9-Point IRAC Primer

—EXAMS: How to Structure an IRAC Essay—

Dear 1L, Follow these 9 steps to make sure you don’t miss out on points.

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1️⃣ Identify the BIG ISSUES.

Isolate each relevant Claim & Affirmative Defense as a Big Issue.

—A CLAIM is a cause of action like battery, breach of contract, burgary, etc. Label the person asserting a claim as plaintiff (P).

—An AFFIRMATIVE DEFENSE (AD) is a theory by which a defendant (D) may escape liability/culpability even if P would otherwise make a claim.

—Lack of personal jurisdiction & contributory negligence are examples. Label the person asserting an AD as defendant (D).

2️⃣ State & Explain the RULE for Big Issue 1

Starting with Claim 1, recite each of its Elements (i.e. what P must prove to make the Claim, or what factors the court relies on to decide if P can prove such a claim).

For today, assume Claim 1 has 3 Elements, A, B, C: “To state claim 1, P must show A, B & C.”

3️⃣ Identify the SUB-ISSUES

Take each Element (or factor) separately, one at a time, as its own Sub-Issue.

E.g., “The (sub-)Issue is whether P can show Element A.”

(If your prof prefers a Conclusion up front, leave that blank for now, but remember to fill in at the end.)

4️⃣ State and explain the RULE for Element A.

Write, “To show A, a plaintiff must __.”

5️⃣ APPLICATION for Element A

(a) Make P’s case for why she shows A, using arguments based on facts, logic, case law, and/or public policy (“flc&p”);

—AND—

(b) Make D’s case for why P does NOT show A, using arguments based on flc&p.

6️⃣ State CONCLUSION on Element A.

Predict how a court would come out on element A, explaining the key factors that would sway the decision (and fill it in at the top if prof prefers).

“As to Element A, a court would likely side with [P or D] because __.”

7️⃣ Repeat steps 1-6 for every other Element (B, C, etc.).

8️⃣ State CONCLUSION on Claim 1.

Predict how a court would decide Claim 1 based on your outcome for Elements A, B, and C.

9️⃣ Repeat steps 1-8 for every AD to Claim 1.

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Get likely bonus points for:

—stating how a minority jurisdiction would come out & why;

—using specific examples that prof used in class; and

—stating how a change in one or more facts could change the outcome.

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Fondly,
💌 Amanda

P.S. Step 5 is where almost all the points are.

P.P.S. I’ll also be sharing an IRAC-essay TEMPLATE for you to use. Please be on the lookout!

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