Free Essay

Mcclain V. Octagon

In:

Submitted By Muhire
Words 396
Pages 2
IRAC Briefing
Content
IRAC--BRIEFING CASES
For this course, use the IRAC method of briefing for your weekly assignments and for your group assignments.
IRAC is:
I: ISSUE: What is the question the court (or you in the weekly assignments) must decide? Sometimes there may be more than one issue.
2: RULE: What is the law that the court cites to decide the case? In your individual weekly assignments (not the group assignment) you must cite a page number in your text and the rule you are citing to answer the chapter question.
3: APPLICATION: This is the application of the rule to the facts in the case.
4: CONCLUSION: What does the court actually decide? For example, does the court rule in favor of the party that filed the suit, or the defending party? In the chapter questions, you must decide who prevails.
Example: Read the Singer v. Raemisch case, Exhibit 1-6, pages 23-25 in your textbook. Here is how that case might be briefed using the IRAC method.
Issue: Can a prison, consistent with the First Amendment, restrict inmates’ speech, when that restriction is reasonably viewed as promoting prison security?
Rule: Prison regulations that restrict inmates' constitutional rights are nevertheless valid if they are reasonably related to legitimate penological interests. Page 24. [Notice this is a general statement taken from case law or statutory law, and which would apply to any case that has similar facts.]
Application: The D& D ban “bears a rational relationship” to those interests as it promotes prison security. The evidence supports the conclusions that games such as D& D can mimic the organization of gangs and lead to their development. The prison gang expert testified the game could foster an inmate’s obsession with escaping from a real life, correctional environment, and thereby foster hostility, violence and escape behavior. This can compromise not only the inmate’s rehabilitation and effects of positive programming but also endanger the public and jeopardize the safety and security of the institution. [This description shows how the general law stated in the Rule applies to the specific situation before the court. This wording is not the only way the Application of the case can be expressed--the answer must relate the "rational relationship" rule to the facts presented in the case.]
Conclusion: The district court's grant of summary judgment was affirmed.

Similar Documents

Premium Essay

Mcclain V Octagon Discussion

...Connor Talbert BLR 235 March 19, 2014 Professor Campbell KELLY McCLAIN, Plaintiff and Appellant, v. OCTAGON PLAZA, LLC, Defendant and Respondent. 159 Cal. App. 4th 784; 71 Cal. Rptr. 3d 885 COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT January 31, 2008, Filed FACTS: 1. McClain owns and operates a business known as “A+ Teaching Supplies.” 2. Ted and Wanda Charanian are the principals of Octagon, which owns and manages a shopping center in Valencia. 3. On February 28, 2003, McClain and Octagon agreed to a lease in which McClain would rent commercial space within the shopping center for a length of sixty two months. 4. The lease was constructed as a standard form agreement which was prepared by the American Industrial Real Estate Association. 5. Paragraph 1.2 describes the dimensions of the leased unit, which were stated to be, “approximately 2,624 square feet.” 6. Paragraph 2.1 states, “…Unless otherwise provided herein, any statement of size set fourth in this Lease, or that may have been used in calculating Rent, is an approximation which the Parties agree is reasonable and any payments based thereon are not subject to revision whether or not the actual size is more or less.” 7. Paragraph 2.4 states, “Lessee acknowledges that: (a) it has been advised by lessor…to satisfy itself with respect to the condition of the premises.., and their suitability for Lessee’s intended use, and (b) Lessee had made such investigation as it...

Words: 1042 - Pages: 5

Premium Essay

Mcclain V. Octagon Plaza Facts, Issue, Rules of Law, Application of Rules, and Conclusion

...KELLY McCLAIN, Plaintiff and Appellant, v. OCTAGON PLAZA, LLC, Defendant and Respondent COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, 159 Cal. App. 4th 784; 71 Cal. Rptr. 3d 885; January 31, 2008, Filed FACTS: 1. McClain owns and operates business known as A+ Teaching Supplies. 2. Ted and Wanda Charanian are the principals of Octagon, which owns and operates a shopping center in Valencia, California. 3. On February 28, 2003, McClain agreed to lease commercial space in the shopping center for five years and two months. 4. The contract has an option to extend the lease for two more five-year terms. 5. The lease is a standard form agreement prepared by the American Industrial Real Estate Association. 6. Paragraph 1.2(a) of the lease says the size of the unit leased to McClain is “approximately 2,624 square feet” with a diagram attached showing this size. 7. Paragraph 2.1 states “Unless otherwise provided herein, any statement of size set forth in this Lease, or that may have been used in calculating Rent, is an approximation which the agree is reasonable and any payments based thereon are not subject to revision whether or not the actual size is more or less.” 8. Paragraph 2.4 goes on to state “Lessee acknowledges that: (a) it has been advised by Lessor… to satisfy itself with respect to the condition of the Premises… , and their suitability for Lessee’s intended use [and] (b) Lessee had made such investigation as it deems necessary with reference to such...

Words: 1318 - Pages: 6

Free Essay

Test2

...62118 0/nm 1/n1 2/nm 3/nm 4/nm 5/nm 6/nm 7/nm 8/nm 9/nm 1990s 0th/pt 1st/p 1th/tc 2nd/p 2th/tc 3rd/p 3th/tc 4th/pt 5th/pt 6th/pt 7th/pt 8th/pt 9th/pt 0s/pt a A AA AAA Aachen/M aardvark/SM Aaren/M Aarhus/M Aarika/M Aaron/M AB aback abacus/SM abaft Abagael/M Abagail/M abalone/SM abandoner/M abandon/LGDRS abandonment/SM abase/LGDSR abasement/S abaser/M abashed/UY abashment/MS abash/SDLG abate/DSRLG abated/U abatement/MS abater/M abattoir/SM Abba/M Abbe/M abbé/S abbess/SM Abbey/M abbey/MS Abbie/M Abbi/M Abbot/M abbot/MS Abbott/M abbr abbrev abbreviated/UA abbreviates/A abbreviate/XDSNG abbreviating/A abbreviation/M Abbye/M Abby/M ABC/M Abdel/M abdicate/NGDSX abdication/M abdomen/SM abdominal/YS abduct/DGS abduction/SM abductor/SM Abdul/M ab/DY abeam Abelard/M Abel/M Abelson/M Abe/M Aberdeen/M Abernathy/M aberrant/YS aberrational aberration/SM abet/S abetted abetting abettor/SM Abeu/M abeyance/MS abeyant Abey/M abhorred abhorrence/MS abhorrent/Y abhorrer/M abhorring abhor/S abidance/MS abide/JGSR abider/M abiding/Y Abidjan/M Abie/M Abigael/M Abigail/M Abigale/M Abilene/M ability/IMES abjection/MS abjectness/SM abject/SGPDY abjuration/SM abjuratory abjurer/M abjure/ZGSRD ablate/VGNSDX ablation/M ablative/SY ablaze abler/E ables/E ablest able/U abloom ablution/MS Ab/M ABM/S abnegate/NGSDX abnegation/M Abner/M abnormality/SM abnormal/SY aboard ...

Words: 113589 - Pages: 455