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Jack Miller, a friend of yours, has beer brewing in his blood. After years of providing beer to local block parties and community events, the

Jack Miller, a friend of yours, has beer brewing in his blood. After years of providing beer to local block parties and community events, the Miller family opened Jack's Brewery, named by Malinda and Jon (Jack's parents) after their beloved son. The company headquarters, a small commercial space, is located in Austin, TX. Jack works for the company, but only in the brewing department, not sales or distribution.

At Jon's recent birthday party, Jon and Malinda announced that they were officially retiring and leaving the business to Jack. Although Jack loves beer brewing, his expertise is in the brewing itself, not managing the business. Despite his lack of experience, Jack is dedicated to making the business a success.

You are Jack's administrative assistant. Jack has come to you to get advice on complying with federal and state alcoholic beverage laws and regulations. Jack only needs some basic information, so he doesn't feel he needs to spend money to hire an attorney; he's confident that your knowledge will be enough to get him started.

Your task is as follows:Locate federal and state primary sources that deal with beer brewing in Texas.

Part 1: Preliminary Research

Using the Five Ws, complete the following search string development chart.

Categories of information

Keywords

Expanded Search Terms (Synonyms and Antonyms)

(Terms & Connectors/ Natural Language Search)

Who: The Parties

Who are the parties involved & what is their relationship?

Where: Jurisdiction

State or federal law, or both? If state, what state?

When: The Date

Are there any chronological facts that matter in this case? (The answer might be no.)

What: Basic Facts

May include type of business, geographic locations, physical or intangible objects

What: Legal Issues

Civil or criminal, any specific statutes or laws, the basic nature of the legal matter, important legal concepts

What: Outcome Sought

What does Jack want to see happen as a result of your research?

Part 2: Case Law

  1. In Lexis, run a guided search forlaw review articlesthat have been published within the last 5 years related to beer brewing in Austin, TX. You may use natural language or terms and connectors.
    1. How did you conduct this search? Be specific.
    2. How many articlesdid you find? List one of the titles you find helpful.
  2. In Lexis, run a different guided search forTexas state casesrelated to Austin, Texas beer breweries from the last five years. You may use natural language or terms and connectors.
    1. What were yoursearch terms?
    2. How many casesdid you find? Provide the name of the first case on the list.
    3. Using the case found above, select "Shepardize this document" on the right-hand side. How manyciting referencescan you find (if any)?
  3. Go to Westlaw and choose a case law search. Using the same search terms you used in question 2a, findTexas state casesrelated to beer breweries in Austin from the past five years.
    1. Did you find the same number of cases as you found in Lexis? Whatdifferences in results, if any, can you spot?
    2. List the name of a case you found.
    3. Using the case you listed in Part b, select the "Citing References" link above the case name. What is the title of thefirst citing case?

Part 3: Federal Statutes

  1. Visitwww.govinfo.govLinks to an external site.. Select Advanced to run an advanced search in theUnited States Codeonly. *You will have to scroll down and view the options under "refine by collection" in the advanced search screen.* Run a natural language search to locate the citation and statute name thatlimits the minimum drinking ageto 21 years old.
  2. How did you find your results? Be specific.
  3. What is thename and citationfor the statute?

Part 4: Federal Regulations

Most alcoholic beverage regulation is set at the state and local level. However, the federal government has exercised some control over certain critical matters, such as drunk driving regulation. Federal law calls for states to set a legal blood alcohol limit of .08 or less, and provides financial rewards to those that do so.

  1. Using theeCFRLinks to an external site., look up23 CFRPart1225.These are the regulations that govern the administration of the blood alcohollevel statute. Click on the "View Full Text" link next to the Part number (see screenshot for an example).

  1. Whatfederalagency is in chargeof administering this regulation? (Hint: look at the title of the Chapter in which this Part is located.)
  2. What is the federal statute that this rule is administering (i.e., what is itsstatutory authority)?
  3. Find the Source note and list theFederal Registercitationthat enacted this regulation.

Part 5: Texas Regulations

Jack has made a unique label for his new craft beer,Jack's Malt Liquor. He's very proud of his creation and wants to sell his labeled beer at his plant using his new brewpub license. He wants you to find any state regulations covering beverage labeling by brewpubs.

  1. Look atTex. Alcoholic Beverage Code sec. 5.01Links to an external site.. According to this statute, whatTexas state agencyis given statutory authority to regulate alcoholic beverage labeling and advertising? (Note that the specific authority is actually given by sec. 5.31, but the name of the agency is given in sec. 5.01.)
  2. Now go to theTexas Administrative CodeLinks to an external site.and look up Title 16, Part 3, Chapter 45. What regulation(s) must Jack comply with when applying for acertificate of registration forhis newmalt beverage label? (Hint: there may be more than one applicable regulation. Any or all are acceptable answers, so choose whichever looks best to you.)
  3. List theTexas Registercitationand datethat enacted the regulation you chose.

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