Anyone here an IRAC written exam expert?
Posted: Fri Nov 25, 2011 4:16 pm
I have 3 written exams this semester and all three of them are IRAC (obviously). 1 profesor wants us to have very detailed IRACs, like pages on a single issue of negligence. Im basically concerned about 1 thing, how much if any facts of a casebook cases do I need to include in my analysis?
Do I need to briefly discuss the facts of a case I cite to for causation-in-fact or is it sufficient to say; "the instant issue will use the but-for test to determine whether Z was the actual cause of Y's injuries. The but-for test looks into whether an injury would occur without defendants negligent act or omission, if it would occur regardless of defendants act or omission then the defendant is not the actual cause of the injury. See Hill v. Edmonds. Y will argue, but-for Z's tailgating of Y, no accident would have occurred, and thus Y would have sustained no injuries. If Z had the appropriate distance between himself and Y, Z would have had time to brake and avoid the collision that injured Y. Therefore, Z was the actual cause of Y's injuries. On the other hand Z will argue that Y was the actual cause of the collision because Y negligently stopped in the road. But-for Y's stopping in the road, Z would not have struck Y's vehicle. However this is not a valid defense because there is no requirement that Z's negligence be the sole negligent act that led to the injury. See Hill v. Edmonds"
If someone could rate this and give me any tips on how I can improve I would greatly appreciate it.
Thank you!
Do I need to briefly discuss the facts of a case I cite to for causation-in-fact or is it sufficient to say; "the instant issue will use the but-for test to determine whether Z was the actual cause of Y's injuries. The but-for test looks into whether an injury would occur without defendants negligent act or omission, if it would occur regardless of defendants act or omission then the defendant is not the actual cause of the injury. See Hill v. Edmonds. Y will argue, but-for Z's tailgating of Y, no accident would have occurred, and thus Y would have sustained no injuries. If Z had the appropriate distance between himself and Y, Z would have had time to brake and avoid the collision that injured Y. Therefore, Z was the actual cause of Y's injuries. On the other hand Z will argue that Y was the actual cause of the collision because Y negligently stopped in the road. But-for Y's stopping in the road, Z would not have struck Y's vehicle. However this is not a valid defense because there is no requirement that Z's negligence be the sole negligent act that led to the injury. See Hill v. Edmonds"
If someone could rate this and give me any tips on how I can improve I would greatly appreciate it.
Thank you!