Introduction to Law Organizing Proof & The Process of Legal Writing

Predictive Writing Goal = predict what the court will do in our case, given our particular facts and existing law (precedent). –Must identify our client’s arguments –Must identify our opponent’s arguments

Pre-writing Begin with the “three question/two rule” analysis for determining precedent Identify issues that must be resolved -Separate relevant from irrelevant by reviewing law to determine threshold of plausibility

Determining Issues Issues are often governed by whether the elements of a cause of action are met when you apply your facts to the law –An issue may be broken down into elements –Examine each element to determine which ones need further analysis

Create an elements chart ELEMENTFACTSIS ELEMENT MET (Yes, No, Maybe) Include both supporting and non-supporting facts

Organizing your analysis “IRAC” or “TREAT” each issue you will address. I/T = determine and set out the issue R = identify theme/rule that applies to that issue (briefly explain and/or illustrate the rule if complex or multi-faceted) A = apply the rule to your facts and show why rule does or does not control situation C = Conclusion/Prediction

Organizing your analysis “IRAC” or “TREAT” each issue you will address. I/T = determine and set out the issue R = identify theme/rule that applies to that issue (briefly explain and/or illustrate the rule if complex or multi-faceted) A = apply the rule to your facts and show why rule does or does not control situation C = Conclusion/Prediction

Eliminate “givens” “Given” = a legal question with a clear answer -Some questions are so easily resolved that they are not genuine issues -Waste of time and resources to address givens in detail -Still need to mention them briefly to show you have considered them in your analysis