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Irac Case Study

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Submitted By nehadol
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IRAC Case Study
LAW 531

Case Summary Superstar Kim Kardashian was victorious in a legal battle with her estranged husband Kris Humphries. Kris Humphries demanded access to view emails Kim Kardashian had in a closed e-mail account. These e-mails were personal private property of Kim Kardashian’s and not a marital asset or a real asset. Because this was not a business situation, Kris Humphries could not claim he had rights to Kim’s personal e-mails. Cheeseman (2013) states, real property is immovable or attached to immovable land or buildings, whereas personal property is movable. In this situation, the e-mail account in question is personal property. According to FindLaw (2013), E-mail privacy is derived from the Fourth Amendment to the U.S. Constitution and is governed by the "reasonable expectation of privacy" standard.

Rule Cheeseman (2013) states, "The law protects the rights of owners of personal property to use, sell, dispose of, control, and prevent others from trespassing on their rights." In the divorce case of Kardashian vs. Humphries the personal property belonged to one party of a divorce and does not belong to the other party. It is lawful for the owner of the personal party to prevent the other party from trespassing on their rights. In the case of divorce a party who wants access to the other party's personal property does not have a legal right to it. If this was a business managerial setting the electronic communication would be consider the company's property because the communication was created and stored using the company's network and computer equipment. This gives the company a legal right and owner ship to an employee's electronic communication. The case between Kris Humphries and reality star Kim Kardashian is upsetting for the soon to be mom Kim. Kris Humphries believed that the e-mails in Kim’s closed e-mail

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