I need help organizing I gave the example of what each Justice has to look like. I can't seem to have good organization and it is all over and also I want it to read good and in simple words and be original. I wrote it but it is hard to describe. He wants it to be simple to the point and just be able to know what each Justice stood for

Read "The Case of the Speluncean Explorers

complete five separate IRAC analyses for this assignment, one for each justice. You should complete the following tasks for each IRAC analysis:

1.Issue: Correctly identify the relevant theory of jurisprudence that the applicable justice endorses.

2.Rule: Correctly define the relevant theory of jurisprudence.

3.Application of Facts: Correctly identify the key portions of the justice's reasoning that are associated with the relevant theory of jurisprudence.

4.Conclusion: Relate the key portions of the justice's reasoning to your personal opinions as to the validity of the relevant theory of jurisprudence.

5.Style: Use proper memo format, IRAC structure, grammar, and spelling.

Note: if you are unfamiliar with memo format, please review the information described in the link below:

https://owl.purdue.edu/owl/subject_specific_writing/professional_technical_writing/memos/index.html

Issue

Does Justice___________________[BC1]utilize the_________________[BC2]theory of jurisprudence in his opinion?

Rule

The_________________[BC3]theory of jurisprudence focuses on____________________________ ______________________________________________________________________________ _____________________________________________________________________________.[BC4]

Application of Facts

In Justice___________________[BC5]'s analysis, the judge focuses on the following observations for his reasoning:__________________________________________________________________

______________________________________________________________________________ ______________________________________________________________________________

_____________________________________________________________________________.[BC6]

Conclusion

The key facts above suggest that Justice___________________[BC7]does in fact utilize the_________________[BC8]theory of jurisprudence, because__________________________________

______________________________________________________________________________

______________________________________________________________________________

_____________________________________________________________________________.[BC9]

DOCUMENT:

Keep your Issue and Rule to one sentence, maximum. Short and to the point is better than saying a lot that doesn't matter, because that shows me you know what to leave out.

Only have one Issue per IRAC analysis, and only do one theory per justice. You have two for Foster here.

Issue:Several cave explorers (spelunkers) are trapped by a landslide approaching starvation; they make radio contact with the rescue team.Engineers on the rescue team estimate that the rescue will take a further 10 days. After describing their situation to physicians, they are told it is unlikely they will survive another 10 days without food.The explorers ask the physicians whether they would survive if they killed and ate one of their numbers.The physicians advise, reluctantly, that they would.When asked if they ought to hold a lottery to determine whom to kill and eat, no one on the rescue team is willing to advise.The radio is turned off, and later a lottery is held. The loser is killed and eaten.When they are rescued, they are prosecuted for murder in which, in the commonwealth of Newgarth guilty verdict carries a mandatory sentence of capital punishment.

Relevant Law: Common law of England and Whales (Murder, Homicide, Manslaughter)

Applying the Law:There are multiple judgments over this case, and we will brief them one by one.

Issue

Does Justice__Foster_[BC1]utilize the___state of nature______________[BC2]theory of jurisprudence in his opinion?

RuleFoster J gave a review of these cases by stating some interpretations of the law & jurisdiction. some are given below

The___state of nature______________[BC3]theory of jurisprudence focuses on_The people in thatcave were far out of the jurisdiction of the Commonwealth. The explorers were 'not in a "state of civil society" but in a "state of nature"' and consequently, the laws of the Commonwealth of Newgarth do not apply.[BC4]

Application of Facts

In Justice__Foster_________________[BC5]'s analysis, the judge focuses on the following observations for his reasoning:_The Judge argued that If it was proper that ... the trapped cavemen should sacrifice ten lives to save the lives of five imprisoned explorers, why are we told it was wrong for these explorers to carry out an arrangement that would save four lives at the cost of one?

The judge stated thatA 'constitutional contract' does not operate the same as a civil contract; all of those men agreed to throw the dice. In that case, it becomes a civil contract unfavorably or may be against the law, but it was within reach of natural laws.

Foster J concludes that the conviction should be set aside_.[BC6]

Conclusion

The key facts above suggest that Justice__Foster_________________[BC7]does in fact utilize the___state of nature______________[BC8]theory of jurisprudence, becausethe judge stated thatA 'constitutional contract' does not operate the same as a civil contract; all of those men agreed to throw the dice. In that case, it becomes a civil contract unfavorably or may be against the law, but it was within reach of natural laws.

Foster J concludes that the conviction should be set aside.s

_____________________________________________________________________________.[BC9]

DOCUMENT:

When the case started, the defendants were treated for shock, and after that, the hearing begins. Theirearly testimony was accepted by the jury in which they claimed that they decided to throw a dice that Whitmore had. For the decision about who to kill for food, and no one objected to it. The odds came against Whitmore, and they approached and killed him as a result of that.

Based on that, they were indicted for murder. At trial, prosecution and defense accepted the charge of "guilty of murder." The trial judge sentenced them to mandatorycapital punishment of murder, to be hanged. Later on, the jury pleads to reduce the sentence to 6 months of prison, and the trial judge accepted that. But Later, Chief Justice Truepenny CJ upheld the conviction of capital punishment by saying justice can be done in this way, without disregarding either the letter or spirit of the law. Thus, Truepenny CJ upholds the conviction.

Issue

Does Justice__Tatting Justice_________________[BC10]utilize theCommon Law____[BC11]theory of jurisprudence in his opinion?

Rule

The_____Common Law____________[BC12]theory of jurisprudence focuses on_Client that there is no clear basis fo r the decision that these men were somehow outside the jurisdiction of Common Law. In his view, Whetmore couldn't act in self-defence as he made a bargain, and he had to live up to that.Tatting Justice that the criminal laww related to murder couldn't have been a deterrent for those men as they were faced with a choice of an alternative of life or death.The case cited in this regard was the fictitious case Commonwealth v Parry.Tatting Justice agrees that the interpretation of self-defense provided by Foster Justice is supported._________________________________________________________________________________________________________________________________________________.[BC13]

Application of Facts

In Justice__Tatting Justice_________________[BC14]'s analysis, the judge focuses on the following observations for his reasoning: He cited that the 'taught doctrine in law schools is that "The man who ats to repel an aggressive threat to his own life does not a "willing," but in this case of the explorers, they 'acted not ony "willfully" but with great deliberation .In Tatting Justice______________________________________________________________

.[BC15]

Conclusion

The key facts above suggest that Justice___________Tatting Justice________[BC16]does,in fact,utilize the__Common Law_______________[BC17]theory of jurisprudence, becauseThe Chief Justice asked tatting Jwhether he wanted to reexamine his position. Still, hisHonour declined and affirmed he would not participate in the case. The Supreme Court, divided evenly, affirmed the conviction. Fuller provides no further details as to the outcome.He concludes that by taking a common-sense approach that considers his above discussion, the defendants are innocent,and the conviction should be set aside.The Chief Justice asked Jwhether he wanted to reexamine his position, but his Honour declined and affirmed he would not participate in the case. The Supreme Court, divided evenly, affirmed the conviction. Fuller provides no further details as to the outcome.

[BC18]

3 - Judgment of Keen J

Does Justice__Keen_[BC19]utilize the___ positive______________[BC20]theory of jurisprudence in his opinion? In his review of the case, the Judge puts out two questions regarding the case at first sight; in his opinion, we aren't here to make decisions based on mortality.I would pardon the defendants entirely because they had already suffered enough, but this remark was made as a private citizen, not a judge.

RuleHe states that this case's decision is not about right or wrong; it is about upholding and applying the land law on a crime.His statements referred to the decision of Lord Mustill in R v Brown [1994]. The court held (in a 3-2 majority) that consent was not a defense to assault.

The___positive ______________[BC21]theory of jurisprudence focuses on_[BC22]

Application of Facts

In Justice__Keen_________________[BC23]'s analysis, the judge focuses on the following observations for his reasoning: _

Conclusion

The key facts above suggest that Justice__ __Keen_______________[BC24]does in fact utilize the___ ______________[BC25]theory of jurisprudence,

Does Justice__Keen_[BC26]utilize the___positive______________[BC27]theory of jurisprudence in his opinion? The Judge states that some of the opinions of his college Justice Foster reflect the element of fantasy put forward by Tatting J. He stated that the main question is whether cave dwellers who were trapped who committed cannibalism committed the crime willfully?In this case, the defendants willfully took the life of Roget Whetmore, and any sound mind can observe that from the facts and statements in place.

The key facts above suggest that Justice__ __Handy_______________[BC28]does in fact utilize the_abstract__ ______________[BC29]theory of jurisprudence,

Does Justice__Handy_[BC30]utilize the___ ___abstract___________[BC31]theory of jurisprudence in his opinion?Justice Handy holds the case as one of 'practical wisdom' applications, not 'abstract theory' and 'one of the easiest to decide." Government is 'a human affair' in which people 'are ruled well when their rulers understand that the feelings and conceptions of the masses."

RuleOf all branches of the government, the judiciary is the most likely to lose its contact with the common person. When a set of facts has been subject to [judicial] treatment for a sufficient time, all the life and juice have gone out of it, and we have left a handful of dust.

The___abstract ___________[BC32]theory of jurisprudence focuses onthefirst of theseiswhether executive clemency should be extendedto these defendants if the conviction is affirmed.Underoursystem of government, that is a question for theChief Executive, not for us. I, therefore, disapprove of thatpassage in my brother Foster is one of that group; his way of dealing with

statutes is exactlythatof a judge living in the3900's.When he thought about this, he felt that acquittal would not be good for the people to think dumb.

_[BC33]

Application of Facts

In Justice__Handy_________________[BC34]'s analysis, the judge focuses on the following observations for his reasoning: Justice Handy lists four means of escaping punishment.1. A determination by a judge that the accused has committed no crime. 2. A decision by the prosecutor not to ask for an indictment. 3. An acquittal by a jury, or 4. A pardon or commutation by the executive.

Conclusion

The key facts above suggest that Justice__Handy_________________[BC35]does in fact utilize the_abstract__ ______________[BC36]theory of jurisprudence,Handy J discusses at length the publicity surrounding the trial, as well as indications of public opinion (90% of respondents to a major poll believed the explorers should be pardoned or given a token punishment). Between the judiciary and public opinion, a declaration of innocence ought to be made.

Does Justice_Handy__[BC37]utilize the___legal realism______________[BC38]theory of jurisprudence in his opinion? Justice Handy holds the case as one of 'practical wisdom' not "abstract theory' and 'one of the easiest to decide." Government

Rule

The___legal realism ______________[BC39]theory of jurisprudence focuses on_[BC40]

Application of Facts

In Justice__Handy_________________[BC41]'s analysis, the judge focuses on the following observations for his reasoning: Justice Handy lists four means of escaping punishment. 1. A determination by a judge that the accused has committed no crime.2. A decision by the prosecutor not to ask for an incident. 3. An acquittal by a jury, or 4. A pardon or commutation by the executive

Conclusion

The key facts above suggest that Justice__Handy_________________[BC42]does in fact utilize the____legal realism_____________[BC43]theory of jurisprudence, he concludes that the public opinion polls the public would vote to acquit the defendants. By taking a common-sense approach that considers his above discussion, the defendants are innocent, and the conviction should be set aside.Conclusion: Justice Tatting was asked by the Chief Justice whether he wanted to reexamine his position, but his Honour declined and affirmed he would not participate in the case.The Supreme Court, divided evenly, affirmed the conviction.Fuller provides no further details as to the outcome.

4 - Judgment of Keen J

In his review of the case, the Judge puts out two questions regarding the case at first sight; in his opinion, we aren't here to make decisions based on morality. I would pardon the defendants entirelybecause they had already suffered enough, but this remark was made as a private citizen, not a judge.

He states that this case's decision is not about right or wrong; it is about upholding and applying the land law on a crime. His statements referred to the decision ofLord Mustill's in R v Brown[1994]. The court held (in a 3-2 majority) that consent was not a defense to assault.

The Judge states that some of the opinions of his college Foster J reflect the element of fantasy put forward by Tatting J. He stated that the main question is whether cave dwellers who were trapped who committed cannabilism committed the crime willfully?. In this case, the defendants willfully took the life of Roget Whetmore, and any sound mind can observe that from the facts and statements in place.

He furthermore stated that the only obstacle in this case decision is failure to separate the legal and moral aspects of the case. His Honour criticizes his fellow judges for shirking their responsibility to abide by the word of the law; his Honour is determined to put personal views aside.

He stated that he does not believe the purpose needs to be explained any further than being a 'deeply-felt human conviction that murder is wrong and that punishment should do something to the man who commits it.'

He believed that judge should not direct inquiry towards the statute's purpose but its scope, likewise with exceptions. The actions of the defendants clearly fall within the scope of the statutory provision.

A hard decision is never a popular decision. Keen J firmly states 'judicial dispensation does more harm in the long.

[ 5 - Judgment of Handy J ]

Handy J holds the case as one of the applications of 'practical wisdom' not 'abstract theory' and 'one of the easiest to decide.' Government is 'a human affair' in which people 'are ruled well when their rulers understand the feelings and conceptions of the masses.'

Of all branches of the government, the judiciary is the most likely to lose its contact with the common man. ... When a set of facts has been subject to [judicial] treatment for a sufficient time, all the life and juice have gone out of it, and we have left a

A handful of dust.

Handy J discusses at length the publicity surrounding the trial, as well as indications of public opinion (90% of respondents to a major poll believed the explorers should be pardoned or given a token punishment). Between the judiciary and public opinion, a declaration of innocence ought to be made.

Handy J lists four means of escaping punishment

a determination by a judge that the accused has committed no crime,

a decision by the prosecutor not to ask for an indictment,

an acquittal by a jury, or

a pardon or commutation by the executive

Conclusion:Tatting J was asked by the Chief Justice whether he wanted to reexamine his position, but his Honour declined and affirmed he would not participate in the case. The Supreme Court, divided evenly, affirmed the conviction. Fuller provides no further details as to the outcome.

Justice Fosterdeveloped two arguments. For starters, he said that because the explorers were confined in a cave, they were essentially outside of Newgarth's authority and thus in a "state of nature."

[BC1]Give the last name of the Justice here.

[BC2]Identify the theory you are analyzing here.

[BC3]Identify the theory you are analyzing here.

[BC4]Describe the rule for the theory here.

[BC5]Give the last name of the Justice here.

[BC6]List the key observations from the Justice's opinion that lead you to believe he does follow the identified theory

[BC7]Give the last name of the Justice here.

[BC8]Identify the theory you are analyzing here.

[BC9]Connect the Application of Facts section to the Rule to explain why you think the Justice is utilizing the identified theory.