Dear 2L: 10-Point IRAC Checklist
Dear 2L,
We spoke a lot about IRAC essay exams last year, but it’s been several months. I thought a refresher was due.
Key Reminder: You must do an IRAC analysis for every Element of every Claim and Defense raised by the exam hypo. Only then, do you maximize your score.
Below are 10 Steps.
1️⃣ Identify each Claim and Affirmative Defense raised by the hypothetical.
2️⃣ Starting with Claim 1, state each of its Elements (i.e. what the Plaintiff must show to make the Claim). (I’ve labeled the elements A, B, and C.)
3️⃣ Starting with Element A, do a full IRAC, starting with words to the effect of, “The Issue is whether P can show Element A.”
4️⃣ Explain the Rule for Element A (i.e., what it means to show Element A).
5️⃣ Make Plaintiff’s case for why she shows Element A, using (1) factual arguments, (2) caselaw arguments, and (3) policy arguments.
6️⃣ Make Defendant’s case for why P does NOT show Element A, using (1) factual arguments, (2) caselaw arguments, and, (3) policy arguments.
7️⃣ Make a prediction for how a court would come out on Element A, explaining the key factors that would sway the decision.
8️⃣ Repeat steps 1-7 for every other Element (B, C, etc.) and every possible Affirmative Defense to Claim 1.
9️⃣ Make a prediction for how a court would come out on Claim 1.
🔟 Get likely bonus points for:
(a) stating how a court in a minority jurisdiction would come out and why;
(b) using specific explanations and examples that your professor used in class; and
(c) stating how a change in one or more facts in the hypothetical would have caused a change in outcome.
FINALLY, move on to the next Claim. You are not done the Question until you complete an IRAC for each Element and Affirmative Defense for each Claim.
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✏️ Try to set yourself up for success in December by refreshing yourself on the basics now. That way, you can prepare your Outlines with exam prep in mind.
▪️I’ll write more in the future about how to Outline with exam-prep in mind. I’ll also be writing a more introductory-level primer for 1Ls about IRAC.
—> Tap the bell in the upper right corner of my profile to make sure you receive notice of my letters in your feed.
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Now, to you:
What questions do you have?
What else might you add to the ten steps?
Fondly,
💌 Amanda