Order ID:89JHGSJE83839 | Style:APA/MLA/Harvard/Chicago | Pages:5-10 |
Instructions:
Thomas Moore Vs Joseph Maloney
I’m working on a business law question and need an explanation and answer to help me learn.
Thomas Moore was driving an E-Z-Go golf cart to transport guests at a Christmas party. The golf cart did not have lights, but E-Z-Go did not warn against using it on public roads at night. When Moore attempted to cross a road from the club house to the parking lot at 8:30 pm., his gold cart was struck by a vehicle driven by Joseph Maloney who claimed he could not see the cart due to the dark light conditions. Moore was parallelized because of the accident and has sued E-Z-Go. Use F-IRAC to analyze the Strict Product Liability claim. In this Analysis it may be necessary to provide additional hypotheticals to help explain the application of the rules think of this in terms of how you would “tell the story.”
ISSUE: Write an issue statement which identifies the legal basis for this claim and connects it to a pinitol fact.
RULE: Based on your issue statement write the rule statement. This statement must cover the general rule, elements and defenses
ANALYSIS: Write your analysis. Remember this is a discussion of both sides of liability based on social responsibility, rules, elements and defenses as applied to facts. Following your fact summary, start your analysis with the social engineering underpinning of Escola and Greenman. Here you will either include a general rule statement or follow with a general rule statement before moving on to elements and defenses. It is important to use case authority to help explain the application of the rules, elements and defenses.
CONCLUSION: Write a conclusion which mirrors your issue statement and includes a “why statement linking conclusion to an element, defense and fact.
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Please make sure you are following these standards for your unit exams and discussions:
F-IRAC: Proper form of Facts; ISSUE: RULE: ANALYSIS: and CONCLUSION:
Facts: Provide a sufficient fact summary to give detailed analysis
ISSUE: Does it provide the legal theory, party(s) or actor(s) and connect to a fact which triggered the issue?
RULE: State the General Rule, provide elements and defenses in prose. Should not include case citations, names or facts.
ANALYSIS: Start with or present a brief introduction of the Facts and Issue. If it is a complex series of rules to apply consider using a separate paragraph to introduce the rule and elements to be covered. Compare and weave the facts of this case with the General Rule, Elements, Defenses, Prior case law and authority and present any policy issues deemed important to understanding the legal theory.
CONCLUSION: Use proper terminology of legal conclusion using a because or why statement (often a fact and an element or defense which is determinative of conclusion)
Thomas Moore Vs Joseph Maloney
RUBRIC |
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Excellent Quality 95-100%
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Introduction
45-41 points The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned. |
Literature Support 91-84 points The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned. |
Methodology 58-53 points Content is well-organized with headings for each slide and bulleted lists to group related material as needed. Use of font, color, graphics, effects, etc. to enhance readability and presentation content is excellent. Length requirements of 10 slides/pages or less is met. |
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Average Score 50-85% |
40-38 points More depth/detail for the background and significance is needed, or the research detail is not clear. No search history information is provided. |
83-76 points Review of relevant theoretical literature is evident, but there is little integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are included. Summary of information presented is included. Conclusion may not contain a biblical integration. |
52-49 points Content is somewhat organized, but no structure is apparent. The use of font, color, graphics, effects, etc. is occasionally detracting to the presentation content. Length requirements may not be met. |
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Poor Quality 0-45% |
37-1 points The background and/or significance are missing. No search history information is provided. |
75-1 points Review of relevant theoretical literature is evident, but there is no integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are not included in the summary of information presented. Conclusion does not contain a biblical integration. |
48-1 points There is no clear or logical organizational structure. No logical sequence is apparent. The use of font, color, graphics, effects etc. is often detracting to the presentation content. Length requirements may not be met |
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Thomas Moore Vs Joseph Maloney |
Thomas Moore Vs Joseph Maloney