For this project I would like a sheet that contains 750 words and make a power point with which I can present a maximum of 5 slides

Assignment 3 Assignment #3 (Due Date as Assigned) Case Brief/In-Class Presentation Email to [email protected] (Approximately 750 Words/3 pages double-spaced and Five Minute In-Class Presentation) During the semester, each student will be assigned one important land-use planning case. The assignment of each case will coincide with our discussion of the planning topic from the syllabus. For example, a “general plan” case will be assigned for the general plan section. The goal is for one at least one student to present one case each week. The student will be expected to read the entire case and then prepare a concise written summary of the case using the IRAC method. “IRAC” stands for Issue, Rule, Application, and Conclusion. This method of analysis is commonly used in law schools and is a helpful way to organize a case. I have attached a summary of the IRAC method provided by Cal-State Northridge. I would expect each student’s “IRAC” analysis to be at least approximately 500 words or two written pages but it could be longer. Based upon the student’s written summary or “brief” of the case, the student will present the case in class. This oral presentation will be approximately five minutes. The written summary will be due the same class period as the oral presentation. The student’s grade will be based roughly equally on the paper and the in-class presentation. mailto:[email protected] How to Brief a Case Using the "IRAC" Method When briefing a case, your goal is to reduce the information from the case into a format that will provide you with a helpful reference in class and for review. Most importantly, by "briefing" a case, you will grasp the problem the court faced (the issue); the relevant law the court used to solve it (the rule); how the court applied the rule to the facts (the application or "analysis"); and the outcome (the conclusion). You will then be ready to not only discuss the case, but to compare and contrast it to other cases involving a similar issue. Before attempting to "brief' a case, read the case at least once Follow the "IRAC" method in briefing cases: Facts* V/rite a brief summary of the facts as the court found them to be. Eliminate facts that are not relevant to the court's analysis. For example, a business's street address is probably not relevant to the court's decision of the issue of whether the business that sold a defective product is liable for the resulting injuries to the plaintiff. However, suppose a customer who was assaulted as she left its store is suing the business. The customer claims that her injuries were the reasonably foreseeable result of the business's failure to provide security patrols. If the business is located in an upscale neighborhood, then perhaps it could argue that its failure to provide security patrols is reasonable. If the business is located in a crime-ridden area, then perhaps the customer is right. Instead of including the street address in the case brief, you may want to simply describe the type of neighborhood in which it is located. (Note: the time of day would be another relevant factor in this case, among others). Procedural History* What court authored the opinion: The United States Supreme Court? The California Court of Appeal? The Ninth Circuit Court of Appeals? (Hint: Check under the title of the case: The Court and year of the decision will be given). If a trial court issued the decision, is it based on a trial, or motion for summary judgment, etc.? If an appellate court issued the decision, how did the lower courts decide the case? Issue What is the question presented to the court? Usually, only one issue will be discussed, but sometimes there will be more. What are the parties fighting about, and what are they asking the court to decide? For example, in the case of the assaulted customer, the issue for a trial court to decide might be whether the business had a duty to the customer to provide security patrols. The answer to the question will help to ultimately determine * This applies to case brieß only, and not exams. Use the IRAC method in answering exams: Issue/Rule/Analysis/Conclusion, whether the business is liable for negligently failing to provide security patrols: whether the defendant owed plaintiff a duty of care, and what that duty of care is, are key issues in negligence claims. Rule(s): Determine what the relevant rules of law are that the court uses to make its decision. These rules will be identified and discussed by the court. For example, in the case of the assaulted customer, the relevant rule of law is that a properfy owner's duty to prevent harm to invitees is determined by balancing the foreseeability of the harm against the burden of preventive measures. There may be more than one relevant rule of law to a case: for example, in a negligence case in which the defendant argues that the plaintiff assumed the risk of harm, the relevant rules of law could be the elements of negligence, and the definition of "assumption of risk" as a defense. Don't just simply list the cause of action, such as "negligence" as a rule of law: What rule must the court apply to the facts to determine the outcome? Applicatio n/A na lys is : This may be the most important portion of the brief. The court will have examined the facts in light of the rule, and probably considered all "sides" and arguments presented to it. How courts apply the rule to the facts and analyze the case must be understood in order to properly predict outcomes in future cases involving the same issue. What does the court consider to be a relevant fact given the rule of law? How does the court interpret the rule: for example, does the court consider monetary costs of providing security patrols in weighing the burden of preventive measures? Does the court imply that if a business is in a dangerous area, then it should be willing to bear a higher cost for security? Resist the temptation to merely repeat what the court said in analyzing the facts: what does it mean to you? Summarize the court's rationale in your own words. If you encounter a word that you do not know, use a dictionary to find its meaning. Conclusion What was the final outcome of the case? In one or two sentences, state the courl's ultimate finding. For example, the business did not owe the assaulted customer a duty to provide security patrols. Note: "Case briefing" is a skill that you will develop throughout the semester, Practice will help you develop this skill. Periodically, case brieß will be collected for purposes of feedback. At any time, you may submit your case brief(s) for feedback. Print.pdf Footnotes 1 The 2013 HUD article further explains that inclusionary zoning or housing programs “vary in their structure; they can be mandatory or voluntary and have different set-aside requirements, affordability levels, and control periods. Most [inclusionary zoning] programs offer developers incentives such as density bonuses, expedited approval, and fee waivers to offset some of the costs associated with providing the affordable units. Many programs also include developer opt-outs or alternatives, such as requiring developers to pay fees or donate land in lieu of building affordable units or providing the units offsite. Studies show that mandatory programs produce more affordable housing than voluntary programs, and developer opt-outs can reduce opportunities for creating mixed-income housing. At the same time, [inclusionary zoning's] reliance on the private sector means that its effectiveness also depends on the strength of a locality's housing market, and researchers acknowledge that a certain degree of flexibility is essential to ensuring the success of [inclusionary zoning] programs.” (2013 HUD Inclusionary Zoning, supra, at p. 1, fns. omitted.) 2 For example, Government Code section 65589.5, subdivision (f)(1), a provision of the Housing Accountability Act, provides in this regard, in part: “Nothing in this section shall be construed to prohibit a local agency from requiring the development project to comply with objective, quantifiable, written development standards, conditions, and policies appropriate to, and consistent with, meeting the jurisdiction's share of the regional housing need pursuant to Section 65584.” Similarly, although the legislative history of the density bonus law, Government Code section 65915, discloses a disagreement among supporters of the law with regard to how that statute would apply to developers subject to a local mandatory inclusionary housing ordinance, that history makes clear that there was agreement that the density bonus law “does not preempt the ability [of] local ordinances to require the inclusion of affordable (low, very low, or moderate- income) units within a housing development.” (Sen. Hollingsworth, letter to Sen. Pereira (Aug. 25, 2005) –––– Sen. J. (2005–2006 Reg. Sess.) pp. 2293–2294 [legislative intent of Sen. Bill No. 435 (2005–2006 Reg. Sess.) and Sen. Bill No. 1818 (2003–2004 Reg. Sess.) ], reprinted at Historical and Statutory Notes, 36D West's Ann. Gov.Code (2009 ed.) foll. § 65915, pp. 233–234; see Assemblymember Mullin, letter (Sept. 8, 2005) 3 Assem. J. (2005–2006 Reg. Sess.) pp. 3670– 3671 [same], reprinted at Historical and Statutory Notes, 36D West's Ann. Gov.Code, supra, at p. 234.) 3 California statutes generally define the various low and moderate income levels by reference to the levels set by federal law, but in the absence of applicable federal standards, extremely low income households are defined as those earning no more than 30 percent of the area median income (adjusted for family size) (Health & Saf.Code, § 50106); very low income households are defined as those earning no more than 50 percent of the area median income (id., § 50105); lower income households are defined as those earning no more than 80 percent of the area median income (id., § 50079.5); and moderate income households are defined as those earning less than 120 percent of area median income. (Id., § 50093.) 4 The statute also requires that when new (or substantially rehabilitated) dwelling units are developed in a redevelopment project by the redevelopment agency itself, at least 30 percent of the units must be affordable to low or moderate income families. (Health & Saf.Code, § 33413, subd. (b)(1).) 5 Hereafter, we shall cite sections of the ordinance using the following format, e.g., S.J.M.C. § 5.08.010. The ordinance is available online at < https://www.municode.com/library/ca/san_jose/codes/code_of_ordinances=""> [as of June 15, 2015]. 6 In addition to requiring 15 percent of for-sale units to be made available at an affordable housing cost, with respect to rental residential development the ordinance requires 9 percent of the units to be made available for rent at an affordable housing cost to moderate income households, and 6 percent of the units to be made available at an affordable housing cost to very low income households. (S.J.M.C. § 5.08.400 A.2.) The provision relating to rental units, however, explicitly provides that it “shall be operative [only] at such time as current appellate case law in Palmer/Sixth Street Properties, L.P. v. City of Los Angeles, 175 Cal.App.4th 1396, 96 Cal.Rptr.3d 875 (2d Dist.2009) is overturned, disapproved, or depublished by a court of competent jurisdiction or modified by the state legislature to authorize control of rents of inclusionary units.” (Ibid.) In the 2009 decision in Palmer/Sixth Street Properties, L.P. v. City of Los Angeles, supra, 175 Cal.App.4th 1396 1410– 1411, 96 Cal.Rptr.3d 875 (Palmer/Sixth Street Properties ), the Court of Appeal held that the vacancy decontrol provisions of the Costa–Hawkins Rental Housing Act (Civ.Code, § 1954.53, subd. (a))—that permit residential landlords, except in specified circumstances, to establish the initial rental rate for a dwelling or unit—precluded the City of Los Angeles from enforcing a provision of its mandatory inclusionary housing ordinance that required the developer of a residential rental development to rent some of the rental units at a specified below market, affordable rental rate. The provision of the San Jose ordinance in question recognizes that unless Palmer/Sixth Street Properties is judicially overturned or legislatively modified, the provisions of the San Jose ordinance applicable to rental units, limiting the initial rent that a developer can charge for a newly constructed residential rental unit, cannot be enforced. Although, in light of Palmer/Sixth Street Properties, the provisions of the ordinance are not operative as to new rental units, when a residential development includes both for-sale and rental units, the ordinance provides that its provisions applicable to for-sale units shall apply to the portion of the development that consists of for-sale units. (S.J.M.C. § 5.08.440.) 7 The density bonus provisions of Government Code section 65915 are very detailed, specifying a variable bonus depending upon the household income category to be served (very low income, low income, moderate income) and the percentage of units the developer agrees to include in its proposed project. (Gov.Code, § 65915, subd. (f).) 8 Health and Safety Code section 33413, subdivision (c)(1) provides that affordable units shall remain available at affordable cost for not less than 45 years for home ownership units. Health and Safety Code section 33413, subdivision (c)(2) allows the sale of such units prior to