Case Facts and Issues of the Negligence IRA essay case study

Case Facts and Issues of the Negligence IRA essay case study

Order ID	53563633773
Type	Essay
Writer Level	Masters
Style	APA
Sources/References	4
Perfect Number of Pages to Order	5-10 Pages

Description/Paper Instructions

Case Facts and Issues of the Negligence IRA essay case study

Negligence IRAC ISSSUE, RULE, ANALYSIS and CONCLUSION
Case:
WOD Chemical Company operates a plant on the Russian River, outside of Geyserville, CA. The plant

produces a sulfur compound used on wine grapes. This plant has been in operation for about 25 years

and has passed all California State health and safety operation inspections. On July 5th, a fire (caused by

overheating machinery using a self-made insulating devise) in the plant caused an explosion of one of its

sulfur tanks resulting in massive dumping of sulfur into the nearby Russian River. In August local wine

producers noticed their wine grape vines were suffering, and grapes were shriveling and dying. Local

River analysis showed abnormally high levels of sulfur content and it was speculated that the sulfur

either came directly from the fire-based explosion, or there was some other leak at WOD. (Some claim

the plant has been dumping Sulfur waste into the river for years although the river is regularly inspected

by State Agencies) The California Health Department and other government agencies in response to the

recent sulfur levels, posted notices along all public access points warning the public of these sulfur levels

and potential health risks from direct consumption of the water. Trywork Winery has filed suit against

WOD for monetary damages.

In writing an issue statement the question should identify the general legal theory linked to a fact which

gives rise to the claim. Remember you reply must address the substantive writing not the format.

 

Suggest improvements along with an explanation of why and then offer the improvement by rewriting
the issue of the post. If in fact you see no room for improvement identify the parts of it that meet the

 

need of being a good issue statement and provide an explanation of your assessment.

The rule statement must start with the general rule and provide elements and defenses. Lists are not to
be used. Most likely it will take the form of 2 paragraphs. The reply must be substantive, with

explanation and rewrite included.

Write an issue statement following these guidelines:

Prior to ISSUE: present a fact summary in your own words.

Constitutional Issue Statements – identify legal theory in question in its broadest terms. Freedom of
speech not commercial speech – your rule statement and analysis will include those.

 

Identify source of protection or guarantee which may have been violated.
Name actor who may have violated protection &
act leading to potential violation.
Write a Rule Statement:

Start with the General Rule Statement
Follow with elements of the general rule

Do not include facts of case, name of current or former cases
Properly label your post as ANALYSIS: or you may label your post as APPLICATION: Within this same post

write your CONCLUSION: This Analysis post written in paragraph form often requiring several

paragraphs. The Conclusion is a single sentence.

The first paragraph of your analysis or application is a fact summary which is written in your own words
describing without prejudice the facts of this case which you will us in your analysis. Too brief of a

summary will like result in your inability to offer a complete analysis.
The body of the analysis often starts with a brief statement that a party (provide the name) has

challenged an action of a governmental body (name the government, state) and provide the protection

sought or broken. This is immediately followed with the statement that this case requires a review of….

(Usually the relevant constitutional provisions), prior case laws and current facts.
Systematically approach the legal theory issues (rules) how they have been interpreted by prior court
cases (how were those cases similar or different) and which of our facts is being being viewed in light of

that rule.
For purposes of this discussion only, you must cite at least one relevant case in your analysis. Later you

will be expected to use cases relevant to all issues.
The CONCLUSION: The conclusion is a single sentence which answers the question raised in the issue
statement (if your issue statement did not pick up the correct issue make correction here in your

conclusion) and because statement or a when statement. I.e. State violated persons right when…..

Case Facts and Issues of the Negligence IRA essay case study

RUBRIC QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points:  Student failed to submit the final paper. 20 points out of 50:  The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50:  The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately.  Elements of the required response may also be lacking. 40 points out of 50:  The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples.  The answer is complete. 50 points:  The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples.  No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points:  Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points:  Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points:  References to scholarly sources are occasionally given; many statements seem unsubstantiated.  Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points:  Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented.  APA 6th Edition is used with only a few minor errors.  There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points:  Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented.  APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points:  Student failed to submit the final paper. 5 points out of 20:  The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors  10 points out 20:  The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20:  The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points:  The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points:  Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements.  The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
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