BUS120 Glendale Health Care Products Inc F IRAC form Discussion 2 questions both are to use good F-IRAC form. Remember in the case of FIRAC we add a fuller

BUS120 Glendale Health Care Products Inc F IRAC form Discussion 2 questions both are to use good F-IRAC form. Remember in the case of FIRAC we add a fuller fact summary prior to starting the IRAC. This is used to provide you enough facts to build your analysis. If a fact is given to you it is there for a reason. Each question is worth 100 points 2 questions both are to use good F-IRAC form. Remember in the case of FIRAC we add a fuller fact
summary prior to starting the IRAC. This is used to provide you enough facts to build your analysis. If a
fact is given to you it is there for a reason. Each question is worth 100 points
Facts:
ISSUE: (Identify legal theory, parties, and pivotal fact in single sentence – If issue is related to a
constitutional issue be sure to identify source)
RULE: (Start with the general rule and follow with elements or defenses – often elements or defenses ar
common law based, but do not identify the cases they come from)
ANALYSIS: (Start the Analysis with a separate paragraph of a fact summary. Follow this paragraph with
paragraph (s) comparing first the general rule to fact(s) and then each element to fact(s). Tell the story. C
cases and explain what the case is and how it provides authority.)
CONCLUSION: (Provide a single sentence which answers the question raised in the issue statement whi
is combined with a “because” or “why” statement.)
Question 1 – 100 pts
Question 1 – 100 pts
Judicial Requirements: Jurisdiction in State Court, Venue in either Florida or North Carolina
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 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; and other defendants. In response to the action, defendants Health Care Products and CKI
questioned whether the due process clause of the Fourteenth Amendment precludes the North Carolina
court from exercising jurisdiction in this case given that they were not legal residents of North Carolina.
Defendant Prescott went further and questioned jurisdiction not only in North Carolina, but also in Florida,
presumably if the plaintiff should choose to refile in Florida in the future.
Develop an IRAC for Judicial Requirement Issues only.
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Unit 1 IRAC Test Due 4/25
Chem 101
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Question 2
GLENDALE
COLLEGE
Consider Commerce Clause, Dormant Commerce Clause, Supremacy & Preemption issues
Math 150A
ms2 part 1.pptx Busad 120
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Golden is a privately-owned company engaged in the business of disposing toxic waste generated by
mining companies. Golden operates pursuant to a license issued by the state of Alpha. This license
authorizes Golden to contract with miners to provide the following services: (i) collection of toxic waste at
mine sites, and (ii) transportation of that waste to Golden’s disposal station, which is in the State of Alpha
Alpha, three miles from the border with the state of Beta.
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In accordance with the authority granted by its license for the past 10 years Golden has contracted to
provide services to miners in Alpha. Recently, Golden expanded its business to serve the miners in Beta
and emerging battery businesses across the border in Beta.
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Shortly after Golden extended its services to the Beta miners and plants, the residents of the town from
which the toxic waste disposal station operates started complaining about the rash of skin irritations, and
increased illness.
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Prior to Golden’s expansion of service to the State of Beta miners and the battery business, the U.S.
Congress has passed legislation promulgating standards for safe disposal of toxic materials including
batteries.
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The residents petitioned the State of Alpha to close Golden’s disposal station. Golden objected. The
Commissioner held open hearings. Following the hearings, the state issued an order that the use of
Golden’s disposal station would be limited to toxic waste from Alpha miners only. The Beta miners and
battery businesses were barred from disposing of their toxic waste through Golden.
Both Golden and the State of Beta have filed suit against State of Alpha seeking to rescind the order.
Develop a F-IRAC for the constitutional legal issues.
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Question 2
Consider Commerce Clause, Dormant Commerce Clause, Supremacy & Preemption issues
Golden is a privately-owned company engaged in the business of disposing toxic waste generated by
mining companies. Golden operates pursuant to a license issued by the state of Alpha. This license
authorizes Golden to contract with miners to provide the following services: (i) collection of toxic waste at
mine sites, and (ii) transportation of that waste to Golden’s disposal station, which is in the State of Alpha
Alpha, three miles from the border with the state of Beta.
In accordance with the authority granted by its license for the past 10 years Golden has contracted to
provide services to miners in Alpha. Recently, Golden expanded its business to serve the miners in Beta
and emerging battery businesses across the border in Beta.
Shortly after Golden extended its services to the Beta miners and plants, the residents of the town from
which the toxic waste disposal station operates started complaining about the rash of skin irritations, and
increased illness.
Prior to Golden’s expansion of service to the State of Beta miners and the battery business, the U.S.
Congress has passed legislation promulgating standards for safe disposal of toxic materials including
batteries.
The residents petitioned the State of Alpha to close Golden’s disposal station. Golden objected. The
Commissioner held open hearings. Following the hearings, the state issued an order that the use of
Golden’s disposal station would be limited to toxic waste from Alpha miners only. The Beta miners and
battery businesses were barred from disposing of their toxic waste through Golden.
Both Golden and the State of Beta have filed suit against State of Alpha seeking to rescind the order.
Develop a F-IRAC for the constitutional legal issues.

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