Case Facts and Issues of the Negligence IRAC

Case Facts and Issues of the Negligence IRAC

Instructions/Descriptions

Case Facts and Issues of the Negligence IRAC

Case:

WOD Chemical Company operates a plant on the Russian River, outside of Geyserville, CA. The plant produces a sulfur compound used on wine grapes. This plant has been in operation for about 25 years and has passed all California State health and safety operation inspections. On July 5th, a fire (caused by overheating machinery using a self-made insulating devise) in the plant caused an explosion of one of its sulfur tanks resulting in massive dumping of sulfur into the nearby Russian River. In August local wine producers noticed their wine grape vines were suffering, and grapes were shriveling and dying. Local River analysis showed abnormally high levels of sulfur content and it was speculated that the sulfur either came directly from the fire-based explosion, or there was some other leak at WOD. (Some claim the plant has been dumping Sulfur waste into the river for years although the river is regularly inspected by State Agencies) The California Health Department and other government agencies in response to the recent sulfur levels, posted notices along all public access points warning the public of these sulfur levels and potential health risks from direct consumption of the water. Trywork Winery has filed suit against WOD for monetary damages.

In writing an issue statement the question should identify the general legal theory linked to a fact which gives rise to the claim. Remember you reply must address the substantive writing not the format. Suggest improvements along with an explanation of why and then offer the improvement by rewriting the issue of the post. If in fact you see no room for improvement identify the parts of it that meet the need of being a good issue statement and provide an explanation of your assessment.

[Order Now]

The rule statement must start with the general rule and provide elements and defenses. Lists are not to be used. Most likely it will take the form of 2 paragraphs. The reply must be substantive, with explanation and rewrite included.

Write an issue statement following these guidelines:

Prior to ISSUE: present a fact summary in your own words.

Constitutional Issue Statements – identify legal theory in question in its broadest terms. Freedom of speech not commercial speech – your rule statement and analysis will include those.

[Order Now]

Identify source of protection or guarantee which may have been violated.

Name actor who may have violated protection &

act leading to potential violation.

Write a Rule Statement:

Start with the General Rule Statement

Follow with elements of the general rule

Do not include facts of case, name of current or former cases

Properly label your post as ANALYSIS: or you may label your post as APPLICATION: Within this same post write your CONCLUSION: This Analysis post written in paragraph form often requiring several paragraphs. The Conclusion is a single sentence.

The first paragraph of your analysis or application is a fact summary which is written in your own words describing without prejudice the facts of this case which you will us in your analysis. Too brief of a summary will like result in your inability to offer a complete analysis.

The body of the analysis often starts with a brief statement that a party (provide the name) has challenged an action of a governmental body (name the government, state) and provide the protection sought or broken. This is immediately followed with the statement that this case requires a review of…. (Usually the relevant constitutional provisions), prior case laws and current facts.

Systematically approach the legal theory issues (rules) how they have been interpreted by prior court cases (how were those cases similar or different) and which of our facts is being being viewed in light of that rule.

For purposes of this discussion only, you must cite at least one relevant case in your analysis. Later you will be expected to use cases relevant to all issues.

The CONCLUSION: The conclusion is a single sentence which answers the question raised in the issue statement (if your issue statement did not pick up the correct issue make correction here in your conclusion) and because statement or a when statement. I.e. State violated persons right when…..

Case Facts and Issues of the Negligence IRAC

PLACE THE ORDER WITH US TODAY AND GET A PERFECT SCORE!!!