannot bring that into the analysis because you have no law on the exam to support it. Even if we allow that the original entry was somhow lawful,
  • 19. once inside, Gareth decided to steal the beer, and that act is unlawful. Thus while in the box, Gareth is “remaining” in the box. Gareth’s intent in remaining is not licensed, authorized, or privileged. So at a minimum, he remained in the residential structure unlawfully. The original function and purpose of the box was to ship a refrigerator. The box is moveable and temporary in nature. The box had been adapted to a shelter, a place to keep personal items, and a place to sleep for the homeless person. The homeless person did in fact sleep in the box. Therefore, the box is a residential structure. Whether you agree with the idea of this being a “residential structure” is not the point of the exercise. The point I want you to take away, is that it is not the fact that this is just a “discarded box” that governs the question. You must dig into the definitions and look at whether we satisfy the definitions within the context of the exam and available material. If we go through the analysis and reach different, but reasonable conclusions, then that’s fine. But we cannot simply assert that something is so because we think it ought to be so. Gareth entered the box with the intent to “rummage around”, which is not a theft or any other type of felony. However, while inside the box, Gareth decided to steal the beer. The beer is property and that property did not belong to Gareth. Therefore, the beer is the property of another. Gareth put the beer in his backpack and exited the box. By putting the beer in his backpack, Gareth controlled the property of another. Gareth intended to steal the beer, as demonstrated by his putting it in his backpack and attempting to leave. Therefore, Gareth intended to deprive the rightful owner of the beer of that property. Notice that the burglary statute says “enter or remain” with the intent. You do not have to form the intent before you enter. You can have perfectly lawful intentions before you enter. But if, while inside, you have the intent to commit a theft of felony, that is sufficient. When you are inside, you are “remaining.”
  • 20. CONCLUSION: Because Gareth entered and remained unlawfully upon the residential structure of the homeless person, and because he intended to commit a theft while remaining in that residential structure, Gareth can be charged with Burglary. IRAC of Gareth & the Box: Just the IRAC Issue: Whether Gareth committed Burglary when he entered the box and removed the beer. Rule: A person commits Burglary when they enter or remain unlawfully, in or upon a residential structure, with the intent to commit a theft or any felony therein. A person enters or remains unlawfully when they enter or remain on premises when the person's intent for so entering or remaining is not licensed, authorized or otherwise privileged. A residential structure includes movable, temporary structures adapted for both human residence and lodging, whether occupied or not. A person commits theft when, without lawful authority, they control the property of another with the intent to deprive that person of the property. Application/Analysis: Gareth entered the box and stayed in it for a short period of time. Therefore, he entered and remained. When Gareth entered, his intent was to “rummage around.” While Gareth remained in the box, he decided to steal the beer. Gareth’s intent to “rummage around” and steal the beer was not licensed, authorized, or otherwise privileged. Therefore, Gareth entered and remained unlawfully. The original function and purpose of the box was to ship a refrigerator. The box is moveable and temporary in nature. The box had been adapted to a shelter, a place to keep personal items, and a place to sleep for the homeless person. The homeless person did in fact sleep in the box. Therefore, the box is a residential structure. Gareth entered the box with the intent to “rummage around”,
  • 21. which is not a theft or any other type of felony. However, while inside the box, Gareth decided to steal the beer. The beer is property and that property did not belong to Gareth. Therefore, the beer is the property of another. Gareth put the beer in his backpack and exited the box. By putting the beer in his backpack, Gareth controlled the property of another. Gareth intended to steal the beer, as demonstrated by his putting it in his backpack and attempting to leave. Therefore, Gareth intended to deprive the rightful owner of the beer of that property. Conclusion: Because Gareth entered and remained unlawfully upon the residential structure of the homeless person, and because he intended to commit a theft while remaining in that residential structure, Gareth can be charged with Burglary. IRAC Analysis of Gareth & the Box in Memo Form TO: Supervising Attorney From: Paralegal Date: December 1, 2012 RE: Burglary Charges FACTS Gareth was wandering down an alley when came across a refrigerator box that had been turned on its side. Earlier that week, Gareth and a friend had been in this alley and had observed a person sleeping in this box. Gareth also had observed that the box contained a number of personal effects. Gareth entered the refrigerator box to look inside and while in the box found some unopened beer that did not belong to him. Having decided to steal the beer, Gareth put the beer in his
  • 22. backpack, exited the box, and began to leave. Gareth was stopped by a police officer, who had been watching the whole time. ISSUE The issue presented is whether Gareth committed Burglary when he entered a box that did not belong to him and removed beer that did not belong to him. DISCUSSION In Arizona, a person commits Burglary when they enter or remain unlawfully, in or upon a residential structure, with the intent to commit a theft or any felony therein. Statute 13-1204. A person “enters or remains unlawfully” when they enter or remain on premises when the person's intent for so entering or remaining is not licensed, authorized or otherwise privileged. Statute 13-101(F). A “residential structure” includes any structure, as defined above, that is movable, temporary and adapted for both human residence and lodging, whether occupied or not. Statute 13-101(N). A person commits Theft when, without lawful authority, they control the property of another with the intent to deprive that person of the property. Statute 13-1504. Here, Gareth entered the box and stayed in it for a short period of time. Therefore, he entered and remained. When Gareth first entered, his intent was to “rummage around.” While Gareth remained in the box, he decided to remove the beer. Gareth’s intent to “rummage around” and steal the beer was not licensed, authorized, or otherwise privileged. Therefore, Gareth entered and remained unlawfully. The original function and purpose of the box was to ship a refrigerator. The box had been adapted to a shelter, a place to keep personal items, and a place to sleep for the homeless person. The homeless person did in fact sleep in the box. Therefore, because the box had been adapted for a residence and lodging, the box is a residential structure.
  • 23. Gareth entered this residential with the intent to “rummage around”, which is not a theft or any other type of felony. However, while inside the box, Gareth decided to steal the beer. The beer is property and that property did not belong to Gareth. Therefore, the beer is the property of another. Gareth put the beer in his backpack and exited the box. By putting the beer in his backpack, Gareth controlled the property of another. Furthermore, Gareth intended to steal the beer, as demonstrated by his putting it in his backpack and attempting to leave. Therefore, Gareth controlled the property of another with the intent to deprive that other person of that property, which constitutes Theft. CONCLUSION Because Gareth entered and remained unlawfully upon a residential structure, and because Gareth intended to commit a theft while remaining in that residential structure, Gareth can be charged with Burglary.