Question: Develop an IRAC for the constitutional legal issues. Use proper labels for all parts of IRAC ISSUE: Single sentence which links parties and legal issue
Develop an IRAC for the constitutional legal issues. Use proper labels for all parts of IRAC ISSUE: Single sentence which links parties and legal issue through a triggering fact. RULE: Start with a General rule statement and expand outward to include elements of each rule. This may take several paragraphs to present a logical and clear progression of the rule. ANALYSIS: Present a fact summary which allows you to develop your analysis of how the rules and elements of law apply to the facts of this case. This is a logical process proceeding through rules and facts so that there is a thorough understanding of the application of law. Prior case law is cited and explained to support your analysis. CONCLUSION: A single sentence answering the question raised in the Issue Statement along with a because statement which provides a fact pivotal to the conclusion of legal application. Question 2 - 200 pts Extra Credit Judicial Requirements - Cyber jurisdiction Health Care Products, Inc. is a start-up Florida based pharmaceutical company. It is incorporated in Delaware, but its business offices, research department and production facilities are all located in Florida. Following Federal and State approvals for its new weight loss drug, Cal-Ban 3000, Health Care Products, Inc. began nationally marketing its new drug through newspaper advertisements After seeing an advertisement for the weight loss drug, Cal -Ban 3000, in a North Carolina newspaper, the wife of the plaintiff Douglas Tart, a North Carolina resident, purchased the drug for her husband from an online retail store operated by defendant Prescott Pharmacies, Inc., a North Dakota corporation. No more than a week after the plaintiff's beginning to take the drug had the plaintiff's colon ruptured. Seeking remedies for his injury, allegedly as the direct result of his ingesting Cal-Ban 3000, the plaintiff filed suit in a North Carolina state court against defendant Prescott Pharmacies; Health Care Products, Inc., a Florida corporation and maker of Cal-Ban 3000; CKI Industries, the Florida corporation that markets Cal-Ban 3000; and other defendants. In response to the action, defendants Health Care Products and CKI questioned whether the due process clause of the Fourteenth Amendment precludes the North Carolina court from exercising jurisdiction in this case given that they were not legal residents of North Carolina. Defendant Prescott went further and questioned jurisdiction not only in North Carolina, but also in Florida, presumably if the plaintiff should choose to refile in Florida in the future. Develop an IRAC for Judicial Requirement legal theory only.
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