Wednesday, April 15, 2020

Irac Rules free essay sample

Method for organizing legal analysis so that the reader can follow your argument †¢ Especially helpful in writing exams (IRAC) and legal memos (CRAC). How to do it? As an example, we will look at whether someone can sue for battery as a result of inhaling second-hand smoke. The issue we will look at is whether there is contact, which is required for a battery claim. Issue †¢ First state the question or problem that you are trying to answer (what might bring the parties into court). This can be in the form of a question or a statement depending on what your reader prefers. Examples: o â€Å"There is an issue as to whether contact occurred when the plaintiff inhaled the second-hand smoke. † o â€Å"Does contact occur when one inhales second-hand smoke created by another? † †¢ However, in legal memos, one may state the conclusion up front (in case the reader is too busy to read through the entire analysis. We will write a custom essay sample on Irac Rules or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Some professors also prefer that you state the conclusion up front. Rule †¢ State the rule or legal principle. This may take the form of stating the elements required for a prima facie case. o â€Å"The prima facie case for battery requires the following elements: an act, intent, contact, causation, and harm. † †¢ Some professors do not want you to explicitly state the rule (i. e. , â€Å"The rule is†¦Ã¢â‚¬ ). Rather, they prefer that you imply it in your answer. In other words, cut to the chase by focusing your rule statement on the part of the rule or element that is at issue. o â€Å"The offense of battery requires contact with the plaintiff’s person. † Analysis This is where you state your evidence and explain how you will arrive at your conclusion. You may cite other cases, discuss policy implications, and discuss (discount? ) cases that run counter to your conclusion. †¢ Make sure that you weigh both sides and make counterarguments where appropriate. †¢ Use case law, analogizing and distinguishing, and policy (for example, the goals of tort law ) to work your way to a conclusion. o â€Å"In Howe v. Ahn, the court held that noxious bus fumes inhaled by a passerby constitute harmful and offensive contact. Although the court has not extended this holding to a case involving second-hand smoke, numerous cases have likened second-hand smoke to air pollution (for example, Fox v. Abernathy). Policy considerations also favor finding contact in the present case. If one can prove harm as a result of inhaling second-hand smoke, it is better for the smoker to compensate the victim than burden the state. † Conclusion o â€Å"The court is likely to find that harmful contact occurs when a smoker releases second-hand smoke into the air and that air is inhaled by a bystander. † Exercise: Amanda has a long history of narcolepsy. She has tried all sorts of remedies from caffeine pills to doing jumping jacks every ten minutes to stay alert. After falling asleep during a law school final, she decided to see a doctor for some professional advice. The doctor prescribed â€Å"Stay Awake† medicine. The medicine seemed to work well and Amanda didn’t have any more embarrassing ‘naps’ in class. Two months later, Amanda was riding her scooter home when she fell asleep behind the handlebars. She then crashed into Felix. Felix decides to sue Amanda for negligence. What result?

How to Use Your Rhetoric Essay Sample

How to Use Your Rhetoric Essay SampleIn order to succeed with your Oral or Written exam, you will need a good strategy to prepare for your rhetoric essay sample. This is where the preparation for the structure of your essay is very important. It's a good idea to have a two-page essay outline and a five-page essay outline prepared before you start to write your essay. The next step in your preparation will be to learn how to use that structure and use it throughout your research paper.The structure of the essay is often the most difficult part of preparing for the essay. This is because there are four components that make up the essay structure. The four components are: narrative structure, argument structure, internal consistency, and organization. There are not many rules to follow, but you will find that the structure of the essay is best suited for an English major. Students who do not consider themselves to be an English major might want to consider an essay without a structure.A s a writer, you want to take some time to sit down and figure out what it is that you are trying to say in the essay. Look at the arguments in your essay and try to figure out how to use them to solve a problem. You can see this problem clearly when you take a look at the logic of your essay. Once you know what the problem is, you can then start to develop the structure of your essay.Most people skip this part of their essay writing and just write whatever comes to mind. If you're a style-conscious writer, this is a mistake. You need to find the best structure for your essay, but do not let your style determine the structure of your essay.You should always start to write the first paragraph of your essay before beginning the second paragraph. Then, you need to follow up with your argument. Make sure that you make your argument the very first paragraph of your essay. In order to make sure that your argument will make sense, you need to make sure that it makes sense before you begin t he second paragraph.When you finish your first paragraph, then you should write your conclusion. The conclusion is what closes the argument of your essay. Make sure that you close the argument by making sure that you have proven the solution to the problem that you discussed in your essay.To prepare for your essay, it is a good idea to write essays on a number of different essay topics. The essay structure is a good way to show you how to break the essay down into its different parts. This way, you can then choose which part of the essay is your subject matter.The overall idea is to put together a better essay sample, and to make the most of your essay writing. Make sure that you find the best essay structure for your writing. It is this format that will allow you to solve the problems that you have discussed in your essay.