USING “IRAC” ON EXAMS

USING “IRAC” ON EXAMS - USING...

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USING IRAC ON EXAMS USING IRAC ON EXAMS and BRIEFS By Jerry Wegman Copyright 2004 A safe way to respond to an essay exam question or to brief a case is to follow the "IRAC" format, presenting issues, rules, analysis, and finally conclusions. Here are my suggestions for an approach that is likely to evoke your greatest display of knowledge and therefore the highest grade on exams: FIRST 1. Read the question. This will give you an idea of the general topic of the question. Read the question again, this time focusing on aspects that relate to the topic. Read the question again, now with an appreciation of the topic and a beginning idea of the legal issues that are present. Read the question again, now writing in the margin the legal issues and some important facts relating to those issues. 2. Now set the question aside and think about the situation described in the question. Think about the practical aspects who has suffered the loss, who might be liable, who can pay for the loss, why the problem occurred. List all the legal theories of recovery that the plaintiff could use against the defendant, and assign each a strength level strong, medium or weak. 3. Read the question again, looking now for details or facts that may have been overlooked earlier, before you realized their importance. Now write your IRAC outline. NOW 4. Begin writing your answer. On exams do not write a summary of the facts. Begin with the issues. When you are preparing a case brief for class, begin with a brief summary of the facts. Stating the issue(s) is the hardest part of a brief or answer. An issue is always a question. I recommend using the form "whether or not . .." in stating the issue. For example, "the first issue
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USING “IRAC” ON EXAMS - USING...

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