Tort and Criminal Law IRAC Case Brief
Date of Submission
Tort and Criminal Law IRAC Case Brief
The IRAC method in legal and criminal cases is a framework used for organising the answers to a law business essay question. It has a basic structure which play a vital role in an issue, the rule, analysis and conclusion based on the nature of the business law essay (Strong & Desnoyer, 2016). The application of this simple framework helps in structuring answers that will ensure that a complete and concrete paper has been written regarding the law to be applied.
A legal case involving a tort
No City Liability for Police-Pursuit Death
“Did Mark Gamer Mother have an agency relationship with police when they nudged his private car into a street pole under a high-speed chase?”
“An agency relationship wascreated when there is an agreement that the agent will act for the benefit of the principal at the principal’s direction or control regardless of whether compensation is paid” would be an acceptable rule. “The plaintiff was the defendant’s agent” thus the case would be an acceptable rule. His mother went ahead to sue the City of Gardena for wrongful death and negligence. Contrary, the city won based on the stipulated state law which affirms police are immune especially whenduring a police pursuit they receive annual training. The California Supreme Court affirmed the case in Ramirez v. City of Gardena as null and void.
However, it came down to a mild difference between police who are being trained and the resultant personnel explained their vices. Using the pursuit intervention technique, the officer in charge, Michael Nguyen bumped killed Gamar on February 15th 2015 by hitting on his car. The court has again sued a judge over the same case.
Notably, the Supreme Court urged that the city is very immune under code section of vehicle, 170047. The law only gives public entities to the city community just based on the death or personal injury on police pursuit. This is possible under clear certification of the writings that the police have understood, read or received on annual training concerning the vehicular pursuits.
According to Nguyen, he certified that his training was efficient but that not all officers experienced the same and thus not liable to negligence. Lt. Mike Saffell in his statement quoted, “some forms might have been lost during the police department’s move to a new station.”The plaintiff, on the other hand, argued that the city should not be much immune because not all the police officers are capable of compiling with the training policy which they are bestowed with after the first phase of the police life. In a comprehensive decision, the Supreme Court confirmed that the police didn’t have to behave in such a manner.
Moreover, the unanimous panel reiterated that the city “does not have to prove total compliance” regarding the condition of immunity. Therefore, writing for the court about the issue, Justice Ming Chin urged an existence of requirements “even if not every peace officer complies with it (Burton, 2017).””We conclude that the agency’s policy must require the written certification, but 100 per cent compliance with that requirement is not a prerequisite to receiving the immunity,” Justice Ming Chin wrote.The representative of the plaintiff, Abdalla Innabi said that “The standard is now so low that any department will be immune.” The only useful thing is to have a requirement which is good enough. “
Legal Case Related to Criminal Law
According to common law jurisdictions, the criminal casebegins when the grand jury has indicted a person who is suspected to have committed acrimegrand jury. The victim is consequently otherwise charged with a serious offence by the prosecutor or district attorney who is the government officials. In some jurisdictions, a criminal case may be settled through a plea bargain before a trial is done.
The Oakland Can Be Liable for Ghost Ship Fire
“Did the tragedy that occurred at the Ghost Ship warehouse left a distant memory to many people, although the cases that surrounded the deadly fire continued to be discussed more and more in the courts?”
Recently it was discovered that the agent of the civil case which is being fought for in the City of Oakland at the Alameda County court disclosed confidential obtained through an authorised agency. As a result, the city unsuccessfully argued all its employees never to report any multiple violations which are related to inspections from the building (Emiri et al., 2017). However, the civil case has been set for a cohesive trial in October 2019. This is because it has taken well almost a year for it to go from complaint to answer and back to court.
In this case, the warehouse and the city opted for final inspection in the court proceedings. This led to the loss of significant issues on demurrer. Besides, the city organised an untrusted claim that could not be held useful and liable due to lack of proper shut down in the warehouse (Burton, 2017). As a result, no inspection regarding the warehouse was triggered in the court proceedings. The court argued out the explanation leading to the fall out of the circumstances.
A mandatory duty was formed in the city of Oakland with many defendants available in the case of Ghost Ship. The claims of the plaintiffs about the unsafe conditions of the city failed to act. Similarly, the plaintiffs opposed that because the city had been unable to take proper action on its liability, both the fire and the police are to be available in many occasions since the onset of the light to make the city aware of the hiccups.
Burton, K. (2017). ” Think Like a Lawyer” Using a Legal Reasoning Grid and Criterion-Referenced Assessment Rubric on IRAC (Issue, Rule, Application, Conclusion). Journal of Learning Design, 10(2), 57-68.
Emiri, O. F., Giwa, A., & Ehusani, J. (2017). Revisiting the Traditional IRAC Organisational Structure for Legal Analysis: Towards a Multidisciplinary Approach. Nigerian LJ, 20, 31.
Strong, S. I., & Desnoyer, B. (2016). How to Write Law Exams IRAC Perfected.