Succeeding in Law School, Second Edition by Ramy Herbert N

Author:Ramy, Herbert N. [Ramy, Herbert N.]
Language: eng
Format: epub
Publisher: Carolina Academic Press
Published: 2012-08-14T16:00:00+00:00

The Legal Writing Formula

Good legal writing is very well organized and, initially at least, can seem somewhat formulaic. The reason is that most writing professors actually use an organizational formula when teaching students the basics of legal writing. This formula goes by different acronyms—IRAC, CREAC, CRAC. These formulae should look familiar because I briefly discussed them in my chapter on legal analysis.

Regardless of the acronym used, the ideas behind these formulae remain the same. There are certain points that you must always address when performing legal analysis and these formulae help ensure that you address all of these points in the most logical way possible. The formulae are quite simple, almost rudimentary in nature. However, do not let their simplicity fool you. Through a few simple modifications, you may employ these formulae to analyze even the most complex legal issues. In addition, keep in mind that these formulae are only a single aspect of good legal writing.

For purposes of our discussion, we will be using the CREAC formula. The letters in CREAC stand for the following ideas:

C—Conclusion . Legal writing is extremely practical. By starting with your conclusion, you let the reader know your position immediately. Also, it will make it easier for the reader to follow your discussion of the issue if you start off with your destination.

R—Rule . After you state your conclusion, the next logical step is to provide the reader with the rule upon which you are basing that conclusion. The rule can originate in cases, statutes, the Constitution, rules of procedure, regulations, legal treatises and periodicals or some combination of these sources. Sometimes, finding the rule of law is quite simple. For example, a court may come right out and say “we are following the rule announced in Terry v. Ohio 2 in determining whether the police officer’s search of the suspect’s vehicle was warranted.” In other instances, you will create the rule through legal synthesis.

E—Explanation . Standing alone, a rule may be subject to multiple interpretations. To help the reader better understand the rule, an explanation of how this rule has been used in the past may be necessary. Commonly, a rule is explained through a discussion of relevant case law. Through a discussion of how judges previously applied the rule, the reader will have a better understanding of how it may be applied to the facts of the case at hand. Cases are not, however, the only source that you may use to explain a rule of law. In addition to cases, other rules, commentaries by legal scholars, and even notes regarding legislative sessions, individually or taken together, can help the reader better understand the rule. When using these sources, keep in mind that some will carry more weight with the reader than others. Always try to explain your rule by using sources of primary authority. A discussion of the rule by a legal commentator, while potentially persuasive, cannot bind another court’s actions.

A—Analysis/Application. When you write a memo, everything is leading up to the moment when you begin your analysis.

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