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Legal Format to Use When Writing Memos for Court: IRAC
After the step response of demand, each party has the opportunity to present motions and discovery. In general, the movement is quite short, but contains a Memorandum in Support of the Proposal, or, in its defense against a motion, a memorandum in opposition. These notes summarize the legal arguments supporting or opposing the motion (a motion is a request for the court to do something). To be effective, notes should be based on sound legal principles and the support of the facts. Using the "IRAC" is written memoranda allows the court to follow a legal argument the way they are accustomed to seeing.
Law students are taught to write notes in the form of the first class IRAC. IRAC means number, the rule implementation, and Conclusion. The theme is a brief summary of the dispute. The Rule is the section that contains all the elements or legal requirements that must be proven and should be followed by the law in question or a case of that jurisdiction of the court explaining the rule elements. The application is how the facts support or oppose the particular elements of the Rule. This is where the argument persuasive selling comes into play. The part of the application of "IRAC" must begin with the word "Here" to tell the court the writer moves in the application stage. The conclusion is a short sentence sums up what was said. Here is an example of an argument IRAC brief:
[PROBLEM] The question is whether Bob recover damages for fraud lender. [Rule] All elements of fraud in Illinois are: 1) Lender made a statement of material facts, 2) the lender knew or believed to be false, 3) the borrower was entitled to rely on the statement, 4) the borrower was based on the statement, 5) the lender is designed to induce the defendants to rely on the statement, and 6) the borrower was damaged in the unit. Siegel v. Organization Development Levy Co., 153 Ill. 2d 534, 542-43, 180 Ill. Dec. 300, 607 NE2d 194 (1992).
[ELEMENT RULE 1] The first element of fraud requires the lender makes a statement of material facts. [APPLICATION OF THE RULE OF ELEMENT 1] In this case, the lender Bob told the loan would be a fee of thirty year fixed. (Bob Affidavit, p. 1.) [TERMINATION OF ELEMENT 1] Thus, the lender makes a statement of material facts.
[RULE ELEMENT 2] The second element of fraud requires the lender knew or believed that the statement is false. [APPLICATION OF ELEMENT 2] In this case, the roles of lender Bob presented the firm said that the loan was an arm of two years. As can be seen as an agent of the lender, Patty Jones, the lender never intended providing a loan of thirty years Bob fixed. (Patty Jones Affidavit, Page 1.) [CONCLUSION ELEMENT 2] Therefore, the lender made a statement I knew it was false.
.... After each item is explained in its own paragraph, a general conclusion is stated in the final ...
[Conclusion] In conclusion, Bob is entitled to recover damages caused by the lender for common law fraud.
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