legal proofs and irac

8/11/2019 Legal Proofs and IRAC

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Writing for the Legal

Reader: Legal Proofs andDeductive Reasoning

Prof. Mathis Rutledge


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Last week: case comparisons, synthesis

This week: IRAC and CREAC (legal proofs)

Drafting the discussion

Discussion section where pieces cometogether


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Consider the Sandwich

People know what a sandwich is.

People have specific expectations of a

sandwich. When those expectations arent met, the

recipient is left confused, or worse, irritated.

Sandwich example and clip art adapted with permission from Professor Tracy McGaugh

presentation on Organizing the Analysis, 2002-03.


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For example . . . If someone tells you that hes going to

bring you a sandwich, and he brings you . .

.


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this . . .

Hey, I still have to putthat together!


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. . . or this . . .

Thats useless tome.


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. . . or t h i s. . .

Holy moly! Thatsmy

sandwich?!


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. . . youre going to be confused and a

little irritated because you thought youwere getting this:

Now thatsa

sandwich.


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The same is true for legal

writing

Its not enough to have all the parts there

Legal writing has a certain structure

Legal readers expect to receive informationwithin a certain order

When you fail to meet those expectations, the

reader will be left not only confused, but will

doubt your abilities


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The Legal Memorandum

Has a standard format


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The Memorandum To

From

Re Question Presented

Brief Answer

Statement of FactsDiscussion Conclusion


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Sample Memos

Notice 6 parts

Address

Question Presented

Identify specific legal issues Brief Answer

Brief conclusion to the legal issues

Statement of Facts

Discussion Analysis, Rules of Law

Conclusion


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The Discussion

Largest part of the memo

Introduce the issue (thesis paragraph)

Explain the law (synthesized rule; factors) Apply the law (case comparisons)

Conclusion (prediction)


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Start from the Beginning

Thesis Paragraph

Introduces the subject to the reader

Puts things in context for the reader

Explains the purpose of the memo or section

Introduces the issues and the order

States your conclusionand brief reason


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Thesis Statements

Every issue should begin with a thesis

statement

Statement about the issue & your conclusion

Follow the statement by an identification of

the factors


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Examples of Thesis

sentences

The Stripes garage is a living quarters in

which Michael Stripe actually resides.

When determining whether a structure is a

living quarters, courts evaluate the type ofactivities for which the owners use the

structure, as well as the frequency of those

activities and physical evidence of thoseactivities.

Textbook, appendix A pp. 524-25


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Example thesis sentences

The circumstances of Ms. Lushs case prove

that she was in physical control of her vehicle

after she pulled off the road. The courts

determine physical control by factors such asthe actual or constructive possession of the

car keys, and the defendants posture in the

seat. From sample memo packet, student sample p. 3


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Analysis is expected to be in a certain format

as well


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The Process of

Legal Analysis

Is there a relevant statute?

Locate cases that have further defined theelements in the statute

Have the cases created additional sub-issues? Find the general ruleusually through

synthesis (inductive reasoninglooking atspecific cases to articulate a general

proposition of law) Identify the Issues based on the

determinative facts

Now youre ready for Legal Analysis


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Legal Analysis

Lawyers write in Legal Proofs

Based on Deductive Reasoning

Going from the general to the specific


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Deductive Analysis

Involves going from the general to the

specific

General rule of law to specific facts

Beginrule of law and your conclusion

Analysisdiscuss the element at issue and

give a detailed evaluation of the law

Explain how the law applies to your client


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Deductive Writing Pattern

Overview ParagraphCR

Outline rule of law, identify issue

Thesis paragraphfor each issue

Summarize both the issue & analysis CR

Explanation-explain rule of law

Factors, holding, etc.

Analysis/Application

Applyrule to client & evaluate

opposing arguments

Conclusion


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Legal Proofs

Pattern

Justify your conclusion through the organization

of your analysis

Based on Deductive Analytical Pattern

Progresses from broad conclusion to specific

illustration of why conclusion is sound


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What is IRAC? What about

CREAC?

Acronym

Most common legal proof

Gives a pattern for structuring and organizinglegal analysis

Helpful in drafting legal memoranda, briefs,

exam answers


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IRAC

Dont think in terms of sentences but

Sections in your memo (paragraphs)

IRAC each disputed issue


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I - IRAC

Issueidentifying the issue Should be narrowly framed

Present in a focused precise topic sentence Question how/whether the law applies to your

client

Use the elements & facts to define


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Issue must be defined

narrowly

If you state the issue as a broad question thecorresponding rule will be unfocused, and youranalysis will be very general.

Ex: Does Smith have a claim for negligent infliction ofemotional distress [too broad]

When an issue is narrowly-framed it results in amore focused analysis.

Narrow Legal Issues

Did Smith have a sensory and contemporaneousobservation of the accident

Did Smith suffer emotional distress as a result


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R- IRAC

Rule Expressly stated

Synthesized from holdings in several cases Write a precise rule statement for every legal

issue


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Rule

Give the pertinent facts of the precedent

Legal readers need context

Shows relevance to the facts for independent

comparison

Include the reasoning

If statutory rule, use the precise language


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A- IRAC

Analysis/Application (2 parts explain & apply)

Support/validate the rule

Quote or explainthe rule

Describe facts/holding/reasoning in the

multiple cases

Apply the rulehas it been satisfied

Is it supported by the case comparisons

(based on stare decisis)


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Part I of Analysis:

Explanation/Rule Support

Shows that rule has legal basis

Can be simply explaining the rule and giving

a cite

If synthesized rule, show correct synthesis

describe holding, reasoning, essential facts

identify factors


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Part II of Analysis:

Application

Apply each point from the rule explanation

Compare casesand explain how similarities or

differences explain your point

Explain why the analogies & distinctions are significant

Use descriptive facts, not conclusions when

applying the law to facts

Identify unknown facts that would be important to

resolution

Include opposing arguments


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Analysis/Application

Important considerations

Write for the uninformed reader

is the rule met

use the language of the rule dont forget underlying purpose - stare decisis &

precedent

are the statements supported by case comparisons

case comparisons must be based on essential facts Is the reasoning behind the rule appropriate for clients case

Compare and contrast the facts of the case to the clients

case


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Application & the syllogism

Syllogismlogical argument where

conclusion is inferred from 2 premises

Underlying syllogism pattern

Major premise + Minor premise = conclusion

Major premiseAll men are mortal

Minor premiseSocrates is a man

ConclusionTherefore, Socrates is mortal


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Compare to IRAC

A rule (major premise) is applied to a specific

fact situation (minor premise) to reach a

conclusion

Major premise

A social host who serves alcohol to a visibly intoxicatedperson is liable for the injuries that visible intoxicated

person causes.

Minor premise

Johnny Mitchell is a social host who served alcohol to a

visibly intoxicated person who later caused injuries to

another

Conclusion

Johnny Mitchell is liable for the injuries caused by that

visibly intoxicated person.


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C- IRAC

Conclusion Beginning & End of the legal proof

Predicts the outcome Tie the points together based on law and

facts.

Short, but important.


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IRAC in exam writing

Issue- identify the issueissue spotting

Rule- state the rule of law

Analysis- apply the law to the facts (casecomparisons)

Conclusion- state your conclusion, does the

rule apply to your fact situation


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IRAC in Legal Writing

State your conclusion

Issueidentify the issue to be analyzed

Rulestate the applicable rule

Rule SupportValidate the rule by citing anddiscussing the cases you relied upon

Analysisapply the rule to the facts of yourcase

Case ComparisonValidate analysis by showingthat your case is analogous to the rule cases ordistinguishable

Conclusionpredict how a court will resolvethe issue


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IRAC Example

Back of Notes Page


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CREACan improved IRAC

Conclusionstate your conclusion about the

issue

Rulestate the applicable rule of law

ExplanationExplain the rule

ApplicationApply the rule to clients facts

ConclusionRestate your conclusion


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IRAC vs. CREAC

Issue

Rule

Rule Support

Application/Analysis Case Comparison

Conclusion

Conclusion

Rule

Explanation

Application/Analysis

Conclusion

Legal Proof Alphabet


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Starting with the end

Conclusion

Legal readers are impatient, want thebottom line

Starting with the conclusion puts theanalysis into context

You can rephrase the conclusion and use

it as a section heading Will help you draft thesis & overview

paragraph


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Conclusion/Issue

Conclusion and issue are combined and

found in Overview or thesis paragraphs

To find the issue

find cases, group of cases or statutes that sets

forth the elements

use elements to identify the issues


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Putting it Together

Legal Proofs are in thediscussion section ofthe memo

Conclusion and Ruleshould be in the thesisand overview(umbrella) paragraphs

Followed by

Explanation andAnalysis

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