03 Jul PRACTICE IRAC
Course outcome addressed in this Assignment:
Use principles of sound reasoning.
Instructions
This week you will use the IRAC paradigm to discuss the legal issues raised by your clients fact pattern. Draft a IRAC Brief that:
- States the issue
- Identifies and explains the rule that governs that issue
- Applies the rule to your clients facts
- Concludes with a prediction about how the issue will be decided
Joe Smith was driving from his home in Little Rock, AR, to Bentonville, AR. Traveling with him was his dachshund, Zippy. Zippy was riding in the back seat of Joes car. When Joe stopped at a highway rest stop, he opened the door to let Zippy take a bathroom break but did not put Zippys leash on. Zippy jumped out of the car and ran into the woods, and Joe was unable to find her. According to the statute and case below, has Joe committed the offense of Cruelty to Animals?
A person commits the offense of cruelty to animals if he or she knowingly abandons an animal at a location without providing for the animals continued care. Ark. Code Ann. § 5-62-103 (West).
An act or failure to act is “knowingly done” if done voluntarily and intentionally and not because of mistake or accident or some other innocent reason. Sewell v. United States, 406 F.2d 1289 (8th Cir. 1969).
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