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If you are like me as a first-generation law student I had no idea what people were talking about for like the first month. The dreaded lingo or legal jargon that surrounds both law school and the legal field can be so confusing for someone brand new to it. While I thought I knew some words and would be prepared for law school I was severely mistaken.
IRAC? What is this?? Well, professors will use this when they are talking about an essay answer. What does it mean?
- Issue
- Rule
- Application
- Conclusion
CREAC? Another fun acronym is CREAC, which is very similar to IRAC but another way to write your essay responses which my research and writing class used the whole semester.
- Conclusion
- Rule
- Explanation
- Application
- Conclusion
What is a Case Brief?
- You may hear this on the first day of class or even at law school orientation. A case brief is a way of taking notes for your classes that help prepare you for questions from the professor. It breaks the case up into multiple parts. Attached please find a case brief template. A case brief is helpful and important for class because you can highlight what your professor wants you to know. Does your professor focus more on the rules of a case? Do they like the reasoning? A case brief also is like “Spark Notes” which helps break up a case and focus on what is “really” important from the case.
Click to See A Case Brief Template
Date: (Date you write the brief)
Case Name:
Court:
Year of Decision:
Parties (People involved in the dispute)
Plaintiff: (Last name and whether they are an Appellant or Respondent)
Defendant: (Last name and whether they are an Appellant or Respondent)
Other parties: (Last name of additional parties, including their legal relationship to the case)
Procedural Posture: (Prior procedural history: “Why is this case in this court, and how did it get there?” Where is the case in the court process? Who brought the original action; what happened in trial court; what was the lower court’s decision; what court is currently hearing the case; who is now appealing the case or who appealed the case?)
Relevant Facts: (Information (facts) the court relied upon to make its decision. Summary of what occurred, in your own words, focusing on who did what to whom, where, when, and how. This section will not contain every single detail.)
Issue: (The legal question(s) the court is trying to resolve. The substantive problem that the court
has been asked to solve. What is the point of the case?)
Rule: (The statute, ordinance, common law or other body of law the court applied to resolve the legal question at issue; a rule that future courts may apply. Be cautious here, because the court may discuss many rules in making its decision. Focus on the rule(s) that relate to the issue or
resolve the legal question.)
Court’s Reasoning: (This is the application, analysis, or rationale of the decision. In your own words, you should attempt to sum up the court’s application of legally significant facts to the elements or parts of the rule. Explain why the court decided a certain party should win the dispute and the nuances of the arguments the court considered. )
Court’s Holding: (The conclusion or the court’s ruling. How the court ultimately resolved the substantive problem. Also include the procedural implications of the decision: did the court affirm, reverse, reverse and remand, or did the court arrive at an alternate decision?)
Notes: (What questions remain after you’ve closely read/ briefed the case? What are the implications of the court’s decision? How will the court’s holding be applied to novel situations?
The Blue Book
- The MLA Citations of the legal field. The blue book is it is a style guide that prescribes the most widely accepted legal citation system in the country. This fun little book will follow you through law school and be what you use to cite for most if not every legal paper in law school.
The Bar Exam.
- The Bar Exam is this lovely LONG test you take after you finish your law school journey. This is what you take to allow you to practice in your state (however this does vary state by state). While if you are a 1L or thinking about going to law school please do not worry about this too much. And since I am a soon-to-be 2L I will update you as I go on how to navigate this throughout law school. But basically know that in most states you have to pass the bar after law school to legally practice law.
Westlaw, Lexis, and ICLE.
- These are research platforms that are made for the legal field. Your school will most likely give you an account to use one, if not all of these platforms to use throughout your time there. Think Google but for Law, (they are super helpful and easy to use with a little instruction).
Class Abbreviations: Again I don’t know why they make it so hard for newbies but people like to abbreviate class names. Trust me you are not the only one who does not know what people are talking about.
- Civ Pro – Civil Procedure
- Con Law – Constitutional Law
- Crim – Criminal Law
- RWA – Research Writing and Analysis