IL TIP TODAY: Seven Steps to Start an IRAC Essay
Dear 1L:
You have asked for the IRAC Essay method I used for writing answers on law school/bar exams. There are many ways to write an IRAC essay to earn an A, and you may find others that suit you better. But here is how I approached exams. I hope it will be helpful.
1. I got an overview of the exam as a whole. The aim was to ensure
appropriate time to each Question (Q), based on % it counted. I chose the easiest Q to do first. This approach gave me something non-hard to do right when I opened the exam. It also began me on the Q I thought would proceed best. [I gained confidence for hard Qs after I had one done.]
2. I identified each Topic for the Q (i.e., Claim and/or Affirmative Defense), and then matched persons with Topics.
§ Ex. If the hypo told me D’s car sped into P while she walked drunk across a busy boulevard, I might write “P v. D (negligence),” and “D v. P (contributory negligence).” [I put first whichever party needed to meet the Elements.]
3. After the Topic, I wrote its Elements.
§ Ex. “For P to state negligence claim, she must show: (1) D owed P a duty, (2) he breached it, & (3) his breach caused her, (4) damages.” [I knew each Element was a potential Issue for a full IRAC, so I might have four IRACs for “A v. B (negligence).” (Typically, some are uncontested, which I would note.)
4. For each Element, I elaborated on the Rules in my own words.
5. I next wrote all Facts from the hypo that helped either side.
§ Ex. For Element 1, I listed Facts helpful to P in one column, and those for D in another. I then crafted logical fact-based arguments for each side. I also considered any applicable case law and public policy, and I wrote any in appropriate column.
->Repeat for every Element of Claim.
6. For each Element, I argued the parties’ facts, with Analysis = Argue, Respond, Reply, (Sur-Reply):
· P Argues D breached his duty because….
· D Responds he met his duty because…..
· P Replies that the facts resemble xyz case, or abc policy favors finding for P because….
· (D Sur-Replies to distinguish xyz case, offer a counter-case,
and/or refute P’s policy.)
§ It doesn’t matter what you call the back-and-forth, or what Acronym you use, as long as you argue each side’s
position zealously in each IRAC Analysis.
7. I wrapped up each Element with a Conclusion, such as, “The Court will probably side with P/D on Element _ because….”
->Repeat all steps for D’s Affirmative Defense.
✏️In the end, based on my Analysis, I chose which side likely won.
Please let me know your thoughts and questions in Comments.