Whether you`re planning to go to law school, take courses, or graduate and join a law firm, RAIC will pop up in the legal world one way or another. The NCBE is known for introducing multiple-choice tests for bar examination and also provides essay questions to all but a handful of jurisdictions. They know what they are looking for. If you receive a question about the drums, you should be able to recite: « A drum is an act with the intent to make harmful or offensive contact. or an imminent fear of such contact . Without much hesitation. Don`t just say, « Archer met Cyril and it`s a battery. You must present this statement in legal language – after all, you are training to become a lawyer! As prospective law students learn it, what we call « legal reasoning » can be expressed through the RAIC formula. It stands for Issue, Rule, Application and Conclusion. This is the format used by lawyers when creating legal briefs. And the structure that most judges use to prepare legal opinions.
It`s also the kind of analysis that law professors – and especially bar examiners – are looking for. Do not worry. You probably won`t be asked to write a persuasive essay or analyze another TED talk video for ethics, pathos, and logos. With the growing popularity of online law school, you may even be able to dodge the Socratic method experience. But there is what is called the RAIC method that prospective law students should prepare for. RAIC (Issue, Rule, Analysis and Conclusion) is the cornerstone of legal analysis. This is the process by which all lawyers think about all legal issues. The beauty of the RAIC is that it allows you to reduce the complexity of the law to a simple equation. For each case you read, extract the rule of law by breaking it down into its components. In other words, ask yourself: What elements of the rule must be proven for the rule to apply? Origin.
Where does the RAIC come from? One researcher explains: « Although many researchers refer to the RAIC in the legal literature, there is no clear record of its origin. » The first mention of the RAIC found in a search of the legal literature was in 1961. Home » Student Lawyers Blog » Faculty of Law 101 » Tips for Examinations and Studies » Legal Justification? It`s all about the RAIC, so come to a conclusion. Don`t be too clear (« Pam will definitely win »), but don`t be too ambiguous either (« It depends on what the court decides »). Saying something like, « Pam will probably make it. » is enough. RAIC stands for the « Issue, Rule, Application, Conclusion » structure of legal analysis. An effective essay follows a form of RAIC structure in which it is organized around a « problem, » a « rule, » an « application, » and a « conclusion » for each individual problem and sub-problem identified as a legal problem. We will examine each of them in more detail. But first, here are some things to consider when writing legally: The legal problem would not exist if no event had occurred. The RAIC method is not as bad as you might think. It just takes a little practice and a lot of muscle memory. The RAIC is as central to legal analysis as E=mc2 is to legal analysis. More than three decades ago, Terri LeClercq, a law professor at the University of Texas and a leading legal writer, called the RAIC « the golden rule for organized legal discussion » (Texas Bar Journal, February 1987).
A recent Michigan Bar Journal article by Michigan State University law professor Stephanie LaRose confirms that, despite some criticism, « variants of the RAIC method continue to be the gold standard for legal briefs and short writings » (Michigan Bar Journal, November 2018). Get the gold! (Wikipedia lists more than 20 variants.) Our own legal writing guru, Professor Emeritus Joe Kimble, also supported the RAIC (The Second Draft, November 1995). As well as Nelson Miller, Associate Dean Emeritus and Professor of UMM-Cooley. His book Preparing for the Bar Exam (2015) states bluntly: « The RAIC is king here as elsewhere. » A 2003 article by Jeffrey Metzler in the University of Detroit`s Mercy Law Review, « The Importance of RAIC and Legal Writing, » rightly concludes: « The RAIC is the key to success in law school exams, bar exams, and a successful litigation career. » Any doubt that the RAIC is the key to success in writing bar exam essays is dispelled by Rule 3(B) of the Michigan Board of Law Examiners. It states that a high-scoring response « demonstrates a complete understanding of the facts, full recognition of the issues presented and applicable legal principles, and excellent ability to conclude. » It sounds like the RAIC, doesn`t it? (There is no F in the RAIC, but the A requires that the rule be applied to the relevant facts.) Even more direct is this passage from a 2005 article in The Bar Examiner, published by the National Conference of Bar Examiners: « A candidate must demonstrate mastery of the fundamentals of the RAIC (the issue-rule-application-conclusion structure of legal analysis). » The NCBE is known for introducing multiple-choice tests for bar examination and also provides essay questions to all but a handful of jurisdictions. They know what they are looking for. (In 2022, Michigan will begin using NCBE drafting questions.) Notice how each item is methodically proven based on the facts provided. Even if something like entering seems self-evident, the fact that the defendant actually crossed the threshold must be indicated for the legal analysis to be complete.
The conclusion is a summary of your legal analysis. Remember to end on a strong note while sticking to the facts. Importance. The RAIC is as central to legal analysis as E=mc2 is to legal analysis. More than three decades ago, Terri LeClercq, a law professor at the University of Texas and a leading authority on legal writing, called the RAIC « a golden acronym for organized legal discussion. » A recent article by Stephanie LaRose, a law professor at Michigan State University, confirms that, despite some criticism, « variants of the RAIC method continue to be the gold standard in legal briefs and short writings. » Get the gold! (Wikipedia lists more than 20 RAIC variants.) The problem mechanically determines which rule is applied. Any doubt that the RAIC is the key to success in writing essays in bar exams is dispelled by this passage from an article in The Bar Examiner published by the National Conference of Bar Examiners (NCBE): « A candidate must demonstrate mastery of the fundamentals of the RAIC (the structure-rule-application-conclusion-resulting from legal analysis). » Meanwhile, HR manager Pam heard screams and wanted to see what was going on. As she hurried to the cafeteria where the riot was coming, she slipped on the beer Archer had spilled and injured her knee. Discuss any tort claims that the parties may have.
The RAIC is a good model for first-year law students. However, when printing the exam, many students omit the most important part of the equation – analysis. To illustrate the importance of analysis, I have modified the traditional model in what I call the RAIC triad. Some professors may not want to see this language – the question is if. they get the same result, for example, with other words « Did » or « Can ». Don`t fixate on the tongue. Follow your teacher`s instructions and find that in both cases you will get the same result: the identification of the legal problem. Your conclusion should generally not exceed one paragraph and should address the legal issue again.
If there is more than one issue, make sure each issue is resolved. The conclusion should also provide the expected legal decision. Remember the joke: « I need to find a one-armed lawyer. I`m tired of them saying « On one side » and then « On the other side. » « Well, it`s not a joke – that`s what we lawyers do: flip the question, look both ways. When you write answers to exams, you act like a lawyer. This element represents the law or laws applicable in the particular case. Another common mistake is to close something without having a basis for opinion. In other words, students will recognize the problem, specify a rule, and then formulate a conclusion without performing the analysis. Make sure that every position you take has a solid foundation in the analysis. Remember that the position you take is always whether the rule applies or not. Identify and state the legal conclusion you want the court to reach, probably every lawyer`s favorite part on RAIC is the conclusion because it means they`re almost done writing! As with any high school and college essay you`ve ever written, here you summarize all of your legal ideas. One researcher said: « Although many researchers refer to the RAIC in the legal literature, there is no clear record of its emergence and underlying principles. » The first reference to the RAIC found in a search of the legal literature was in 1961 (Student Lawyer Journal, October 1961).
One origin story is that the RAIC was developed by the U.S. military to teach a sudden mass of raw recruits enlisted for World War II how to solve problems on the battlefield. That`s right: The RAIC helped Michael Josephson, then a junior law professor at Wayne State University, create a power plant for bar exams. In the early 1960s, there was only one bar review course in Michigan: Melvin Nord`s Bar Review. « Dr. North » himself gave a lecture on each topic. But even though the Michigan Bar exam was only an essay at the time, Nord`s course didn`t spend much time writing essays. In 1969, Professor Josephson began a concurrent bar review course with two compelling differences: he hired experienced law professors to lecture and he emphasized writing essays based on the RAIC.