Issue, Rule, Analysis, Conclusion (IRAC)
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Issue, Rule, Analysis, Conclusion (IRAC)
Case One
Issue
Did H&B fail to warn Brandon of the increased risk of injury caused by the aluminum bat?
Rule
According to the law, one is obligated not only to inform the bat’s user about the risk accompanying the bat’s use but also other players since the bat is an indispensable part of the game. The other players, especially the ones supposed to catch, are the ones who are at high risk as compared to the batter, and therefore there is an obligation to notify them.
Analysis
Brandon died due to injuries caused by the aluminum bat, which was used by the batter. Unlike the common bats, the bat was made from aluminum. A baseball hit by an aluminum bat travels faster than one hit by a wooden rod, and therefore there was a need to warn the other players of this fact for them to be move fasters. H&B was aware of this since they alerted the person using the bat, but they failed to alert the other player who showed negligence (Ballas, 2018). If Brandon had been alerted, he would have been faster payable, and the injury would have most likely not occurred in the first place. Therefore they have a liability towards Brandon since a bat is a major part of the game. The court determined that since the company was aware that there was a risk associated with using an aluminum rod, they had an obligation to notify the other players aside from the batter. The court ruled in favor of the plaintiffs, and they were awarded 850000 dollars as compensation.
Conclusion
Montana’s supreme court states that the risk of harm accompanying the bat’s use extends to other players apart from the one hitting the ball. I agree with the court’s decision that the risk associated with the bat’s use extends beyond the player who holds the bat in his or her hands.
Case Two
Issue
Does the California act that restricts violent video games violate the First Amendment?
Rule
In case there are any challenges in applying the constitution, for instance, when two laws conflict matters relating to advancing technology, the basic principles of freedom of speech and press should always apply, for instance, in the first amendment which states that the law should not vary when a new and different medium for communication appears.
Analysis
Very many people play video games. The California act prohibits the sale or the rental of violent video games to persons who are considered minors. The cat considers violent games as those that include killings, dismembering, and maiming. The act is against violent games since some children may find the game whole and still take pleasure in doing all of the violent acts. This may influence their behavior and therefore, may pose a danger to the society in that they may end up committing those crimes. However, even the books that are read to children when they are young or those they are given to read also contain the same concepts, making it unfair for video games to be banned (Shanor, 2018). Other movies and books also have the same content and therefore have no difference with the video games. Therefore, the court ruled that the California act was in violation of the first amendment and granted to hear the video game and software, industry members.
Conclusion
The United States Supreme Court held that the California act that was in place, which prohibited the sale or rental of video games to minors, violated the first amendment. I agree with the court since the basic principles of freedom of speech, and the press was violated.
References
Ballas, J. (2018). U.S. Patent No. 10,111,477. Washington, DC: U.S. Patent and Trademark Office.
Shanor, A. (2018). First Amendment Coverage. NYUL, Rev., 93, 318.