Outlining & Organization PA 205- Unit 7 Outlining & Organization

Let’s Review a Bit

So Far, we have been given one format to follow: FIRAC FIRAC is an acronym for: Facts Issues Rule of Law Analysis Conclusion Every case brief includes each piece. The operative phase here is “case brief”– if you think it’s the format for the final Project…you are wrong

Then, in Chapter 6 we learned a new format for inter office memorandums Statement of the Facts Questions Presented Brief Answers Applicable Statute Discussion Conclusion This is our required format for the Final Project

Now we have the IRAC format FIRAC without the “F” (nothing to learn here– just leave out the facts section, right? WRONG

IRAC 4 elements Issue – the legal question that the court is being asked / will be asked to decide Rule – the rule of law or legal principle that defines or governs the issue Application – the explanation of how the legal rule should apply to the facts Conclusion – summary of your analysis of the issue

So what’s the differnce Capt’n Jack??

Answer: It depends on how you want to use the information FIRAC is used for briefs of cases The interoffice memo is used to analyze applicable cases and statutes as the apply to our client’s case so as to predict an out come (it also records and analyzes the law applicable to the client’s situation for reference by newcomers to the case) IRAC is used for the most difficult section of the interoffice memorandum– the discussion section

In other words… Each format is used for particular reasons Each format organizes information in a form that Law Pros (legal professors, judges, attorneys, paralegals, etc) universally recognize

Large Scale v. Small Scale Organization Perform a Large Scale Organization of your paper first. Determine how many separate legal issues you are going to discuss. Remember, no more than 3 issues for the Final Memo.

Large Scale Organization Think of this as a view of the paper from outer space.

Example: Large Scale Organization for the Complete Final Memo Statement of Facts Questions Presented Short Answers Applicable Statutes Discussion Conclusion

Example: Large Scale Organization for the Discussion Section Introduction Issue Number 1 (e.g. Intoxication) Issue Number 2 (e.g. Undue Influence) Issue Number 3 (e.g. Damages under the statute referenced in Memo) Conclusion

Small Scale Organization After you have created the Large Scale Organization, fill in each section with greater detail. The detail for each section will come from basic paragraph format structure and from the cases and the Memo in Doc Sharing. .

Small Scale Organization Think of this as a magnification of the view from space.

Let’s look at an example

Our client, I. M. Bibe, recently got his year end bonus of $150,00 Our client, I.M. Bibe, recently got his year end bonus of $150,00. He and two other co workers went out to lunch to celebrate at a local pub. They ordered a few bottles of wine. Mr. Lotts notices the celebration and approaches Mr. Bibe with an offer to sell his small cafe . Mr. Bibe says he’s not really interested, but Mr. Lott continues to make his pitch, pointing out the café makes $300,000 a year and he has the books with him

Mr. Lott also buys the group another bottle of wine (although he is not drinking). About the time Bibe and his co workers finish their 4th bottle of wine, Mr. Bibe tells Lott “What the heck… I’ve always wanted a small business investment”. Lott then draws up a contract for the sale. Bibe signs the contract and then drives 20 miles home. He takes a nap, and when he wakes up, he remembers everything. He comes to our office to see if he can get out of the contract

Our research pulls up a statute and 5 cases addressing contracts entered while a person is under the influence. The statute says a person entirely without understanding at the time he/she enters a contract is not bound by the contract. The cases all point out that voluntary intoxication does not automatically relieve a person of their duties under a contract they entered while intoxicated. The cases include Guidici v Guidici, wherein a person was relied of his contract obligation because it was found that he was intoxicated to the point he was entirely without understanding at the time he entered the contract. The case also address fraud, undue influence and lack of consideration as factors to be considered

Putting It All Together The following is an example of a combined large scale and small scale outline for the final memo: Statement of Facts A. Topic Sentence: “You have asked me to research….based on the following facts…” B. Relevant Legal Facts Paragraphs from the Bibe Memo Questions Presented A. Legal Issue 1 B. Legal Issue 2 C. Legal Issue 3 Short Answers A. Short Answer 1 B. Short Answer 2 C. Short Answer 3

Putting It All Together (cont’d) Applicable Statutes A. Quote the relevant statute from the Bibe memo using proper Bluebook citation format. Discussion A. Introduction 1. Topic Sentence “There are 3 legal issues that must be considered…” 2. Supporting Sentences 3. Concluding Sentence B. Legal Issue 1 (e.g. Intoxication) 1. Identify the rule from a case or statute: “A person who at the time of making a contract is completely intoxicated may avoid his contract notwithstanding the fact that his intoxicated condition may have been caused by his voluntary act and not by the contrivance of the other party to the contract. ...“ 2. “In the case of Guidici v Guidice, citation, ….” 3. “Similarly, in the Bibe case, Mr. Bibe was also drinking at the time he …. “However, in the Guidici case, the plaintiff had been drinking f rom ten to to weeks prior to the signing…” 4. “Other court has held that …” 5. “On balance, a court will likely find…”

Putting It All Together (cont’d) C. Legal Issue 2 1. 2. 3. 4. 5. D. Legal Issue 3 E. Conclusion of Discussion Section 1. Topic Sentence 2. Supporting Sentences 3. Concluding Sentence

Putting It All Together (cont’d) Conclusion / Recommendations based on entire memo (1 short paragraph) “Based upon the facts, applicable statute and relevant case law…..”

Questions?

This week’s assignment Practice IRAC This week you will use the IRAC paradigm to discuss the legal issues raised by your client’s fact pattern. For each legal issue (i.e., each element of the statute to be proved or each question that the court will be asked to decide), you will draft an IRAC section that: States the issue Identifies and explains the rule that governs that issue Applies the rule to your client’s facts Concludes with a prediction about how the issue will be decided  

Questions?