I have a contracts mid term tomorrow and we are supposed to use the IRAC method. I have no clue how to find the rules in these cases. How can I determine what is a rule? These cases have a ton of stuff that sound like it should be a rule but most of them aren't. Can someone tell me how to distinguish rules from other stuff in these cases.
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I have a contracts mid term tomorrow and we are supposed to use the IRAC method. I have no clue how to find the rules in these cases. How can I determine what is a rule? These cases have a ton of stuff that sound like it should be a rule but most of them aren't. Can someone tell me how to distinguish rules from other stuff in these cases.
You should be able to find the rule based on what law the court is stating as reason for the case. I don't know how the cases are presented, but either you google for law databases (might have to search for local laws depending on where the case is). I'm pretty sure most cases will give you the statute/bill that is the reason for the case, but maybe that's because I've only looked at case summaries for some ethics projects.
EDIT: For example, on this page:
[FN 3] The original complaint alleged the following causes of action: (1) unfair competition (Bus. & Prof.Code, § 17200 et seq.); (2) false advertising (Bus. & Prof.Code, § 17500 et seq.); (3) libel; (4) slander per se; (5) violation of the Lanham Act (15 U.S.C. § 1125a); (6) violation of Penal Code section 637.1; (7) invasion of privacy — false light; (8) invasion of privacy — appropriation of name; and (9) conspiracy.
[FN 4] These causes of action included: (1) unfair competition (Bus. & Prof.Code, § 17200 et seq.); (2) false advertising (Bus. & Prof.Code, § 17500 et seq.); (3) libel; (4) invasion of privacy — false light; (5) invasion of privacy — appropriation of name; (6) conspiracy; and (7) breach of contract.
The rules would be from the bill or whatever Bus. & Prof.Code, § 17500. Cite specific language from the bill/law.
You should be able to find the rule based on what law the court is stating as reason for the case. I don't know how the cases are presented, but either you google for law databases (might have to search for local laws depending on where the case is). I'm pretty sure most cases will give you the statute/bill that is the reason for the case, but maybe that's because I've only looked at case summaries for some ethics projects.
EDIT: For example, on [url=http://www.casp.net/california-anti-slapp-first-amendment-law-resources/caselaw/california-supreme-court/varian-medical-systems-inc-v-delfino/]this page[/url]:
[quote][FN 3] The original complaint alleged the following causes of action: (1) unfair competition (Bus. & Prof.Code, § 17200 et seq.); (2) false advertising (Bus. & Prof.Code, § 17500 et seq.); (3) libel; (4) slander per se; (5) violation of the Lanham Act (15 U.S.C. § 1125a); (6) violation of Penal Code section 637.1; (7) invasion of privacy — false light; (8) invasion of privacy — appropriation of name; and (9) conspiracy.
[FN 4] These causes of action included: (1) unfair competition (Bus. & Prof.Code, § 17200 et seq.); (2) false advertising (Bus. & Prof.Code, § 17500 et seq.); (3) libel; (4) invasion of privacy — false light; (5) invasion of privacy — appropriation of name; (6) conspiracy; and (7) breach of contract.[/quote]
The rules would be from the bill or whatever [i]Bus. & Prof.Code, § 17500[/i]. Cite specific language from the bill/law.
EDIT: For example, on [url=http://www.casp.net/california-anti-slapp-first-amendment-law-resources/caselaw/california-supreme-court/varian-medical-systems-inc-v-delfino/]this page[/url]:
[quote][FN 3] The original complaint alleged the following causes of action: (1) unfair competition (Bus. & Prof.Code, § 17200 et seq.); (2) false advertising (Bus. & Prof.Code, § 17500 et seq.); (3) libel; (4) slander per se; (5) violation of the Lanham Act (15 U.S.C. § 1125a); (6) violation of Penal Code section 637.1; (7) invasion of privacy — false light; (8) invasion of privacy — appropriation of name; and (9) conspiracy.
[FN 4] These causes of action included: (1) unfair competition (Bus. & Prof.Code, § 17200 et seq.); (2) false advertising (Bus. & Prof.Code, § 17500 et seq.); (3) libel; (4) invasion of privacy — false light; (5) invasion of privacy — appropriation of name; (6) conspiracy; and (7) breach of contract.[/quote]
The rules would be from the bill or whatever [i]Bus. & Prof.Code, § 17500[/i]. Cite specific language from the bill/law.
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