Question
This means the student is expected to analyze given information (facts) in order to arrive at a logical conclusion.The way this is done in a
This means the student is expected to analyze given information (facts) in order to arrive at a logical conclusion.The way this is done in a Legal Environment of Business class is by being able toIRACa legal business problem. IRAC stands for Issue, Rule, Application, and Conclusion, and it is explained on pages 10-11 in your text book. For this assignment analyze each of the scenarios below using the IRAC
B.Arbitrary and Capricious Test
Michael Manin, an airline pilot, was twice convicted of disorderly conduct, a minor misdemeanor.To renew his flight certification with the National Transportation Safety Board (NTSB), Manin filed an application that asked him about his criminal history.He did not disclose his two convictions.When these came to light more than ten years later, Manin argued that he had not known that he was required to report convictions for minor misdemeanors.The NTSB's policy was to consider an applicant's understanding of what information a question sought before determining whether an answer was false.But without explanation, the agency departed from this policy, refused to consider Manin's argument, and revoked his certification.Was this action arbitrary or capricious?
C.Fourth Amendment
Three police officers, including Maria Trevizo, were on patrol in Tuscon, Arizona, near a neighborhood associated with the Crips gang, when they pulled over a car with suspended registration.Each officer talked to one of the three occupants.Trevizo spoke with Lemon Johnson, who was wearing clothing consistent with Crips membership.Visible in his jacket pocket was a police scanner, and he said that he had served time in prison for burglary.Trevizo asked him to get out of the car and patted him down "for officer safety." She found a gun.Johnson was charged in an Arizona state court with illegal possession of a weapon.What standard should apply to an officer's patdown of a passenger during a traffic stop?Should a search warrant be required?Could a search proceed solely on the basis of probable cause?Would a reasonable suspicion short of probable cause be sufficient?
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