Legal Writing and Analysis
Legal Writing and Analysis tests your ability to organize a clear answer under time pressure. Expect a memo or brief-style question that requires issue spotting, rule synthesis, application, and counteranalysis.
Structure
Use IRAC or CREAC: Issue, Rule, Application, Conclusion. State the governing rule accurately, then apply facts element by element. For a memo, use headings that track the issues.
Rule synthesis
Synthesize rules from cases and statutes; do not simply recite facts. Use “under [rule], [conclusion] because [facts].” Include the best counterargument and explain why it fails.
Worked example
Issue: Was the defendant negligent? Rule: A driver owes a duty of reasonable care to foreseeable plaintiffs. Application: Defendant sped through a red light and struck a pedestrian in a crosswalk; the pedestrian was foreseeable, and the conduct fell below the reasonable-person standard. Counterargument: The pedestrian may have been jaywalking, but comparative fault reduces damages rather than eliminating duty. Conclusion: Defendant likely breached the duty and caused injury.
Traps
Do not write a fact summary without analysis. Do not state a conclusion without the rule. Do not ignore the call of the question or the jurisdiction. Do not bury the counterargument.