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Friday, January 12, 2018

Essay Blueprint

For every issue that you spot in your initial read-through of the fact pattern, you should create an IRAC to analyze the issue. So, for example, if you spot 7 issues in the initial read-through, you should create 7 IRAC’s to analyze all those issues.

And each IRAC should contain the following.

(1): A Statement of the Issue.  Essentially, you want the grader to know the legal question that you'll next be attempting to answer with your analysis. You should be concise with the issue statement; the idea here is merely to allow the graders to know that you’ve spotted an issue that they have placed into the facts.

(2): Rule Statements: In the same paragraph in which you've stated your issue you should state all of the law that you will later need to analyze the issue. The key here is not to just write all the law you've learned on a given topic. Add only the rules you’ll need to later analyze the facts and be sure not to leave out any rules you'll need for your later analysis. I sometimes analogize this to bringing tools to a job. You wouldn't want to bring tools you don't need and you wouldn't want to forget to bring tools that you do need. Of these potential problems, though, it's worse to forget rules that you'll need than it is to add rules that you won't need. You'll lose points for the former but you'll only time for the latter. Then skip a line.

(3): Analysis of the Facts: Analyze the facts using the rules you’ve stated in step 2 above. First, provide the graders with transition words such as “here,” or “as per the facts,” or “in this case.” The words aren’t important but it’s important that you let the graders know that you are moving on from stating the law to analyzing the facts. Then begin to analyze. This is where many of the points are earned; you want to use the rules that you previously wrote down in step 2 and attach them to the facts provided so that you can solve the issue that you stated in step 1. Try not to state conclusions here (this can be tough!). Instead guide the grader as to the arguments that the sides to this conflict will make and how they'll use the rules from step 2 above to bolster their arguments. Analyze rather than advocate. You'll be able to state how you believe the issue will be resolved in the next step. Then skip a line.

(4): The Conclusion: Provide the graders with another transition word such as “thus,” “therefore,” or “accordingly,” and then draw a likely or probable conclusion that follows from your analysis in step 3.

A very simple example:
The issue is whether x committed a battery against y. Battery is the intentional harmful or offensive contact with another with causation. Contact is harmful if it causes injury or pain and it is offensive if it would be considered offensive by a reasonable person. The contact with the plaintiff can include anything connected to the plaintiff.

Here, we are told in the facts that y suffered an injury after x forcefully shoved y into the wall. This contact which was direct against y since x shoved y would likely be deemed harmful since y was injured when he broke his arm. X might claim that even if y was subjectively offended by this contact, a reasonable person in y's position would not have felt offended. We're told, however, that the contact was forceful, and a reasonable person is likely to have been offended by a forceful contact directed at that person. In addition, it is not disputed that the injury to y was caused only by x’s act of shoving y into the wall.

Thus, because contact was made directly from x to y, and because x caused y harm by acting in a way that was both harmful and offensive, it is likely that a court would find that a battery was committed. 

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