Paper Example on IRAC Method

Introduction

The IRAC is used as an organizational tool that helps students with the essay exams in law. The use of the IRAC tool is useful in making sure that the students get better grades and that they can prepare for the bar exam. The issue shows what the individual is going to discuss regarding the problem stating what is wrong and for whom. The issue statement needs to provide the primary concern for the case, the name of the plaintiff and the name of the defendant. In stating the point, one has to be comprehensive stating whether the individual is liable to the law for their actions. A good issue statement earns more marks at this stage compared to the rest of the procedures. Stating the issue is the initial step, and the writer needs to be careful in reporting the facts and any ideas that may be conflicting.

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The aspect of rule statement is where the writer defines the rule of law, the legal terms and the legal concepts as well. The main reason for stating the legal terms is to articulate the rule that the writer will be analyzing in the next section. It is essential that the individual at this stage is aware of the crime that the defendant has committed such that they use legal principles to address the problem at hand. The legal principles may be from the cases and legislation. One important thing is that the writer needs to be very specific when stating the law that requires an application and they should also remember to support these propositions. The application section is where one takes the facts that they reported in the initial essay question, and they link the same to the rule of law so that they support the conclusion that they reach.The conclusion part is vital in the essay because it is the stage where the writer plays the role of a judge. They need to choose from the argument they make to see which is the strongest and then provide the answer they think is the most appropriate. The case needs to consider the individual that is liable and the extent to which they are accountable.

DQ 3-1

The internet has increased the potential for criminal liability through insecure technology which increases the risk of intrusion for the business using the internet. In the art of software development, the developers are striving to ensure that the programs remain user-friendly and they end up sacrificing the need for security and reliability thus the business sites are not secure and may be vulnerable to hackers. The business ends up losing valuable data. The internet also decreases these risks by having software updates that fix the weak spots, having website security that can manage confidential data when online and passwords which can be frequently changed. The internet helps the company chose passwords that are strong and difficult for anyone else to guess.

DQ 3-2

The penalties that are imposed on white-collar criminals are lenient and the claim s that these crimes are non-violent property crimes and that majority of them are first time offenders who are to mean that they do not fit the ideal image of a street criminal. I think the punishment is too soft for them because other criminals are also given heavy penalties even though they are first time offenders. It is dangerous to impose a tolerant penalty for white-collar crimes such as fraud and bribery on the basis that it is a non-violent property crime. No wonder these crimes have been on the rise in the modern days. It could also be a misconception for first-time offenders that it is difficult to determine the appropriate punishment.

3-3 Torts Overview

Intentional torts refer to wrongful acts that an individual intends to do for the other instead of them acting careless and these include the likes of fraud, false imprisonment appropriation, and fraudulent misrepresentation among others (Meiners et al. 2003). Assault and battery are intentional torts. When using someone of a case of negligence, one needs not prove that it was committed with intentions. One cannot be sued for battery because it is not intentional, but if a person is careless, one can sue them for a tort of negligence. Strict liability is also a case of a deliberate tort because the defendant did something unreasonable under the very circumstance. Product liability of the equipment lies on the manufacturer under the theory of liability.

4-4 Negligence

In the context of neglect, there is no breach of duty if there is no duty owed. Neglect is only considered when there is the invasion of interests that are legally protected. The case of the guard and Palsgraf cannot be taken as a case of negligence because there was no violation of the rights of anyone involved ((Court of Appeals of New York, 1928). There is no duty that the guard owed because she was far away from the main area where the guard was doing their normal routine.

References

https://www.youtube.com/watch?v=O7G-y6vepos&vl=enMeiners, Ringled, Edwards, (2003). Chapter 6, Elements of torts, business law, (The legal environment of business) 12th edition.

Palsgraf v. The Long Island Railroad Company, 248 N.Y. 339, 162 N.E. 99, 1928 N.Y. Lexis 1269 (Court of Appeals of New York, 1928).