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BUSINESS LAW

LEGAL RESEARCH PAPER

The objective of this project is to familiarize the student with applicable legal
restraints on business. It is important that each prospective business manager
be able to locate applicable law regulating the business activity; be able to
understand the goal sought by the legislation; be able to understand and apply
current interpretation of such legislation; and be able to conform decisional
activity to the requirement imposed by such legislation.
Note: Students can only do legal research on California Statutes (codes)

The structure and organization of the legal research is the following:

I. INTRODUCTION. There should be a general statement about the


legislation one is about to do research on. Why is this topic important
to you? How are you going to approach this topic? One should
consider, that the introductions is designed to captivate the interest of
the reader while at the same time providing the reader a basic outline
on how one is going to approach this topic.
II. LEGISLATION. The student is to write the law as it exactly appears in the
California Codes. The code in the research project should mirror the
code as it appears in the federal codes. Remember, the purpose of
electing representative in the legislature is to empower them to make
the law. We in society merely respond to the law. Do not interpret or
give impressions about the law in the legislative section of this paper.
III. RATIONALE. Whenever a law is written, the law itself must satisfy the
“due process” standard of the 5Th and 14Th amendment. This means
that the law cannot be arbitrary, capricious or unreasonable.
Furthermore, due process requires that there be some evidence that
the law went through a deliberative and rational process. Therefore,
the law must have a purpose, goal or rationale. Student must state the
purpose, goal or rationale of the law.
IV. SUBSEQUENT CASE ANALYSIS. Students are to select one case that
is relevant to the code in question (it is advisable that the student go to
the “notes on decision’ to ascertain relevant cases under the code
section). Students are to brief the case by applying (FILAC). Also, the
students are to properly title the case. If the statute or subject is new
and there are no relevant cases, students are advised to go to law
journals articles (easily accessible in west law) and select two articles
relevant to the subject at hand. The student is to properly cite the
journal article and do a one page summary of the article.
V. CONCLUSION. The conclusion will consist of two parts:
a. SOCIAL IMPACT. In this section of the conclusion the student will
explore as to whether or not the legislation is accomplishing its
goal? Is there significant controversy about the legislation? In
other words, what is the social attitude about the legislation.
b. PERSONAL OPINION. This section of the conclusion, the student
provides their respective personal opinion of the legislation. In this
section the student might explore how the law affects that person
individually? Are there any ethical or moral opposition to the law?

FINAL DRAFT DUE December 5, 2016 March 19, 2015.

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