Writing for the Legal

Reader: Legal Proofs and

Deductive Reasoning



Prof. Mathis Rutledge
Last week: case comparisons, synthesis
This week: IRAC and CREAC (legal proofs)
Drafting the discussion

Discussion section where pieces come
together
Social Host Liability
A social host is liable when the host serves alcohol
to a visibly intoxicated adult, and the person injures
a third party in a reasonably foreseeable manner or
when the host serves alcohol to a minor with
knowledge that the minor will drive.
A tavern owner is liable to an injured third party
when he serves alcohol to a visibly intoxicated adult
or someone the host knows is a minor.
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.
For example . . .
If someone tells you that hes going to
bring you a sandwich, and he brings you . .
.
this . . .


Hey, I still have to put
that together!
. . . or this . . .


Thats useless to
me.
. . . or this . . .



Holy moly! Thats my
sandwich?!

. . . youre going to be confused and a
little irritated because you thought you
were getting this:



Now thats a
sandwich.
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 information
within a certain order
When you fail to meet those expectations, the
reader will be left not only confused, but will
doubt your abilities
The Legal Memorandum
Has a standard format

The Memorandum
To
From
Re
Question Presented
Brief Answer
Statement of Facts
Discussion
Conclusion

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
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)

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 conclusion and brief reason
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
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 of
activities for which the owners use the
structure, as well as the frequency of those
activities and physical evidence of those
activities.
Textbook, appendix A pp. 524-25
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 as
the actual or constructive possession of the
car keys, and the defendants posture in the
seat.
From sample memo packet, student sample p. 3
Analysis is expected to be in a certain format
as well

The Process of
Legal Analysis
Is there a relevant statute?
Locate cases that have further defined the
elements in the statute
Have the cases created additional sub-issues?
Find the general rule usually through
synthesis (inductive reasoning looking at
specific cases to articulate a general
proposition of law)
Identify the Issues based on the
determinative facts
Now youre ready for Legal Analysis
Legal Analysis
Lawyers write in Legal Proofs
Based on Deductive Reasoning
Going from the general to the specific
Deductive Analysis
Involves going from the general to the
specific
General rule of law to specific facts
Begin rule of law and your conclusion
Analysis discuss the element at issue and
give a detailed evaluation of the law
Explain how the law applies to your client
Example
P. 3 sample memo
Thesis paragraph (1
st
full paragraph) rule of
law & conclusion
Analysis (rule explanation)- Transition
sentence that identifies issue - possession;
describes precedent;
Analysis (rule application) shows why the
case is precedent and how it applies to the
client
Deductive Writing Pattern
Overview Paragraph CR
Outline rule of law, identify issue
Thesis paragraph for each issue
Summarize both the issue & analysis CR
Explanation-explain rule of law
Factors, holding, etc.
Analysis/Application Apply
rule to client & evaluate
opposing arguments
Conclusion
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
What is IRAC? What about
CREAC?
Acronym
Most common legal proof
Gives a pattern for structuring and organizing
legal analysis
Helpful in drafting legal memoranda, briefs,
exam answers

IRAC
Dont think in terms of sentences but
Sections in your memo (paragraphs)
IRAC each disputed issue
I - IRAC
Issue identifying 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

Issue
Identifies specific problem
Sets out the dispute between the parties
Include client facts
Written in terms of relevant law and facts of
the situation
Issue must be defined
narrowly
If you state the issue as a broad question the
corresponding rule will be unfocused, and your
analysis will be very general.

Ex: Does Smith have a claim for negligent infliction of
emotional distress [too broad]
When an issue is narrowly-framed it results in a
more focused analysis.
Narrow Legal Issues

Did Smith have a sensory and contemporaneous
observation of the accident
Did Smith suffer emotional distress as a result
R- IRAC
Rule
Expressly stated
Synthesized from holdings in several cases
Write a precise rule statement for every legal
issue
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
A- IRAC
Analysis/Application
(2 parts explain & apply)

Support/validate the rule
Quote or explain the rule
Describe facts/holding/reasoning in the
multiple cases
Apply the rule has it been satisfied
Is it supported by the case comparisons
(based on stare decisis)

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
Explanation or
Support for the Rule
Purpose: give the reader information to understand the
rule application
To understand how the rule applies to your facts, the
reader must understand how the rule has applied to
similar facts
Explain rules purpose, policies, past application
Does not mean everything about the rule, limit
explanation to information pertaining to client
Explain
When describing precedent you must identify
1. the holding
2. all the facts necessary to the courts
decision in a logical way that tells the story
3. the courts reasoning
A bare bones holding is insufficient because
it lacks the specific essential facts to allow
the reader to make her own analysis
Example: barebones rule
explanation
The Michigan Court of Appeals held that a
surrogate parentage contract is void and
unenforceable if the surrogate receives
compensation for the termination of parental
rights (Doe v. Attorney General). This
decision protects the natural rights of the birth
mother and protects public policy issues of
turning babies into commodities to be bought
and sold
Part II of Analysis:
Application
Apply each point from the rule explanation
Compare cases and 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
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
Application & the syllogism
Syllogism logical argument where
conclusion is inferred from 2 premises
Underlying syllogism pattern
Major premise + Minor premise = conclusion
Major premise All men are mortal
Minor premise Socrates is a man
Conclusion Therefore, Socrates is mortal

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 intoxicated
person 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.
C- IRAC
Conclusion
Beginning & End of the legal proof
Predicts the outcome
Tie the points together based on law and
facts.
Short, but important.
IRAC in exam writing
Issue - identify the issue issue spotting
Rule - state the rule of law
Analysis - apply the law to the facts (case
comparisons)
Conclusion - state your conclusion, does the
rule apply to your fact situation
IRAC in Legal Writing
State your conclusion
Issue identify the issue to be analyzed
Rule state the applicable rule
Rule Support Validate the rule by citing and
discussing the cases you relied upon
Analysis apply the rule to the facts of your
case
Case Comparison Validate analysis by showing
that your case is analogous to the rule cases or
distinguishable
Conclusion predict how a court will resolve
the issue
IRAC Example
Back of Notes Page
CREAC an improved IRAC
Conclusion state your conclusion about the
issue
Rule state the applicable rule of law
Explanation Explain the rule
Application Apply the rule to clients facts
Conclusion Restate your conclusion
IRAC vs. CREAC
Issue
Rule
Rule Support
Application/Analysis
Case Comparison
Conclusion
Conclusion
Rule
Explanation
Application/Analysis
Conclusion
Legal Proof Alphabet
Starting with the end
Conclusion
Legal readers are impatient, want the
bottom line
Starting with the conclusion puts the
analysis into context
You can rephrase the conclusion and use
it as a section heading
Will help you draft thesis & overview
paragraph
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

Putting it Together
Legal Proofs are in the
discussion section of
the memo
Conclusion and Rule
should be in the thesis
and overview
(umbrella) paragraphs
Followed by
Explanation and
Analysis