Rule Application Legal Writing

Or perhaps the facts are sufficiently ambiguous – by intent or negligence – to allow for more than one reasonable interpretation. If so, explore both. Instead of ignoring alternative rules or avoiding conflicting facts, rejoice when the opportunity arises to earn extra points. The conclusion is a summary of your legal analysis. Remember to end on a strong note while sticking to the facts. Any doubt that the RAIC is the key to success in writing essays in bar exams is dispelled by this passage from an article in The Bar Examiner published by the National Conference of Bar Examiners (NCBE): “A candidate must demonstrate mastery of the fundamentals of the RAIC (the structure-rule-application-conclusion-resulting from legal analysis).” Italics are established terms that lawyers use to present topics, rules, facts, conclusions, and alternatives. Use them as a guide to help the leveler track your analysis. (Some commentators refuse if. But that is the practice followed by the Office of the Solicitor General of the United States. It`s good enough for you and me.) RAIC stands for Issue, Rule, Application, Conclusion. These words represent the steps of the most commonly accepted way of organizing a written legal analysis: first, articulate an important legal question or question; Next, indicate and explain the relevant legislation.

Then, apply the rule to your facts; Finally, finish by explicitly answering the question or commenting on the topic. The RAIC is the most popular form of organization because it is usually the one that makes it easier for the reader to follow your analysis. Following the RAIC structure provides a framework around which you can organize your writing, making your discussion easier to write (and read). Your conclusion should generally not exceed one paragraph and should address the legal issue again. If there is more than one issue, make sure each issue is resolved. The conclusion should also provide the expected legal decision. While using the RAIC does not guarantee an “A” from the professor, it is extremely helpful in organizing a response. And while this isn`t the only way to structure an answer, it helps ensure that all bases are covered. So until you reach the level of mental and written fluency where you can weave rules and facts into a seamless network and transition between thoughts without losing your substance or reader, I highly recommend relying on some form of RAIC to stay focused. While the RAIC never covers a lack of knowledge or replaces a lack of analysis, you can use it as a tool to organize your thinking and writing. Think of it as a support scaffolding (or drive wheels) to make sure the necessary steps are followed. Once the process becomes instinctive, the props can be thrown away and you can weave the rule and facts together.

But by then, you`ll have something you can count on to guide you through the process. When you submit a memo, the first thing your reader should see is the question you`re trying to answer. This question should be the question you are going to address, and your answer should cover all the important legal aspects of the question. A good tip is to never use certain names. Keep it as general as possible. Analyzing your RAIC is usually the hardest part, as it requires the author to be precise, and the style is often inconsistent. It is important to know the grammar and style rules of your boss or teacher in order to write an RAIC that passes the inspection. However, here are some general tips that should help you, regardless of any additional style rules or analysis you need to apply: If you think writing will stop when you graduate from college, think again.

These general education credits earned before all semesters of English will come in handy, especially if you want to pursue law school. Probably every RAIC`s favorite part is the conclusion, because that means they`re almost done writing! As with any high school and college essay you`ve ever written, here you summarize all of your legal ideas. Importance. The RAIC is as central to legal analysis as E=mc2 is to legal analysis. More than three decades ago, Terri LeClercq, a law professor at the University of Texas and a leading authority on legal writing, called the RAIC “a golden acronym for organized legal discussion.” A recent article by Stephanie LaRose, a law professor at Michigan State University, confirms that, despite some criticism, “variants of the RAIC method continue to be the gold standard in legal briefs and short writings.” Get the gold! (Wikipedia lists more than 20 RAIC variants.) “Weil” is the most important word in writing the analysis. Using the word “because” forces you to make the connection between the rule and the facts. You will find that you can also use the words “asâ” and “since”, they perform the same function as “because”. Here you apply the rule of law to the facts. The “response” or explanation of relevant legislation and jurisprudence should be included in your analysis. It doesn`t hurt to include more than one as long as they are applicable.

Origin. Where does the RAIC come from? One researcher explains: “Although many researchers refer to the RAIC in the legal literature, there is no clear record of its origin.” The first mention of the RAIC found in a search of the legal literature was in 1961. Whether you`re planning to go to law school, take courses, or graduate and join a law firm, RAIC will pop up in the legal world one way or another. Although there is no “F” in CRIR, the facts section is crucial for all CAIRs. When writing a memo or letter, you need to summarize the most important facts of the case. This is often difficult for students, as problem detection and other legal analysis often take some time. Many students write too much, while just as many write too little. Examples of how “because” works to change recitation into application: I: The problem in question or the legal question.

A: The rule or expected legal outcome. A: Analysis or explanation of relevant legislation and jurisprudence. (Sometimes the “A” is called the “answer,” but the content remains the same.) C: The conclusion or summary of your legal analysis. Identify and indicate the legal conclusion that the court should reach, As prospective law students soon learn, what we call “legal reasoning” can be expressed through the RAIC formula. It stands for Issue, Rule, Application and Conclusion. This is the format used by lawyers when creating legal briefs. And the structure that most judges use to prepare legal opinions. It`s also the kind of analysis that law professors – and especially bar examiners – are looking for.

RAIC stands for the “Issue, Rule, Application, Conclusion” structure of legal analysis. An effective essay follows a form of RAIC structure in which it is organized around a “problem,” a “rule,” an “application,” and a “conclusion” for each individual problem and sub-problem identified as a legal problem. In a sense, the RAIC is as old as the deductive syllogism. First, identify the important problem (“Is Socrates mortal?”). Then specify the applicable rule (“All men are mortal”). Then apply the rule to the relevant facts (“Socrates is a man”). This inevitably leads to the conclusion (“This is why Socrates is mortal”). To reiterate, as a legal writer, you will be presented with a set of facts and will be asked to answer legal questions about them with a forward-looking or persuasive voice (unless your job involves drafting a law, will, or agreement that requires a different set of drafting, analytical, and planning skills). beyond the scope of this discussion). As a law student, you are sometimes asked to write something that deals with a narrow topic (such as a short memo); Sometimes you will be asked to identify legal issues you can and resolve them (such as an answer to a certain type of exam question). More important legal issues can usually be broken down into a series of smaller questions, so you can divide each sub-question one by one, do “RAIC”, dispose of it, and then devote yourself fully to the next sub-question. When you take sub-questions apart, you should define and organize them in a way that covers all relevant legal rules and allows the reader to follow them easily.

A good legal analysis of a set of facts is usually structured as a series of RAIC entities (or CRRACC). We will examine each of them in more detail. But first, here are some things you should consider when drafting the law: In the rules section, you give an abbreviated answer to your problem. Some law firms and law schools will expand this section, but these helpful tips should help you, regardless of the format suggested by your boss or employer: This answer is the short part of your RAIC.

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