...FIRAC Kaplan University PA165 Section 01 Professor Mraz October 5, 2012 The primary sources I have are a case. The secondary sources I have used are restatement of torts, American law reports. I used the search terms, vicarious liability of employers, respondeat superior, coming and going rule for vicarious liability and frolic and detour rules for vicarious liability. The search method I used was natural language, I tried Boolean too but it did not work for me because I have always used natural language and it works for me. FACTS: John Stokely is a sales executive for AAA Auto Dealers, a local automobile dealership. He often drives to the manufacturing facility, which is 150 miles from the dealership, to check on new orders. John’s employer reimburses him for gasoline, food, and lodging, and provides John with a dealer car to drive. While driving to the manufacturing plant, John decided to stop by his cousin’s house for dinner. His boss accompanied him on the visit “to get a decent meal for a change.” While on the way there, John collided with and injured a motorcyclist. Is AAA Auto Dealers liable for John’s negligence? ISSUE: Is AAA Auto Dealers vicariously liable for John’s negligence? RULE: Vicarious liability automatically imposes tort responsibility on a defendant because of his relationship with the wrongdoer. The most frequent example of vicarious liability is when employers are held liable under a theory of respondent superior for the actions of...
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...FIRAC Case Brief PA205: Introduction to Legal Analysis and Writing Angela Harbin Kaplan University Mitchell v. Lovington Good Samaritan Center, Inc., 555 P.2d 696 (N.M. 1976) FACTS: Zelma Mitchell’s employment at Lovington Good Samaritan Center, Inc. was terminated for alleged misconduct. The alleged misconduct included refusing to administer medication as part of her duties, singing while counting medication which is unethical as it is a distraction, coming to work out of uniform on more than one occasion, filling in time card without having worked the hours recorded, and the “last straw” was being combative towards other employees. ISSUE: Do the actions of Mrs. Mitchell during her employment at the Center constitute misconduct enough to disqualify her from collecting unemployment compensation? RULE: Boynton Cab Co. v. Newbeck, 237 Wis. 249, 259-60, 296 N.W. 636, 640 (1941) states “…’misconduct’… is limited to conduct evincing such willful or wanton disregard of an employer’s interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness or negligence of such degree or recurrence as to manifest equal culpability, wrongful intent or evil design or to show an intentional and substantial disregard of the employer’s interests or of the employee’s duties and obligations to his employer. On the other hand mere inefficiency, unsatisfactory conduct, failure in good performance...
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...LEGAL OPINIONS (FIRAC METHOD) REGARDING STATUTORY OFFENCES: DRUGS AND DRUG TRAFFICKING OFFENCES: FACTS: Johnny was caught in a police trap selling cannabis. ISSUE: Can Johnny be convicted of DEALING IN AN UNDESIRABLE DEPENDENCE PRODUCING SUBSTANCE? RULE OF LAW: According to section 5 of THE DRUGS AND DRUG TRAFFICKING ACT 140 OF 1992, READ WITH THE CRIMINALISATION CLAUSE (SECTION 13) AND THE PENALTY CLAUSE (SECTION 17), IT IS AN OFFENCE FOR ANY PERSON THAT DEALS IN (b) ANY DANGEROUS DEPENDENCE PRODUCING SUBSTANCE OR ANY UNDESIRABLE DEPENDENCE PRODUCING SUBSTANCE. S V ARIAS S V NAIDOO. APPLICATION: LEGALITY: Can be proven because- (a) There is a criminalisation clause (section 13); and (b) There is a penalty clause (section 17). Thus Johnny’s conduct constitutes an offence and is punishable by law. CONDUCT: Can be proven because- Johnny’s conduct by dealing in drugs is a contravention of section 5. UNLAWFULNESS: Can be proven because- (a) Johnny’s conduct of selling drugs is against the law, as it is an offence in terms of the Drugs and Drugs Trafficking Act, (b) Johnny cannot raise any common law or statutory ground of justification. FAULT: Can be proven because- (a) Johnny had the will to deal in drug; (b) While knowing or foreseeing that such dealing is prohibited by law. CONCLUSION: Johnny can be convicted of the DEALING IN AN UNDESIRABLE DEPENDENCE PRODUCING SUBSTANCE in terms of section 5(b) of the DRUGS AND...
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...Kristen Roensch Unit 3 Assignment Mitchell v. Lovington Good Samaritan Center, 555 NM P.2d 696 (1976) FACTS: Zelma M. Mitchell began her employment at the Lovington Good Samaritan Center on July 4, 1972 as a nurse’s aide. After a year, she took on more responsibilities as a relief medications nurse two days a week. On 4/2/74 she was reprimanded for wearing non uniform apparel. On 85/24/74 she was angered about a responsibility switch and made a racially motivated comment, and refused to perform her duties. On 5/15/74 she was noted as being uncooperative, unethical and time consuming. On 7/4/74 she arrived to work on time and filled out her punch card for her full 8 hour day. She was questioned by her supervisor, and when this happened, she got defensive and made some statements that were controversial, even calling some of the higher up’s names. They then each apologized to one another, and seemed to smooth things over before it blew up again and she was eventually terminated from her position. When she was fired she demanded her paycheck, and was also paid for a week of vacation and an additional week which was not required because she didn’t give the appropriate notice and leave on good terms. ISSUE: The issue is whether Mitchell’s actions constituted misconduct so as to disqualify her from unemployment compensation benefits. RULE: Under s 59-9-5(b), N.M.S.A.1953 The term “misconduct” is not defined in unemployment law for New Mexico. New Mexico adopted...
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...FIRAC- Legal Writing Students, I did a quick google search to help assist you with legal writing. We briefly touched on FIRAC and I just wanted to make sure everyone understood what I was saying. If you want to see examples, google "FIRAC" or "IRAC" for assistance. Please read: FIRAC stands for Facts, Issue, Rule, Application, Conclusion. It is one way to structure legal analysis. An effective essay (no matter the overall length) follows some form of the FIRAC structure where it is organized around each of these elements for each and every issue and subissue identified as a legal problem. FIRAC is an extremely useful tool in organizing any law related essay answer. It is not the only way to structure an answer, but it helps to make sure all bases are covered. So, until you achieve the level of mental and written fluency where you can weave together rule and fact in a seamless tapestry and transition between thoughts without loss of either the substance or your reader, you might choose to rely on some form of FIRAC to keep focused. Use FIRAC as tool for organizing your thinking and your writing. F - Facts What facts give rise to the dispute? Include the facts essential to the story such as names, dates, and acts, plus all other facts that make a difference—that is, what facts if changed might lead to a different result. I - Issue What is the disagreement implicated by the facts? Make your issue statement as specific as possible to the particular dispute. The issue...
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...Unit 3: FIRAC Magdalene Renee Farmer Kaplan University Prof. Wendi Cline PA205: Introduction to Legal Analysis and Writing October 14th, 2012 Case Brief 1: Citation: N.M. 555 P.2d 696 Facts: Ms. Mitchell was a nurse’s aide that works at Lovington Good Samaritan Center. While working at the center, Mitchell was terminated for alleged misconduct. Mitchell then filed for unemployment and was denied. Issue: With all the events that Mitchell display at Lovington Good Samaritan Center, INC results in her termination. Are Ms. Mitchell actions at her employment constitutes misconduct, under § 59-9-5(b), N.M.S.A. 1953. Rule: rule 10.9 Analysis: The term misconduct was not defined in the Unemployment Compensation Law, but Ms. Mitchell’s action display different; name calling, disobeying orders, rude and disrespect. Lead to the ruling that Ms. Mitchell did display misconduct and “last straw” would not be used and was rejected. Conclusion: The court is reversed, and the decision is up to the Commission and reinstated. Case Brief 2: Citation: N.M. 764, P.2d 1316 Facts: Ms. Rodman was a security guard at Prebytian Hospital for eight years. After being terminated, Ms. Rodman filed for unemployment just to be denied for misconduct. Issues: The incident that happened on February 15th, was consider the “Last straw”. Ms. Rodman was sent and was later terminated. Ms. Rodman conduct was to not break the rule, but to not cause a scene. Rule:...
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...Text: Miller/ Jentz, Business Law Today – The Essentials, softback -9th Ed., West,(2008). Bulletin Description: Introduction to the role of law and administrative agencies in business transactions; case studies in torts, property, contracts, sales, agency, business organizations, and employment law. Prerequisites: BIS 101, Tier I Continuing Admission to Professional Business Studies. . Methodology: Lecture, case study analysis, group in-class Assignments. . Course Objectives: This course is part of the BSBA degree program to provide students abilities to: • Demonstrate cognizant skills through case briefs and essays/reports. • Demonstrate successful, participatory team and peer performance. • Apply sound business processes to solve business problems and incorporate critical thinking skills to a series of integrated projects. • Demonstrate, through role playing and/or cases, ethical problem-solving in course content specific situations. The overall purpose of this course is to provide students with a basic understanding of the areas of law that primarily impact business transactions and organizations. Specifically, the course is designed to enable students to: • Demonstrate an understanding of the operations of the U.S. legal system. • Explain the role of administrative agencies in the regulation of business, e.g. Department of Commerce, Department of Labor, Equal Employment Opportunity...
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...Central Michigan University College of Business Administration Department of Finance and Law BUSINESS LAW – Sp 2014 BLR 235, GRAWN 203 Section # 22241532: 8:00 – 9:15 Section # 22241533: 9:30 – 10:45 Section # 22241535: 11:00 - 12:15 BE RESPECTFUL OF OTHERS – DO NOT ARRIVE LATE OR LEAVE CLASS EARLY SEE BLACKBOARD@CMICH.EDU FOR SYLLABUS AND DATA INSTRUCTOR: DR. ELIZABETH A. CAMPBELL, J.D. (campb1ea@cmich.edu) 205F Smith Hall; 774-4426 Office Hours: T/Tr 7:00-8:00; T/TR 12:15-1:45 *cell phone calls cannot be returned No electronic devices permitted in class Be respectful of others – do not arrive late or leave class early without good cause Text: Miller/ Jentz, Business Law Today – The Essentials, softback -9th Ed., West,(2008). Bulletin Description: Introduction to the role of law and administrative agencies in business transactions; case studies in torts, property, contracts, sales, agency, business organizations, and employment law. Prerequisites: BIS 101, Tier I Continuing Admission to Professional Business Studies. . Methodology: Lecture, case study analysis, group in-class Assignments. . Course Objectives: This course is part of the BSBA degree program to provide students abilities to: • Demonstrate cognizant skills through case briefs and essays/reports...
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...Cases for Analysis (Class, please use the FIRAC format for each case analysis. TIP: just use the information from the court case and summarize the “higher court’s decision” using the 5 steps, nothing else. There is no need to do any research. Thanks). ================================================================== Week Two COUGHLIN v TAILHOOK 112 F.3d 1052 (1997) United States Court of Appeals, Ninth Circuit Appeals from the United States District Court for the District of Nevada WIGGINS, Circuit Judge: During a convention at the Las Vegas Hilton, Navy Lieutenant Paula Coughlin was attacked by a group of men in a hotel hallway outside several convention-related hospitality suites. She sued several defendants, including the hotel and the organization which hosted the convention. A jury awarded her several million dollars in compensatory and punitive damages against the Las Vegas Hilton Corporation ("LVHC") and Hilton Hotels Corporation ("HHC"). LVHC and HHC (collectively,"Hilton") appeal. BACKGROUND The infamous 1991 Tailhook Convention served as the stage for the despicable event that led to this lawsuit. Hosted by the Tailhook Association ("Association"), the Tailhook Convention was an annual symposium and convention primarily directed at military aviators and held at the Las Vegas Hilton in Las Vegas, Nevada. Navy Lieutenant Paula A. Coughlin, a decorated helicopter pilot, attended the 1991 Tailhook Convention in her capacity as...
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...HOW TO BRIEF A CASE [OR–WHY DIDN’T I CHOOSE TO GO TO MEDICAL SCHOOL] By Dana L. Blatt, Esq. You are just about to start law school. You buy all of your required casebooks [they are about two feet thick–only “slightly” intimidating], and you receive your first assignment. You are simply told, “read the first 100 pages in each book and BRIEF all of the cases!” O.K., you know how to read [hopefully], but what does it mean to “brief” a case? You have heard of “briefcases,” but that is something that you carry around. The last time you sang at a karaoke bar someone may have asked you to be “brief,” but instinctively you know that that is not the kind of brief that is being discussed here. And you may even be wearing “briefs.” But, what is a brief of a case? For that matter, what is a case? The purpose of this article is to teach exactly what briefs are, why they are important, and how to draft them. You will learn most of the various ways to brief a case, the basic elements of each brief, and how briefs are used in various contexts. Additionally, you will read sample cases and briefs of those cases in every format. By the time you finish reading this, you will be so sick of briefs, that you will wish this writing were much briefer! So, now let’s get down to business. What is a case? A “case” starts out as a lawsuit between two or more people. The parties to the lawsuit have a trial and one party wins while the other loses (or possibly there is no...
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