Business Law Unit 2 Case 7.1, United States v. Park

| April 14, 2018

1) Brief the case.The case is Case 7.1, United States v. Park, on pp. 155-156. Be sure to follow
the format of the sample brief from Unit One. Additional material that might help,
with the brief is included in the Unit Two Course Materials.,
example of format from unit 1…There is a sample “brief” of Case 1.1 on p. 8. That,
is a good example and it shows the correct format. We’ll be using the same format,
each week, so it’s worth the time to become familiar with it. For the Unit 1
assignment, here’s an outline that works, along with some comments:Name of case: The
name of the case is given in the textbook.Court: Use the name of the court that had,
the final decision in the case.Citation: The citation is given in the case in the,
textbook. Parties and their roles: There are usually two parties each case. ,
Identify them and indicate which party is the plaintiff and which is the,
defendant.Facts: The facts are covered in the case in the textbook. Summarize the,
relevant facts in your own words, using citations to the case as needed.Issues: The
issues are also identified in the textbook. As with the facts, summarize the
relevant issues in your own words, using citations and references as needed.District
Court decision: Briefly summarize the decision of the District Court.Court of,
Appeals decision: Briefly summarize the decision of the Court of Appeals.Supreme,
Court decision: Briefly summarize the final decision of the Supreme Court.Reasoning:,
This is the only part of the brief that is likely to exceed two or three sentences. ,
Summarize the reasoning of the court that had the final decision in the case, and
explain why they reached the verdict that they did. In Unit 1, you will be
describing the reasoning of the Supreme Court, as written by Justice Souter.2)
Discuss the legal reasoning that led the trial court to convict Mr. Park. What logic
and legal principles were used?The case states that the company (Acme) pleaded
guilty but does not state that in the original case Mr. Park was charged separately
and pleaded not guilty. The case states that Park was found guilty and fined $500,
that the appeals court overturned the conviction, and then describes FDA’s appeal to
the Supreme Court. Little about the original trial is provided, so I added a
document to the Unit 2 Course Materials that contains the Supreme Court’s summary of
the original trial. It is about 1 ½ pages long.

3) What was the logic that the appeals court used to reach the conclusion that the
conviction was in error?Like the original trial, little about the appeal is included
in the case. I added a document to the Unit 2 Course Materials that contains the
Supreme Court’s summary of the appeal. It is about half a page.

4) Assume that you are the legal director for Acme and the CEO has asked you to
formulate a policy to avoid a repeat of the situation?This one is asking for you to
develop a policy that would avoid other problems with the Food and Drug
Administration. It is NOT meant to focus specifically on rat control.

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