Tuesday, October 19, 2010

Building the Rule and Analysis Sections of an IRAC

Professors have started to give midterms, and it is time to really focus on the details of what should be included when writing a law school exam -- by this point in your law school career, you have heard one way to approach writing an exam is by using the IRAC format, and you probably know what that means. But, within the IRAC format, being able to properly articulate the rule of law and sufficiently analyze the facts from the hypothetical takes a lot of work and practice. You have probably practiced a few hypotheticals and know exactly what what should go into your IRAC, or do you? Below are some tips for making sure that you are including the relevant law and properly analyzing the facts your answers.

Your rule paragraph should include enough of a statement of law to resolve the general issue. Start with a general rule, and make sure to include a sufficient discussion of the law to provide an adequate context for your analysis of the question or controversy (i.e. have you provided the relevant exception or exclusion, are there any legal terms that need to be defined, etc.). You must identify enough of the relevant rule to provide an adequate context for your analysis of the facts in controversy -- your analysis will not make sense unless you have identified the rule which determines the legal meaning of those facts.

Once you have identified and explained the applicable rule, then you must examine the inferences and implications of the relevant facts in relation to the rule. Your analysis is a vital part of the discussion -- as you write your analysis, let the articulation of the rule guide your application of the facts.

Within your analysis, the best approach is to match up each element (or sub-element) in the rule to the relevant fact; and use the word "because" to make the connection between the rule and fact. Make use of every fact of consequence and make sure that each conclusion you make is supported by an explanation (ask yourself "why").

Use this approach to demonstrate your ability to engage in a thoughtful analysis -- this does not mean simply repeat the relevant facts from the fact pattern, but instead, you should explain to the reader the legal significance and consequence of each fact.

As the semester continues, build on these skills by continuing to practice hypothetical questions, and continue to reference Mastering the Law School Exam for tips on improving your writing skills. This extra effort will help you build upon the requisite skills, so that when it is time for finals, you will know exactly what should be included in your final exam.

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