Unit 1 Test:   2  F-IRAC Questions

Unit 1 Test:   2  F-IRAC Questions

 Instructions:

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

 Marya Callais, 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.