IRAC, mirroring and language control for LLM students in legal writing

“Lacks control of language” — This is one of those feedback comments that sounds incisive and succinct to us writing instructors but which, for non-native English speakers, is actually very subjective. It describes a writer who isn’t communicating her ideas in a clear or accurate manner.

In my writing work with LLM students, we work on the fundamentals of IRAC-style essays in the context of law school exams. And I work with my students on an idea we call “mirroring,” which means that certain key words from the Rule section need to also be present in the Analysis section. And those words then need to be equated with key facts to demonstrate that such facts do or do not meet the standard set by the Rule.

However, connecting rules and facts in one sentence frequently requires students to have the grammar to connect their ideas. Otherwise, the sentences come out as separate, seemingly disconnected statements. That is, they lack control of their writing. Also, when students lack confidence in their control of their writing, they often avoid the language they need to connect rule and facts, and the Analysis can end up just being a recitation of the facts followed by a leap to a conclusion. Continue reading

What part of the case brief?

The other day in class, working with another one of the Lefkowitz v. Great Minneapolis Surplus Store, Inc. case briefs, I again asked the students what tense they noticed in the Issue section. The students pointed to past tense in the two questions conveniently labeled (1) and (2). But then there was an additional sentence that followed on the next line:

Defendant contends that it was a “unilateral offer” which could be withdrawn at any time without notice.

 A student correctly pointed out that present tense was being used. But then I asked, “Where’s the question in this statement?” The students talked for a minute and quickly concluded that that statement really didn’t belong in the Issue section.

Next question: So where does it belong? And more importantly, how do you know?

One student suggested the Facts section since it seemed to be providing information about one of the parties to the case. So I then asked, what tense do we generally find in the Facts? Past tense, yet this is present.

Also: When do the facts happen? In the past, before the trial starts. What does “contend” mean? Argue. When do you argue? During the trial. Hence, this sentence should not be in the Facts section. Continue reading