LEGAL RESEARCH PAPER
The objective of this project is to familiarize the student with applicable legal restraints on business. It is important that each prospective business manager be able to locate applicable law regulating the business activity; be able to understand the goal sought by the legislation; be able to understand and apply current interpretation of such legislation; and be able to conform decisional activity to the requirement imposed by such legislation.
Note: Students can only do legal research on the California Codes.
The structure and organization of the legal research is the following:
There should be a general statement about the legislation one is about to do research on. Why is this topic important to you? How are you going to approach this topic. One should consider, that the introductions is designed to captivate the interest of the reader while at the same time providing the reader a basic outline on how one is going to approach this topic.
The student is to write the law as it exactly appears in the Federal Codes or Federal Regulations. The code in the research project should mirror the code as it appears in the federal codes. Remember, the purpose of electing representative in the legislature is to empower them to make the law. We in society merely respond to the law. Do not interpret or give impressions about the law in the legislative section of this paper.
RATIONALE. Whenever a law is written, the law itself must satisfy the “due process” standard of the 5Th and 14Thamendment. This means that the law cannot be arbitrary, capricious or unreasonable. Furthermore, due process requires that there be some evidence that the law went through a deliberative and rational process. Therefore, the law must have a purpose, goal or rationale. Student must state the purpose, goal or rationale of the law.
SUBSEQUENT CASE ANALYSIS.
Students are to select two cases that are relevant to the code in questions (it is advisable that the student go to the “notes on decision’ to ascertain relevant cases under the code section). Students are to brief the cases by applying (FILAC). Also, the students are to properly title the case. If the statute or subject is new and there are no relevant cases, students are advised to go to law journals articles (easily accessible in lexis nexus) and select two articles relevant to the subject at hand. The student is to properly cite the journal article and do a one page summary of each article.
The conclusion will consist of two parts:
In this section of the conclusion the student will explore as to whether or not the legislation is accomplishing its goal? Is there significant controversy about the legislation? In other words, what is the social attitude about the legislation.
This section of the conclusion, the student provides their respective personal opinion of the legislation. In this section the student might explore how the law affects that person individually? Are there any ethical or moral opposition to the law?
Final Research Project Due on July 22, 2014.