Premium Essay

Irac Assignment 1

In:

Submitted By tracyaigner1
Words 1067
Pages 5
1. Case Name, Citation, and Court Walmart Stores Inc, v. Samara Brothers, Inc 529 U.S. 205, 120 S Ct. 1399, 146 L. Ed. 2d 182, Web 2000 U.S. Lexis 2197(2000) Supreme Court of the United States
2. Key Facts A. Samara Brothers, Inc designed and manufactured children’s clothing. B. Samara sold the clothing line to retailers. C. Retailers sold the Samara line of clothing to Walmart Stores, Inc. D. Walmart is a large chain who operates budget warehouse stores. E. Walmart contacted Judy-Phillipine, Inc (JPI) to make a line of clothing for children. F. Walmart sent photos of the Samara’s line of clothing to JPI. G. JPI reproduced the clothing in the photos. H. Walmart then sold the line of clothing from JPI, in its stores for over $1.15 million dollars. I. Samara found out Walmart was selling the knock off line and sent a cease-and-desist letter to Walmart. J. Samara sent cease-and-desist letters to Judy-Philippine, Kmart, Caldor, Hills, and Goody's for copyright infringement under federal law, consumer fraud and unfair competition under New York law, and—most relevant for our purposes— infringement of unregistered trade dress under § 43(a) of the Lanham Act, 15 U. S. C. § 1125(a). (Law, 2013) (Circuit, 1998) H. All defendants except Walmart settled before trail K. Walmart did not respond to the cease-and-desist letter. L. Samara Brothers, Inc sued Walmart Stores, Inc for stealing trade dress under §43(a) of the Lanham Act. M. On the outset of the case there was not a clear regard to the distinctiveness of the “secondary meaning”. (Law, 2013) N. The first issue is whether the garments are “inherently

Similar Documents

Premium Essay

Syllabus

...students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents (both located on your student website): • Academic Policies University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the modality in which you attend class. If you have recently changed modalities, read the policies governing your current class modality. Get Ready for Class • Familiarize yourself with the textbook used in this course. Course Materials All electronic materials are available on your student website. Week1 Legal Forms of Business and Alternative Dispute Resolution Tasks • Review the Week 1 Study Guide. • Review the Knowledge Check Faculty and Student Guide. Oct, 14 - Oct, 20 Objectives/Competencies 1.1 Differentiate among the legal forms of business. 1.2 Differentiate among nonjudicial methods of alternative dispute resolution. Required Learning Activities • Business Law, Ch. 3 • Business Law, Ch. 34 • Business Law, Ch. 35 • Business Law, Ch. 36 • Business Law, Ch. 39 • Business Law, Ch. 40 • Week One Electronic Reserve...

Words: 2154 - Pages: 9

Free Essay

Mcclain V. Octagon

...IRAC Briefing Content IRAC--BRIEFING CASES For this course, use the IRAC method of briefing for your weekly assignments and for your group assignments. IRAC is: I: ISSUE: What is the question the court (or you in the weekly assignments) must decide? Sometimes there may be more than one issue. 2: RULE: What is the law that the court cites to decide the case? In your individual weekly assignments (not the group assignment) you must cite a page number in your text and the rule you are citing to answer the chapter question. 3: APPLICATION: This is the application of the rule to the facts in the case. 4: CONCLUSION: What does the court actually decide? For example, does the court rule in favor of the party that filed the suit, or the defending party? In the chapter questions, you must decide who prevails. Example: Read the Singer v. Raemisch case, Exhibit 1-6, pages 23-25 in your textbook. Here is how that case might be briefed using the IRAC method. Issue: Can a prison, consistent with the First Amendment, restrict inmates’ speech, when that restriction is reasonably viewed as promoting prison security? Rule: Prison regulations that restrict inmates' constitutional rights are nevertheless valid if they are reasonably related to legitimate penological interests. Page 24. [Notice this is a general statement taken from case law or statutory law, and which would apply to any case that has similar facts.] Application: The D& D ban “bears a rational relationship” to those...

Words: 396 - Pages: 2

Premium Essay

Law 531 Week 5

...You have no more than 1,500 words to provide substantive answers to the following questions: 1) A black firefighter alleges that each time he is transferred from one fire station to another, he must take his bed with him, on orders of the fire chief. The chief defends on the basis that it is a legitimate decision, because white firefighters would not want to sleep in the same bed in which a black firefighter slept. Is this illegal under Title VII? Explain your answer. (This was a real case from Georgia). 2) An Employer had only one promotion to give, but he was torn between giving it to the single female and the male employee, who had a family. The employer thought the male employee most needed the job and could best use the money. He finally decided to give the promotion to the male and told the female he gave it to the male because he was a “family man and needed the money.” If the female employee sues, will she win? (This is also a real case.) 3) A female employee has an operation on her breast and when she returns to work, a male employee “jokingly” asks to see the scar. Is this actionable sexual harassment? (This is also a real case). Dillion v. Jogbra Research the Dillon v. Jogbra case decided in Vermont. Your paper should be between 1,000 and 1,500 words. Discuss the findings with your group. Prepare a Case brief: The case brief must be in IRAC Forumla and clearly define the issue, the rule of law used to decide the outcome, provide a analysis...

Words: 410 - Pages: 2

Premium Essay

Concord Essay

...MODULE 7 MODEL ANSWER Evaluation Approach To learn the most from your experience of writing this essay, with an eye towards improving both your essay-writing skills as well as your knowledge of the relevant substantive law, please compare your essay to the model answer provided below using the following approach: (1) Score: Find the score the essay received in the grading rubric (below), and note the description of why an essay would receive that score. The score tells you in general terms how the way the essay was written correlates to the expectations for the assignment (note that when taken by themselves, some parts of the essay might by themselves be of higher or lower quality, the score the essay received is the overall score for the essay taken as a whole). Grading Rubric Score 50 55 60 65 70 75 Description Essay identifies subject area and makes some attempt at answering the question. Essay spots at least one major issue but is mostly conclusory. Essay spots several main issues and attempts to answer the question. Essay weaves some of the facts in with the main issues, but falls short of identifying all major issues or misses some important facts. Essay sees almost all major issues and does an adequate job of weaving in important facts. Essay is generally well-written in addition to identifying all major issues and weaving in facts. (2) Issue-Spotting: Next, compare the essay to the model answer, to make certain that it spotted all of...

Words: 2898 - Pages: 12

Free Essay

Business and Economics

...consider purchasing the eBook at the Titan Bookstore. Also, I will provide links to PowerPoint presentations and other select added course materials on the course website. Course Mechanics and Procedures Open-Door Policy. My policy has always been “open-door.” Therefore, you should not hesitate to contact me in person or by e-mail1 or telephone. Reading. We will cover many chapters from the text during the semester. Course readings will include chapters from the text plus the assigned cases cited below. Bring your text to all class sessions since we will refer to it frequently. 1 Please be advised that e-mails may contain confidential information such as grades. Therefore, consider whether other people (e.g., family members or employers) have access to your e-mail address before transmitting or requesting confidential information in an e-mail. Mgmt 346—Syllabus—Spring 2016 1 Teaching Methods and Typical Class Sessions. The teaching methods will be lecture...

Words: 3880 - Pages: 16

Premium Essay

Business Law

...A Guide to Writing Answers to the Assignment Questions Introduction Students may be concerned that writing and referencing a law academic paper is ‘different’ to other types of academic papers. This is not correct except that perhaps the level of analysis required may be greater and more reliance on primary sources (e.g. precedent cases and legislation) and secondary sources (textbooks, articles) may be required. But the basic fundamentals are still the same: a well-structured piece of work that leads the reader through a discussion of a particular problem or issue. There should be an introduction, a body and a conclusion. Inevitably, either you will be required to put up arguments for hypothetical parties dealing with a hypothetical business problem or you may be asked for your view about a particular legal issue. It is essential that you base your arguments and views on legal principles and cases and thus reliance on what others have written is necessary. This guide attempts to provide you with some assistance in writing and referencing law academic papers. Some basic resource materials are also noted. [NB: This guide is a starting point only.] There are two types of Law Academic Papers Students who take the Business Law Major will inevitably be expected, at some stage, to answer at least two different styles of legal questions: legal case studies and essays. Legal case studies These are questions based on a set of hypothetical facts. The purpose...

Words: 1487 - Pages: 6

Premium Essay

Law 531 Week 3 Assignments

...LAW 531 WEEK 3 ASSIGNMENTS A+ Graded Tutorial Available At: http://hwsoloutions.com/?product=law-531-week-3-assignments Visit Our website: http://hwsoloutions.com/ Product Description PRODUCT DESCRIPTION LAW 531 Week 3 Assignments Week Three IRAC Brief Case:DePuy Orthopaedics, Inc. v. Waxman. August 3, 2012. In the outlined case, DePuy is trying to sue one of their distributors Joint Venture for breach of a non-compete agreement. Under the non-compete covenant Joint Venture disclaim the rights to any of DePuy intangible assets, including intellectual property (IP), goodwill, and customer lists. DePuy claims that Joint Venture breached the non-compete agreement which caused a drop in sales and damaged their relationship with customers in the territories outlined within the agreement.Therefore, the legality of the contract enforced due to the breach of the non-compete agreement. According to Cheeseman 2013, “the section 2-201(1) statue of sales contracts of Uniform Commercial Code laws help prevent fraud like this case” (p. 171). To avoid this case by Depuy or any other companies’ managerial setting must specify agreements with language that is comprehensible by both parties in written valid contracts. Issue:Was there a breach to the contract, under that non-compete covenant between DePuy and Joint Venture? What kind of defenses do companies use to mitigate risk related to personal, real, or intellectual property (IP) issues? The main reason this case went to court...

Words: 1050 - Pages: 5

Premium Essay

Common Law Essay

...Law Introduction to Business Law Common Law Assignment Semester 2, 2014 Instructions 1. Weighting: The assignment is worth 20% of your final mark in this subject. 2. Due Date: The assignment is due and must be submitted latest by 4:00 pm on Monday, 15 September, 2014. 3. Questions: You must answer all questions. 4. Type: This is a common law problem-solving assignment, and as such, you are not required to discuss any legislation. The IRAC guide to answering problem questions is the format adopted for this assignment. It has been set out for you. You should cite relevant case authorities (cases) to support your answers. 5. Presentation: Your assignment must be typed with double spacing and wide margins. Size 12 font must be used. 6. Referencing: You must reference your work appropriately using footnotes. The Short Guide to Legal Citation available on LMS contains information on footnote citations. No bibliography is required. 7. Word Limit: The word limit is 1,500 words, including footnotes. You must provide the word count on the front page of your assignment. 8. Cover Sheet/Statement of Authorship: Your assignment must be accompanied by a cover sheet available on LMS. You must complete all the details required on the cover sheet including your tutor’s name and seminar time, and your name and student number. You must sign and date the cover sheet. 9. Submission: You must submit both a hard copy and an electronic copy of your assignment: a. Electronic submission (Turnitin): You must...

Words: 1581 - Pages: 7

Premium Essay

Business Organisations

...BFA141 Commercial Transactions Semester 2 2014 Tasmanian School of Business and Economics Faculty of Business Additional Teaching Information - Tutorial Program Unit Coordinator Peter Dixon CRICOS Provider Code: 00586B Contact details Unit coordinatorand Launceston lecturer: | Peter Dixon | Campus: | Launceston | e-mail: | Peter.Dixon@utas.edu.au | Phone: | +61 3 6324 3329 | Fax: | +61 3 6324 3369 | Room number | A245 (Launceston) | | | | | Other teaching staff with offices on campus Lecturer & Tutor Tom Baxter Campus: Hobart e-mail: Tom.Baxter@utas.edu.au Phone: (03) 6226 2803 Fax: (03) 6226 7845 Room number 423 (Hobart) Tutor: John Streeter Campus: Launceston e-mail: John.Streeter@utas.edu.au Phone: (03) 6324 3061 Fax: (03) 6324 3369 Room number D110 (Launceston) Tutor: Yonna Pankiw Campus: Hobart e-mail: Yonna.Pankiw@utas.edu.au Phone: TBA Fax: (03) 6226 7845 Room number: TBA Staff will advise their consultation hours. BFA141 Commercial Transactions Assessment Rubric for Tutorial Workbook (10% of final result) Criteria | HD (High Distinction) | DN (Distinction)70-79% | CR (Credit)60-69% | PP (Pass)50-59% | NN (Fail)0-49% | | 90-100% | 80-89% | | | | | Prepare for tutorials(Weight = 45%) | Completes all set tutorial tasks before class demonstrating a commitment to preparing detailed answers | Attempts all set tutorial tasks before...

Words: 6404 - Pages: 26

Premium Essay

Leg 565 Complete Course Leg565 Complete Course

...565 Complete Course LEG565 Complete Course Click Link for the Answer: http://workbank247.com/q/leg-565-complete-course-leg565-complete-course/27213 http://workbank247.com/q/leg-565-complete-course-leg565-complete-course/27213 LEG 565 Week 1 Discussion 1 "The Purpose of Law"  Please respond to the following: * Define the “law” and analyze its functions and impact on business. * Evaluate the components that the Supreme Court should consider when overturning or re-interpreting a decision. LEG 565 Week 1 Discussion 2 "Governmental Powers and the Bill of Rights" Please respond to the following: * Differentiate among the powers of government and how they protect against control by one specific branch. * Assess two possible implications of the Bill of Rights on how business is conducted in the U.S. LEG 565 Week 1 Discussion 3 "Courts" Please respond to the following:  * Compare the jurisdiction of state courts with that of federal courts and offer one type of business case that would reside in each court. Discuss the rationale you employed in making your decision. * Propose three distinct types of decisions that are issued by the U.S. Supreme Court. Discuss the implications of these decisions to business. LEG 565 Week 2 Discussion 1 "Types of Resolution" Please respond to the following: * Differentiate among arbitration and other non-judicial methods of alternative dispute resolution. For each method, offer one type of business case that might be settled in this...

Words: 2165 - Pages: 9

Premium Essay

Tort Crimes Assignment

...TORT/CRIMES ASSIGNMENT MGMT 310 INSTRUCTIONS: Your assignment is to determine and analyze the claims and defenses for each party in the below referenced case problem and hypothetical lawsuit. IRAC/Analyze the following series of events using the information and laws contained in Chapters 5, 6, 7 and 8. Be sure to state the Name of the Rule of Law and EACH of the elements of any stated allegations/charges (i.e. strict liability, assault, battery, or negligence) or defenses (i.e. comparative fault, strict liability, foreseeability, proximate cause, innocence, 4th Amendement, etc…). Analyze the facts that support the elements of the allegation/charge or defense for each party. If you determine there are no claims and/or no defenses, please say so. As an example, I have provided a sample analysis for Ocho Cinco. You will similarly address the same for each of the other “parties” or actors in the scenario. This must be typed and turned in on or before the due date (as stated on WebCT). CASE PROBLEM: Ocho Cinco and Carmouche are employed by Dillenger’s Windows in Corrales, USA. Corrales has an ordinance in effect that states that: All loose objects over one (1) pound held, contained, used, or resting upon window washing scaffolding must be tethered (tied) to the scaffolding while being used and present on the scaffolding on floors above 5 stories. Corrales Ordinance Section 001.02.2012 Ocho Cinco and Carmouche, employees of Dillenges, are working...

Words: 2276 - Pages: 10

Premium Essay

How to Case Brief

...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...

Words: 17675 - Pages: 71

Premium Essay

Sam the Film Maker

...INTRODUCTION TO ENTERTAINMENT LAW WEEK2 6FEB14 mel@onelouder.com.au The Arts Law Centre of Australia. THE LAW What is the Law ? The law is a system of rules organising the rights, obligations and responsibilities in, or members of, a sovereign state. A cultural institution – an invention of the people. Youtube – introduction to Australian law. (shenanigans videos) Functionally, the law is a system of rules recognised and applied by the courts. The state must enforce the orders of the courts; the law exists, ultimately, only because the state will enforce it. CRIMINAL LAW. - Criminal Charges are laid by Police or the DPP CIVIL LAW - All other areas of the law that covers disputes between citizens. e.g. intellectual property, family law. THE NATURE OF LAW Theoretically why does the law exist ? To protect basic human rights: Note: Australia has no bill of rights unlike the US the UK and others. To aid in the resolution of conflicts. To promote fairness, order and stability in society. To promote desirable social and ecconomice behaviour (capitalist democracy) * concepts such as morality and justice influence the law but do not determin it. To represent the “will of the people” (through voting in referendums). ENTERTAINMENT (AND MEDIA) LAW AND LAWYERS. Record or publishing agreements related to music and other assignable licensable works under the copyright act 1968. Film production agents. Trade mark patent, or design applications...

Words: 3601 - Pages: 15

Premium Essay

It Computer Science

...Questions Chapter 1: Introduction to a New Career in Law 1.1. Eighty million lawsuits are filed every year. 1.2. The five major players in the development of paralegalism are:  National Federation of Paralegal Associations  National Association of Legal Assistants  American Bar Association  Your state bar association  Your local paralegal association 1.3. CLE is continuing legal education or training in the law, usually short term, received after one’s formal training. 1.4. Meaning of abbreviations: (a) NFPA—National Federation of Paralegal Associations (b) NALA—National Association of Legal Assistants (c) SCOP—American Bar Association Standing Committee on Paralegals (d) NALS—The Association for Legal Professionals (Note: NALS no longer says that its name stands for National Association of Legal Secretaries) (e) AAPI—American Alliance of Paralegals (f) IPMA—International Paralegal Management Association (g) ALA—Association of Legal Administrators 1.5. Web Sites: (a) NFPA: www.paralegals.org (b) NALA: www.nala.org (c) IMPA: www.paralegalmanagement.org 1.6. Certification examinations: (a) NFPA—The PACE exam. It is an advanced exam; paralegal experience is required to take it. (b) NALA—The CLA exam. It is an entry-level exam. No paralegal experience is required to take it. (Note: NALA also has an advanced examination that does require paralegal experience to take it.) 1.7. Fourteen categories of paralegal associations: (1) nationwide (e...

Words: 22519 - Pages: 91

Premium Essay

Non Performing Asset

...LOVELY PROFESSIONAL UNIVERSITY DEPARTMENT OF MANAGEMENT Report of Contemporary Issues in Management NPA’s of Bank Submitted to Lovely Professional University In partial fulfillment of the Requirements for the award of Degree of Master of Business Administration Submitted by: Suruchi Sehdev 10907783 RR1904A56 DEPARTMENT OF MANAGEMENT LOVELY PROFESSIONAL UNIVERSITY PHAGWARA EXECUTIVE SUMMARY After liberalization the Indian banking sector developed very appreciate. The RBI also nationalized good amount of commercial banks proving socio economic services to the people of the nation. The public Sector banks have shown very good performance as far as the financial operations are concerned. The total income of the public sector banks has also shown good performance since the last few years. The public sector Banks have also shown comparatively good result. The gross profits and the net profits of the Public Sector banks have been on a high from past few years. The private sector banks are also showing good results in case of profits. However, the only problem of the Scheduled Commercial Banks these days are the increasing level of the non performing assets. The Non-Performing Assets (NPAs) problem is one of the foremost and the most formidable problems that have shaken the entire banking industry in India like an earthquake. Like a canker worm, it has been eating the banking system from within, since long. It has grown like a cancer and has...

Words: 9118 - Pages: 37