Mission statement of four seasons hotel

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CREAC and the Objective Memo

CREAC and Legal Analysis

Golden Rule:

Explain the law before you

Apply the law.

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What is CREAC?

Acronym for:

Conclusion

Rule

Explanation

Rule Examples; Case Illustrations

Application

Legal Analysis; Case Applications

Conclusion (restated)

Use CREAC to organize a legal analysis based on one or more cases or authorities

Related Acronyms

TREACC

Thesis

Rule

Explanation

Application

Counter Argument

Conclusion

CRAC

Conclusion

Rule

Analysis

Conclusion

IRAC

Issue

Rule

Analysis

Conclusion

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Conclusion

Your answer to the legal question (issue).

In a memorandum, this is phrased as a statement, not a question.

You may refer to your client here, but not in the Rule or Explanation sections.

Position:

Most helpful as a heading.

Can repeat as topic sentence.

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Conclusion—Examples

As a heading

I. Clifton’s actions toward Gorski during the comedy routine were not so extreme and outrageous that they could be considered “beyond all bounds tolerable to society.”

As a topic sentence

The covenant not to compete is unreasonable because the Don Rayne (the employer) imposed restrictions on Peggy Day (the employee) that were not reasonably necessary for the protection of his business.

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Rule

“R” stands for the rule or rules that you draw from a statute, case or cases, and/or other authorities concerning the specific issue you are discussing.

No Client Names in the Rule or Explanation Section.

Example:

In order to succeed in an action for IIED, a plaintiff must prove four elements: “(1) the wrongdoer’s conduct was intentional or reckless…(2) the conduct was outrageous, that is, as to go beyond all bounds of decency, and to be regarded as odious and utterly intolerable in a civilized community; (3) the conduct caused the emotional distress; and (4) the emotional distress was severe.” Metropolitan Life Ins. Co. v. McCarson, 467 So. 2d 277, 278-9 (Fla. 1985).

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Rule (continued)

Sometimes a RULE will be specific and straightforward.

Statute

Key Precedent Case

Example:

Statute XXX.XX interprets the term “weapon” to include a switchblade.

What is the rule in our client’s case?

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Rule—Synthesized Rules

Synthesized Rules

In Common Law jurisdictions (particularly), sometimes a rule must be created by synthesizing case law.

Also known as an “interpretive” rule.

Example:

To be actionable under the theory of IIED, conduct must be “outrageous.” Slocum. Conduct is outrageous where … Korbin. Outrageous conduct includes … Korbin. Outrageous conduct never includes … Slocum

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Rule (continued)

Broad to Narrow

The order in which you present rules is important.

Think of the RULE section as an inverted pyramid

(1) Use binding authority (wherever possible) to establish the general rule(s).

(2) State the most general rule first

(3) Order rules in logical order from more general to more specific

Example

(1) Elements;

(2) Defenses or Exceptions;

(3) Major requirements;

(4) Minor requirements.

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Rule (continued)

Tell the reader up front if any elements or factors are not at issue in your client’s case.

Example

In this instant case, there is no dispute regarding whether Sunset Trails is a state-owned park. Furthermore, Mr. Smith admits that he was asleep at the time of his arrest. Accordingly, the only element at issue is whether he was sleeping in a designated “picnic area.”

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