Issue: What facts and circumstances brought the parties into court?
- Look for buzzwords in the facts that suggests an issue (ex. whether, issue, etc.)
- Always state the issue as a question turning on a set of particular facts
- For every case you read, try to extract the rule of law by breaking it down into its component parts
- Find out the elements that prove the rule
- Find out if there are any exceptions to the rule
- Find out where does this authority come from (i.e. common law, statute, new rule)
- Sometimes professors give you the rule of law. Although all professors do not require it, try to use the verbatim rule your professor gave you to get all of the available points!
- Look to which facts help you prove which elements of the rule
- Look to WHY certain facts are relevant
- Restate each element of the rule
- Explain how these facts satisfy the rule
- Look to possible counter-arguments for another solution
- Take a position! (Sometimes a simple yes or no as to whether the rule apples to a set of facts is sufficient)
- Be decisive! Avoid using words like "should" or "may"
- Sometimes professors will give you a set of facts that could go either way so make sure that your conclusion and issue(s) line up accordingly!
Also, use transition words so that your professor knows which part of the essay he's reading. For example, using "under" for the rule statements, using "here" for the analysis section, using "therefore" in your conclusion.
Not all professors are alike! If your professor asked that you use CRAC instead of IRAC, it is simple to turn this guide into CRAC format. Simply, take out the issue and insert your conclusion at the beginning of your essay!
REMEMBER!! Practice makes perfect! DO NOT let the midterm be the first time you write an exam answer! Practice at home under exam time limits so that you are prepared for the actual exam!
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