Unit 1 Personal Jurisdiction Questions Dissertation
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages
Unit 1 Personal Jurisdiction Questions Dissertation
Unit 1 Test: 2 F-IRAC Questions
Facts: Present a fact summary in your own words. This fact summary must be detailed enough for you to be reminded of all the facts you will use in your analysis.
ISSUE: Identify legal theory, parties, and pivotal fact in single sentence – If issue is related to a constitutional issue be sure to identify source. If there are multiple legal theories to be raised, try to get them into a single sentence.
RULE: Start with the general rule and follow with elements or defenses – often elements or defenses are based in common law, but remember do not mention those cases by name in the rule.
ANALYSIS: Start the Analysis with an introductory fact summary This does not have to be as detailed as the Face summary presented at the beginning of F-IRAC. This introductory statement leads into the presentation of the general rule, its application to the facts and then each subsequent element, defense or exception to the general rule is presented and is applied to the facts in a similar manner. This process
requires several paragraphs.
Where multiple legal theories are raised, they must be dealt with in separate paragraphs.
Tell the story. Cite cases and explain what the case is about and how it provides authority for the current case.
CONCLUSION: (Provide a single sentence which answers the question raised in the issue statement which is combined with a “because” or “why” statement.)
Question 1 – 100 pts Develop a F-IRAC on Judicial Requirements of Personal Jurisdiction, Venue and Standing to Sue in California
Maria Calais, a citizen of California, was walking along a busy street in Tallahassee, Florida, where she has a vacation home, when a large crate flew off a passing truck and hit her, causing numerous injuries. Many people rushed to her aid. She was released from a Florida Hospital after having reconstructive surgery on her legs and spinal surgery due to back injuries. She returned to California for recuperation. She
experienced a great deal of pain and suffering, incurred significant medical expenses, and could not work for six months while she underwent extensive therapy in California. She wants to sue the trucking firm for $300,000 in damages in California as she is recovering in California and is a Citizen of California.
The defendant, Citrus Juices, Inc. is incorporated in Delaware and firm’s headquarters are in Georgia, although the company does business in Florida, and California, where they are prominent growers and packers of Oranges.
Question 2 – 100 pts Develop a F-IRAC on Personal Jurisdiction in State Court of North Carolina over Prescott Pharmacies, Health Care Products, and CKI Industries
Health Care Products, Inc. is a start-up Florida based pharmaceutical company. It is incorporated in Delaware, but its business offices, research department and production facilities are all located in Florida. Following Federal and State approvals for its new weight loss drug, Cal-Ban 3000, Health Care Products, Inc. began nationally marketing its new drug through newspaper and internet advertisements
After seeing an advertisement for the weight loss drug, Cal -Ban 3000, in a North Carolina newspaper, the wife of the plaintiff Douglas Tart, a North Carolina resident, purchased the drug for her husband from an online retail store operated by defendant Prescott Pharmacies, Inc., a North Dakota corporation. No more than a week after the plaintiff’s beginning to take the drug had the plaintiff’s colon ruptured.
Seeking remedies for his injury, allegedly as the direct result of his ingesting Cal-Ban 3000, the plaintiff filed suit in a North Carolina state court against defendant Prescott Pharmacies; Health Care Products, Inc., a Florida corporation, and maker of Cal-Ban 3000; CKI Industries, the Florida corporation that markets Cal-Ban 3000.
Unit 1 Personal Jurisdiction Questions Dissertation
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
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