IRAC Forum

[sivvy]

I'm a first year law student who is doing her first law subject ever.
I am having trouble getting my head around IRAC... I get the basic gist but would like to see more examples.
Does anyone know of any links with examples?

Sorry for the newbie question!

[twenty]

The issue is whether Walt's statements to Hank are assault.

Assault is (rule): (1) an act by a person intended (2) to create a reasonable apprehension (3) of imminent (4) harmful or offensive contact.

Here (analysis), (1) Walt is a person, and his statement that Hank "better tread lightly" is a voluntary act aimed at Hank because no one else was in the garage and would hear those statements. (2) Walt's statements are ambiguous, but a reasonable person would believe that "best course is to tread lightly" would cause them to become apprehensive. D could argue that the statement is too ambiguous to create reasonable apprehension, and that any apprehension would have stemmed from Hank's confrontation rather than Walt's statements, but this argument is unconvincing because Walt would have known that Hank thought he was dangerous and capable of killing him, and therefore escalated (or created) the apprehension. (3) Hank can't really show that there was any imminent effect, however, since Walt's statements are warnings rather than promises. Walt prefixes his statement with "if that's true" and "then maybe", which would not create a reasonable apprehension of imminence. In order for mere words to constitute assault, past courts have found that the words must be an unconditional promise to do harm, like in [case name]. The same problem arises with (4), where there is no harmful or offensive contact promised by Walt's actions. Hank, a veteran DEA agent, would be hard-pressed to argue that Walt, a cancer-survivor who was several years older, could have taken any harmful or offensive contact against Hank, particularly with family members nearby. Courts have determined that where the threatening party has no obvious ability to inflict harm, even an immediate promise of verbal harm is insufficient, like in [case name].

In conclusion, a court would most likely not find that Walt's statements qualified as assault.

[goodman1]

Please don't bother to even IRAC unless you go to a T14 school. It's not worth the effort.

During your exams you may have to, do it then. Also don't brief your cases at all. Don't put in any extra effort at all if you don't go to a T14.

Even if you are in the top of your class, it doesn't mean anything unless you are at a T14.

[cavalier1138]

Please don't bother to even IRAC unless you go to a T14 school. It's not worth the effort.

During your exams you may have to, do it then. Also don't brief your cases at all. Don't put in any extra effort at all if you don't go to a T14.

Even if you are in the top of your class, it doesn't mean anything unless you are at a T14.

Isn't this kind of the opposite of how things work, though?

You can perform at/below median at a T14 school and still have good job outcomes, but those same outcomes would require top performance at a lower-ranked school. I mean, that's kind of the entire reason people recommend going for a T14 degree...

[goodman1]

It's T14 or nothing. The reason is even if you are top who will hire you during OCI? Firms will go to top schools. They don't care if you went to a T40-50 and were top. They simply have no interest in hiring from a T40-50.

Law school is not what it seems. I know I have made my mistakes.

[Good Guy Gaud]

Sounds like someone is having a bad day.

[nunumaster]

It's T14 or nothing. The reason is even if you are top who will hire you during OCI? Firms will go to top schools. They don't care if you went to a T40-50 and were top. They simply have no interest in hiring from a T40-50.

Law school is not what it seems. I know I have made my mistakes.

lol. dead.

[rpupkin]

It's T14 or nothing. The reason is even if you are top who will hire you during OCI? Firms will go to top schools. They don't care if you went to a T40-50 and were top. They simply have no interest in hiring from a T40-50.

This isn't true. The top students at T40-50 schools do very well. Grades are more important--not less important--at a lower Tier 1 school.

[Good Guy Gaud]

It's T14 or nothing. The reason is even if you are top who will hire you during OCI? Firms will go to top schools. They don't care if you went to a T40-50 and were top. They simply have no interest in hiring from a T40-50.

This isn't true. The top students at T40-50 schools do very well. Grades are more important--not less important--at a lower Tier 1 school.

+1

[goodman1]

If you have data, then I would listen to this guy. Otherwise it's still a bad choice. If I could redo, I would.

I know at my T40-50 only 18 percent get permanent placement through OCI.

Good luck IRACing and sorry to hijack this thread.

[Good Guy Gaud]

OCI isn't the only place to find a job, though.

[goodman1]

Yea that's true. But OCI is the most traditional and primary way.

[rpupkin]

If you have data, then I would listen to this guy. Otherwise it's still a bad choice. If I could redo, I would.

I know at my T40-50 only 18 percent get permanent placement through OCI.

Good luck IRACing and sorry to hijack this thread.

How does the bolded support your statement that "even if you are in the top of your class, it doesn't mean anything unless you are at a T14?" Doesn't your "18%" statistic support the opposite of what you're suggesting?

[cavalier1138]

If you have data, then I would listen to this guy. Otherwise it's still a bad choice. If I could redo, I would.

I know at my T40-50 only 18 percent get permanent placement through OCI.

Good luck IRACing and sorry to hijack this thread.

How does the bolded support your statement that "even if you are in the top of your class, it doesn't mean anything unless you are at a T14?" Doesn't your "18%" statistic support the opposite of what you're suggesting?

Right?

I'm really curious about who the 18% are if they aren't the top performers in the class.

[A. Nony Mouse]

Based on being at a lower T1 - yes, people getting jobs through OCI are the top performers (barring personal connections and the like), so grades matter, and also yes, the vast majority aren't getting jobs through OCI, so it's not the "primary" or "traditional" way to get a job at all. But people do get jobs - just far fewer of the jobs are in biglaw than at the T14. And while I know a lot of people are biglaw or bust, those are absolutely not the only law jobs around.

That said, I wouldn't recommend transferring to a lower T1 and expecting to get a biglaw job out of OCI.

Edit: also, since OP looks to be in Australia, this is all REALLY pointless. Sorry, OP.

[cavalier1138]

Edit: also, since OP looks to be in Australia, this is all REALLY pointless. Sorry, OP.

So is it CARI down there?

...I'll see myself out.