A rule is provided for each scenario below. You can find a case to interpret that rule and to assist you in completing your IRAC analysis when needed but be sure you cite the case(s) used to support your analysis.Be sure to use and cite the rule provided for all your questions. In addition, find the most current version of the rule and cite that you are looking up the most current rule and indicate if there are any changes in the rule provided in this document versus the current rule found on Westlaw.

For questions 3 and 5 you first must use the rule provided and then find the most current version of the rule too and complete IRAC analysis for both the rule provided and the most current version of the rule. Be sure to do the math for question 5.

For each question follow the instructions in this document and in each question below to complete a paragraph using IRAC analysis.

1. MCL 500.3135 Tort liability for noneconomic loss; "serious impairment of body function" defined.

(1) A person remains subject to tort liability for noneconomic loss caused by his or her ownership, maintenance, or use of a motor vehicle only if the injured person has suffered death, serious impairment of body function, or permanent serious disfigurement.

Our client was injured in a car accident. He suffered a serious scar on his face lost a foot.

Please complete a simple IRAC paragraph concluding whether or not our client can pursue noneconomic loss in a lawsuit against the driver that caused the accident. Find and cite a case as part of your IRAC analysis.

2. MCL 552.9 Judgment of divorce; residency requirement; exception.

(1) A judgment of divorce shall not be granted by a court in this state in an action for divorce unless the complainant or defendant has resided in this state for 180 days immediately preceding the filing of the complaint [.]

Our client moved to Michigan on September 10th, 2022. She wants to file for divorce as soon as possible.

Please complete a simple IRAC paragraph indicating the earliest date we can file on the client's behalf. Be sure to specifically indicate the date. Please find and cite court rules that help you determine how to calculate time in Michigan as part of your analysis and you can find and cite a case to support your analysis too.

3. Burglary, at Common Law, was the trespasser breaking and entering of the dwelling of another at night with an intent to commit a felony therein.

Our client was arrested and charged with burglary. He went to his ex-girlfriend's house at 10am when he knew she would be at work. There was a restraining order against him that stated he could not be on the premises. He broke a window and entered his ex-girlfriend's house. When arrested, he told the police, "I just wanted to get my belongings."

Please complete a simple IRAC paragraph stating whether the client could be convicted at trial under the Common Law rule of burglary. Next find and cite the current statute for Burglary in Michigan and complete an IRAC analysis indicating whether the client could be convicted for Burglary at trial under the current Michigan statute. You can find and cite a case to support your analysis. Be sure to cite the statute and cases used as part of your analysis.

4. Copyright infringement is the use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works.

Our client downloaded the movie "Malcolm X" on a bit torrent program. He then let the program running and, and as a result his computer shared the movie file with 100 other individuals.

Please complete a simple IRAC paragraph stating whether the client committed copyright infringement y and analyze which exclusive rights were violated.

5. Under the initial version of the Affordable Care Act, you only have a set amount of time each year to sign up for health insurance. Outside of this period, you'll be assessed a penalty if you do not have insurance. In 2016, the penalty fine is $695 per uninsured adult and $347.50 per uninsured child, per household, or 2.5 percent of your family's taxable income, whichever is greater.

Our client is the head of a household of 5 people; two adults and 3 children. He failed to get health insurance for 2016. The household's taxable income is $115,000.00.

Please complete a simple IRAC paragraph stating the amount of the client's penalty. Next, find the current version of the Affordable Care Act and analyze what the penalty would be today. 

Answer rating: 100% (QA)

Under MCL 5003135 a person remains subject to tort liability for noneconomic loss caused by their ow... View the full answer