Answer each question following the IRAC format
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BUSINESS LAW
Answer each question following the IRAC format.
QUESTION NO. 1:
FACTS:
Carl Lucas is an at-will employee at POP’s Barbershop, LLC. Pops
is the sole owner of the barbershop and employs Kay, J.B. and
Wally. Cordell Stokes is the owner of Uptown Distributors, LLC.
During their workday at POP’s, Kay, J.B. and Wally take the
company van to pick up distribution items (50 boxes) for POP’s
from Uptown Distributors, LLC. While picking up boxes for POP’s
they also intentionally take 50 boxes of merchandise that belonged
to Manny Martinez and accidentally took 50 boxes of merchandise
from another customer, Misty. You have been hired to represent
the legal interests of Cordell Stokes? What actions do you take on
Mr. Stokes behalf and against whom? What if you were hired to
represent POP’s? What actions would you take on his behalf and
against whom? What if you were hired to represent Misty? What
actions would you take on her behalf and against whom?
QUESTION NO. 2:
On Monday, February 1, after a seven-day snow storm compiling up to
18 inches of snow, Tyson took his daughter, Tiana, age 7, to her
elementary school in Baltimore City. Because of the number of days
that it snowed, the only areas that were plowed were the roads, parking
lots and some, but not all sidewalks. As did most parents that drove
their children to school, Tyson parked in the school parking lot and
walked Tiana to the school building using the sidewalk. While walking
Tiana on the sidewalk, she ran away from him to play in the snow pile
near the door’s entrance where other students were playing and
building snowmen. Tyson chased after Tiana and slipped and fell on
black ice on the sidewalk, fracturing his hip.
USE IRAC for this scenario.
QUESTION NO. 3:
On Saturday, August 20th, John and Jeff purchased a food truck
delivery truck for their recently started business from an auto auction
in Pennsylvania. The name of their business was AB’s Food Delivery,
Inc., which operates in Baltimore, Maryland. The truck was an older
model white truck with no markings on the side; and because they just
purchased the vehicle, they only had temporary tags. While driving
from Pennsylvania to Maryland, it started to rain heavily and they
were forced to the side of a road near Hunt Valley, Maryland because
the windshield wipers on the van were inoperable. Thus, John and Jeff
sat in the van waiting for the rain to cease. About 30 minutes prior to
John and Jeff pulling over, an older white van that was reported stolen
was used in an armed robbery of a bank in Baltimore, Maryland. There
were 4 masked men involved in the robbery and during the escape from
the bank, the armed security guard was shot in the head by the robbers.
The white van was reported as last being seen headed north towards
Pennsylvania. A dispatch was sent to all law enforcement officers.
Officer Johnson received the dispatch and he, as were all other officers,
were on the lookout for a white van with 4 masked men. While driving
in the heavy rain, Officer Johnson observed the white van that John
and Jeff were in pulled over on the side of the road. Officer Johnson
initially drove by the vehicle and attempted to look into the vehicle and
saw two people not wearing masks sitting in the front two seats.
Officer Johnson could see nothing else. Officer Johnson circled back
and pulled up about 50 feet behind the van. John and Jeff did not see
Officer Johnson pull up behind them. In fact, both John and Jeff had
fallen asleep in the van. Officer Johnson called for back-up officers by
stating “possible suspect van” located; and then approached the van.
When Officer Johnson walked up to the passenger’s side of the window,
he tapped on the passenger’s side window with his gun drawn, which
startled John, who was seated in the passenger seat. Officer Johnson
instructed John to step out of the vehicle with his hands up, which John
did. Officer Johnson then instructed conducted a pat-down of John for
weapons and found nothing but about $5000,00 in cash rolled up in
John’s back pocket in a rubber band. Officer Johnson then instructed
Jeff to step across the passenger’s side of the vehicle to exit on the
passenger’s side of the van. As Officer Johnson was instructing Jeff to
exit, Officer Arrington pulled up and observed Officer Johnson
instructing Jeff to exit. Officer Arrington pulled his weapon out and
approached the location where Jeff was exiting the van. As Jeff was
exiting the van, he tripped over a tool in the passenger side and fell
forward towards Officer Johnson. Officer Arrington immediately shot
Jeff five times in the chest. Jeff died instantly.
USE IRAC for this scenario.
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