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Essay structure and terminology, Essays (university) of Law

IRAC is an acronym that generally stands for: Issue, Rule, Application, and Conclusion. It functions as a methodology for legal analysis.

Typology: Essays (university)

2021/2022

Uploaded on 12/09/2022

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How to write a legal essay
Essay types and sample instructions:
Type: Sample instructions:
Basic
-definitional
-descriptive
Define
What is…?
What is meant by/do you understand by…?
Describe…
State the principles…
What are the main features of…?
Compare and contrast…
Outline the method used to…
Give an account of…
Type: Sample instructions:
Q->A
Avoid:
it’s -> it is (avoid contractions)
bits -> parts
things -> units, elements, factors,
a lot or a load -> a significant amount, a sizeable quantity, considerable numbers/amount
like -> similar to, such as
get -> obtain, receive, become
as well as -> in addition to
How come-> what caused, what brought about
First class essay criteria:
Close attention to the question as it is asked
Detailed knowledge of the topic addressed, as well as deeper understanding of the context
in which that topic exists
Superlative coverage of the question, including both breadth and accuracy, with no or
almost no significant error or omissions relating to the law at issue
Identification of at least some of the less obvious points of law
Outstanding clarity of structure, argument and writing style
Excellent use of supporting information and ideas
Use of more than one possible line or argument
Presentation of theoretical arguments concerning the subject, significant critical analysis and
thoughtful personal perspective on the debate.
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How to write a legal essay Essay types and sample instructions: Type: Sample instructions: Basic -definitional -descriptive  Define  What is…?  What is meant by/do you understand by…?  Describe…  State the principles…  What are the main features of…?  Compare and contrast…  Outline the method used to…  Give an account of… Type: Sample instructions: Q->A Avoid:  it’s -> it is (avoid contractions)  bits -> parts  things -> units, elements, factors,  a lot or a load -> a significant amount, a sizeable quantity, considerable numbers/amount  like -> similar to, such as  get -> obtain, receive, become  as well as -> in addition to  How come-> what caused, what brought about First class essay criteria:  Close attention to the question as it is asked  Detailed knowledge of the topic addressed, as well as deeper understanding of the context in which that topic exists  Superlative coverage of the question, including both breadth and accuracy, with no or almost no significant error or omissions relating to the law at issue  Identification of at least some of the less obvious points of law  Outstanding clarity of structure, argument and writing style  Excellent use of supporting information and ideas  Use of more than one possible line or argument  Presentation of theoretical arguments concerning the subject, significant critical analysis and thoughtful personal perspective on the debate.

CLEO writing method: (for problem and discuss questions)

C laim: Identify the claim at issue

L aw: Presentation of applicable law, identify relevant legal authority regarding each of the legal

issues.

E valuation: Evaluate the facts of the problem in light of the legal authority, illustrate analysis and

persuasion as you discuss the extent wo which the facts live up to the legal standard identified in your discussion of law.

O utcome: Identify the outcome of your argument, weigh up the different strands of legal thought

and decide which of your arguments are most compelling and introduce relevant theoretical points. Analysis of statute:

  1. An analysis of the applicability if the statute
  2. An analysis of any defined terms within the statute
  3. The identification of contentious areas within the statute
  4. The identification of case law supplementing or clarifying the statute and other statutes that may influence the application of the enactment. Writing a case summary:  Case name  Full citation  Court  Facts (1/2 sentences)  Ratio (the legal rationale supporting the outcome, be sure to know what the outcome is as well.  Relevant dicta (dicta refers to any statement by the court that is not necessary to decide the outcome of a case)  Queries Identifying potential claims and contentious sub-issues by:  Going line by line through the question, looking for things to discuss.  Noting similarities to existing cases and identifying any lines of related cases.  Considering all the different ways someone could sue on the facts given to you.  Considering the differences between different part pairings, including those concerning invisible parties.  Re-reading the question to make sure that you answer the proper question. Example 1 ‘According to these facts, A, can sue, B, for the tort of defamation. To establish defamation, a must prove [here you should set forth in one sentence, the basic legal standard for establishing defamation.] Of these elements, the only issue that can seriously be disputed is [identify which aspect(s) you wish to discuss.] I will begin by setting forth the law concerning [that sub-issue].’