1L Tip Today: What is IRAC?

1L TIP TODAY – Finals

Just the thought of finals so soon sparks panic. How can this be? 1L -literally- just started. And what is this “IRAC” thing we’re supposed to do? I mean, I know (now) what it stands for, but how do I do it?

*Maybe this story will help. (Title is, ‘I will never tell.’)

Early last Saturday, Daughter #1 took “her” car to go to a friend’s. Late afternoon, Daughter #2 borrowed dad’s car to go grocery shopping.

We have a narrow driveway abutting the garage. One car fits at a time. Backing out takes care. You really have to keep the car perfectly straight, or you’ll sideswipe the garage. But it is a pretty short, straight driveway.

So,  somehow…. as Daughter 1 was pulling in, Daughter 2 was backing out.  

All I know is that two cars collided. (It was very minor, but we own both cars—costly.)

In any event, I heard it from the kitchen. As I came out to see, they were yelling at each other.

D1: You just rammed the back of the car into me!

D2: No, YOU hit me. I was backing out. You plowed ahead into me!

D1: …[…you get the jist].

It went back and forth. It was a caustic listen, but I let them go for a while, as I was learning a lot of facts. D1 was on phone. D2’s music was blasting. D1 wasn’t wearing glasses. The setting sun shone at eye level. D1 rounded the driveway corner, “coming in hot.”

Eventually, I threw up my hands. I have no clue who was more in the wrong. But I can choose both, or neither, to blame. If I were a judge or jury deciding their dispute though, I would have to hear both out and reach conclusion. 

***

🔹The “A” part of an IRAC essay could be like this. 

Substitute your hypo’s names for D1 and D2 (you can call them P and D). Have their argument on the driveway. Visualize them making their best “case.” Write it all down. It would look like this:

✏️“P claims D was not keeping a proper lookout because she was on her phone. D says it was P who breached the duty of care by driving distracted, and too fast—based on the music blasting and her rounding the corner at warp speed. P says D couldn’t see because didn’t have her glasses on, and the sun was in her eyes. [Mom] decides in favor of [P/D] because __ .”

That is how the “A” part proceeds. The back-and-forth = the fact “Analysis.” Mom’s decision = the “Conclusion.” 

You can always go back to polish the writing, if time, but you will have captured all rubric fact points. After facts are done, have Ds argue any policy or court case(s) for their sides, or you can do those after the “because __” for the Conclusion.

…Additional tips are forthcoming. 

Please comment with feedback or questions! (My answer to one question is the story’s title.)

#lawstudent #lawschool #legalwriting #lawyer