Legal Writing and Analysis
Legal Writing and Analysis
Legal Writing tests whether you can construct a persuasive, accurate answer under time pressure: issue spotting, rule statement, application, counterargument, and conclusion. The exam rewards clear structure and fact-specific reasoning, not rhetorical flourish.
Core rules
- IRAC/CREAC: State the Issue, Rule, Application, and Conclusion. In CREAC, lead with the Conclusion, then explain the Rule, apply it, and revisit the conclusion.
- Rule synthesis: Combine statutes, cases, and principles into a coherent test. State the elements and the relevant standard; do not cite a case for a proposition it does not support.
- Fact application: Tie every legal element to specific facts. Explain why the facts satisfy or fail the element; use “because” clauses.
- Counterargument: Identify the strongest opposing inference, answer it, and explain why your conclusion still holds.
- Clarity: Use short paragraphs, active voice, defined terms, and headings. Avoid block quotations and string cites.
- Citation: Cite authority for legal propositions and the record for facts; follow the required citation style consistently.
Worked example
Issue: Did D breach the contract by delivering on 15 May when the agreed date was 1 May? Rule: A material term is essential; failure to perform on time is a breach unless excused. Application: The date was described as “delivery 1 May,” and B had arranged storage from that date. D’s delivery two weeks late caused B to incur storage costs. The delay is material because timing was central and B did not waive it. Counterargument: D may argue the contract was formed on 15 May after B’s counteroffer. That fails because B’s counteroffer changed a material term and A never accepted it. Conclusion: D breached the 1 May term and is liable for foreseeable storage costs.
Traps
Do not write a conclusory answer without applying facts. Do not ignore the counterargument. Do not misstate the standard of review or the holding. Do not pad with facts already given; analyze them. Do not use ambiguous pronouns (“it,” “this”) when the referent matters.