PA 205- Unit 7 PA 205- Unit 7

Outlining & OrganizationOutlining & Organization

Let’s Review a BitLet’s Review a Bit

So Far, we have been given one format to follow: So Far, we have been given one format to follow: FIRACFIRAC

FIRAC is an acronym for:FIRAC is an acronym for: Facts Facts Issues Issues Rule of Law Rule of Law Analysis Analysis Conclusion Conclusion

Every case brief includes each piece. The Every case brief includes each piece. The operative phase here is “case brief”– if you operative phase here is “case brief”– if you think it’s the format for the final Project…you think it’s the format for the final Project…you are wrong are wrong

Then, in Chapter 6 we learned a Then, in Chapter 6 we learned a new format for inter office new format for inter office

memorandumsmemorandums Statement of the Facts Questions Presented Brief Answers Applicable Statute Discussion Conclusion This is our required format for the

Final Project

Now we have the IRAC Now we have the IRAC formatformat

FIRAC without the “F” (nothing to FIRAC without the “F” (nothing to learn here– just leave out the facts learn here– just leave out the facts section, right?section, right?– WRONGWRONG

IRAC 4 elementsIRAC 4 elements

Issue – the legal question that the Issue – the legal question that the court is being asked / will be asked to court is being asked / will be asked to decidedecide

Rule – the rule of law or legal principle Rule – the rule of law or legal principle that defines or governs the issuethat defines or governs the issue

Application – the explanation of how Application – the explanation of how the legal rule should apply to the factsthe legal rule should apply to the facts

Conclusion – summary of your analysis Conclusion – summary of your analysis of the issueof the issue

So what’s the differnce So what’s the differnce Capt’n Jack??Capt’n Jack??

Answer: It depends on how Answer: It depends on how you want to use the you want to use the

informationinformation FIRAC is used for briefs of casesFIRAC is used for briefs of cases The interoffice memo is used to analyze The interoffice memo is used to analyze

applicable cases and statutes as the apply applicable cases and statutes as the apply to our client’s case so as to predict an out to our client’s case so as to predict an out come (it also records and analyzes the law come (it also records and analyzes the law applicable to the client’s situation for applicable to the client’s situation for reference by newcomers to the case) reference by newcomers to the case)

IRAC is used for the most difficult section of IRAC is used for the most difficult section of the interoffice memorandum– the the interoffice memorandum– the discussion sectiondiscussion section

In other words…In other words…

Each format is used for particular Each format is used for particular reasonsreasons

Each format organizes information in Each format organizes information in a form that Law Pros (legal a form that Law Pros (legal professors, judges, attorneys, professors, judges, attorneys, paralegals, etc) universally recognizeparalegals, etc) universally recognize

Large Scale v. Small ScaleLarge Scale v. Small ScaleOrganizationOrganization

Perform a Large Scale Organization Perform a Large Scale Organization of your paper of your paper firstfirst..

Determine how many separate legal Determine how many separate legal issues you are going to discuss.issues you are going to discuss.

Remember, no more than 3 issues Remember, no more than 3 issues for the Final Memo.for the Final Memo.

Large Scale OrganizationLarge Scale Organization

Think of this as a view of the paper Think of this as a view of the paper from outer space.from outer space.

Example: Large Scale Example: Large Scale Organization for the Organization for the

Complete Final Memo Complete Final Memo

I.I. Statement of FactsStatement of Facts

II.II. Questions PresentedQuestions Presented

III.III. Short AnswersShort Answers

IV.IV. Applicable StatutesApplicable Statutes

V.V. DiscussionDiscussion

VI.VI. ConclusionConclusion

Example: Large Scale Example: Large Scale Organization for Organization for

the the DiscussionDiscussion Section Section

I.I. IntroductionIntroduction

II.II. Issue Number 1 (e.g. Intoxication)Issue Number 1 (e.g. Intoxication)

III.III. Issue Number 2 (e.g. Undue Issue Number 2 (e.g. Undue Influence)Influence)

IV.IV. Issue Number 3 (e.g. Damages Issue Number 3 (e.g. Damages under the statute referenced in under the statute referenced in Memo)Memo)

V.V. ConclusionConclusion

Small Scale OrganizationSmall Scale Organization

After you have created the Large After you have created the Large Scale Organization, fill in each Scale Organization, fill in each section with greater detail.section with greater detail.

The detail for each section will come The detail for each section will come from basic paragraph format from basic paragraph format structure and from the cases and the structure and from the cases and the Memo in Doc Sharing. Memo in Doc Sharing.

..

Small Scale OrganizationSmall Scale Organization

Think of this as a magnification of Think of this as a magnification of the view from space.the view from space.

Let’s look at an exampleLet’s look at an example

Our client, I.M. Bibe, recently got his year end bonus of $150,00. He and two other co workers went out to lunch to celebrate at a local pub. They ordered a few bottles of wine. Mr. Lotts notices the celebration and approaches Mr. Bibe with an offer to sell his small cafe . Mr. Bibe says he’s not really interested, but Mr. Lott continues to make his pitch, pointing out the café makes $300,000 a year and he has the books with him

Mr. Lott also buys the group another bottle of wine (although he is not drinking). About the time Bibe and his co workers finish their 4th bottle of wine, Mr. Bibe tells Lott “What the heck… I’ve always wanted a small business investment”. Lott then draws up a contract for the sale. Bibe signs the contract and then drives 20 miles home. He takes a nap, and when he wakes up, he remembers everything. He comes to our office to see if he can get out of the contract

Our research pulls up a statute and 5 cases addressing contracts entered while a person is under the influence. The statute says a person entirely without understanding at the time he/she enters a contract is not bound by the contract. The cases all point out that voluntary intoxication does not automatically relieve a person of their duties under a contract they entered while intoxicated. The cases include Guidici v Guidici, wherein a person was relied of his contract obligation because it was found that he was intoxicated to the point he was entirely without understanding at the time he entered the contract. The case also address fraud, undue influence and lack of consideration as factors to be considered

Putting It All TogetherPutting It All TogetherThe following is an example of a combined large scale and The following is an example of a combined large scale and

small scale outline for the final memo:small scale outline for the final memo:I.I. Statement of FactsStatement of Facts

A. Topic Sentence: “You have asked me to A. Topic Sentence: “You have asked me to research….based on the following facts…”research….based on the following facts…”B. Relevant Legal Facts Paragraphs from the Bibe MemoB. Relevant Legal Facts Paragraphs from the Bibe Memo

II.II. Questions PresentedQuestions PresentedA. Legal Issue 1A. Legal Issue 1B. Legal Issue 2B. Legal Issue 2C. Legal Issue 3C. Legal Issue 3

III.III. Short AnswersShort AnswersA. Short Answer 1A. Short Answer 1B. Short Answer 2B. Short Answer 2C. Short Answer 3C. Short Answer 3

Putting It All Together Putting It All Together (cont’d)(cont’d)

IV.IV. Applicable StatutesApplicable StatutesA. Quote the relevant statute from the Bibe memo using proper Bluebook A. Quote the relevant statute from the Bibe memo using proper Bluebook citation format. citation format.

V.V. DiscussionDiscussionA. IntroductionA. Introduction

1.1. Topic Sentence “There are 3 legal issues that must be Topic Sentence “There are 3 legal issues that must be considered…”considered…” 2. 2. Supporting SentencesSupporting Sentences

3.3. Concluding SentenceConcluding Sentence B. Legal Issue 1 (e.g. Intoxication)B. Legal Issue 1 (e.g. Intoxication)

1. Identify the rule from a case or statute:1. Identify the rule from a case or statute:“A person who at the time of making a contract is

completely intoxicated may avoid his contract notwithstanding the fact that hisintoxicated condition may have been caused by his voluntary act and not by the

contrivance of the other party to the contract. ...“

2. “In the case of 2. “In the case of Guidici v GuidiceGuidici v Guidice, citation, ….”, citation, ….” 3. “Similarly, in the Bibe case, Mr. Bibe was also drinking at the 3. “Similarly, in the Bibe case, Mr. Bibe was also drinking at the

time he …. “However, in the time he …. “However, in the GuidiciGuidici case, the plaintiff had been drinking case, the plaintiff had been drinking f rom ten to to weeks prior to the signing…” f rom ten to to weeks prior to the signing…” 4. “Other court has held that …”4. “Other court has held that …”

5. “On balance, a court will likely find…”5. “On balance, a court will likely find…”

Putting It All Together Putting It All Together (cont’d)(cont’d)

C. Legal Issue 2C. Legal Issue 2 1.1.

2.2. 3.3. 4.4. 5.5. D. Legal Issue 3D. Legal Issue 3

1.1. 2.2. 3.3. 4.4. 5.5.

E. Conclusion of Discussion SectionE. Conclusion of Discussion Section 1.1. Topic Sentence Topic Sentence

2. 2. Supporting Sentences Supporting Sentences 3.3. Concluding Sentence Concluding Sentence

Putting It All Together Putting It All Together (cont’d)(cont’d)

VI.VI. Conclusion / Recommendations Conclusion / Recommendations based on entire memo (1 short based on entire memo (1 short paragraph)paragraph)

““Based upon the facts, Based upon the facts, applicable statute and relevant applicable statute and relevant case law…..”case law…..”

Questions?Questions?

This week’s assignmentThis week’s assignment Practice IRAC This week you will use the IRAC paradigm to discuss the

legal issues raised by your client’s fact pattern. For each legal issue (i.e., each element of the statute to be proved or each question that the court will be asked to decide), you will draft an IRAC section that:

States the issue Identifies and explains the rule that governs that issue Applies the rule to your client’s facts Concludes with a prediction about how the issue will be

decided

 

Questions?Questions?