Loading...

Messages

Proposals

Stuck in your homework and missing deadline? Get urgent help in $10/Page with 24 hours deadline

Get Urgent Writing Help In Your Essays, Assignments, Homeworks, Dissertation, Thesis Or Coursework & Achieve A+ Grades.

Privacy Guaranteed - 100% Plagiarism Free Writing - Free Turnitin Report - Professional And Experienced Writers - 24/7 Online Support

Creac

08/01/2021 Client: saad24vbs Deadline: 14 Days

1


CREAC and the Objective Memo


CREAC and Legal Analysis


Golden Rule:


Explain the law before you


Apply the law.


2


3


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


4


5


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.


6


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.


7


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).


8


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?


9


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


10


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.


10


11


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.”


12


Explanation—Case Illustrations


Case Illustrations


Applies rule to the facts of past cases.


Examples from cases help explain the rule by showing how the rule operated in previous specific situations.


Forms a “spectrum of authority” which you can use to predict the outcome of your case.


Uses “analogy” or “analogical reasoning.”


No Client Names in the Rule or Explanation Sections.


13


Explanation—Case Illustrations (continued)


Begin with analogous cases and move through the spectrum.


Use transition words or phrases to help the reader understand how the case relates to the rule.


Example:


In Case A, [t.s./facts/holding/reasoning].

Similarly, in Case B, [t.s/facts/holding/reasoning]

In Contrast, in Case C, [t.s/facts/hold/reasoning]

Likewise, in Case D, [t.s/facts/holding/reasoning]

Case Illustrations (continued)


A complete case illustration contains:


(1) case name;


(2) the relevant facts;


(3) the court’s holding on your legal issue; and


(4) the court’s reasoning (if it would help your audience understand the court’s holding).


14


Sample Format for a Case Illustration


In [case name], [facts] happened.


The court held [X].


The court reasoned [Y].


15


16


Application


Apply the rule and case illustrations to your client’s facts in order to predict a likely outcome.


No Client Names in the Explanation Section.


Never mention your client’s case in the Rule and Explanation sections.


Case Applications—Continued


Case applications compare the case illustration to the your client’s facts.


Emphasizes relevant similarities or differences between the two cases.


Helps the reader or listener understand the relationships between the case illustration and your client’s facts.


17


18


Application—Case Applications


Apply the rule to the facts in your case.


Use Analogies (Analogical Reasoning)


Compare the facts and reasoning of your case (where possible) with those of analogous cases.


Use statements of similarity and dissimilarity.


Like the buyer in Smith, our client also had no prior knowledge of a dangerous defect.


(5) Case Applications (continued)


A complete case application should contain the following:


(1) Statement of Like/Unlike


(2) Actor (precedent case)


(3) Action (precedent case)


(5) Actor (client’s case)


(6) Action (client’s case)


(7) Result/Conclusion


19


Sample Formats for a Case Application


Like [case name], in this case [facts] happened. Therefore, the court should reach the same conclusion.


Unlike [case name], in this case [facts] happened. Therefore, the court should reach a different conclusion.


20


21


Application—Counter Arguments


Consider potential counter arguments (arguments that do not support your conclusion).


State the counter argument, then explain why it is not likely to change your thesis or prediction.


Example


The defendant may argue that no negligence existed because they were unaware of the defect. However, this argument is not likely to be persuasive because lack of knowledge is not a defense in a product liability case.


21


22


Conclusion (Reiterated)


Predict the outcome.


“The court will likely find …”


Make it fact-specific to your client’s case.


“Based on facts a, b and c, Plaintiff will be able to demonstrate ...”


It may seem repetitive, but it reinforces the structure of your analysis.

Homework is Completed By:

Writer Writer Name Amount Client Comments & Rating
Instant Homework Helper

ONLINE

Instant Homework Helper

$36

She helped me in last minute in a very reasonable price. She is a lifesaver, I got A+ grade in my homework, I will surely hire her again for my next assignments, Thumbs Up!

Order & Get This Solution Within 3 Hours in $25/Page

Custom Original Solution And Get A+ Grades

  • 100% Plagiarism Free
  • Proper APA/MLA/Harvard Referencing
  • Delivery in 3 Hours After Placing Order
  • Free Turnitin Report
  • Unlimited Revisions
  • Privacy Guaranteed

Order & Get This Solution Within 6 Hours in $20/Page

Custom Original Solution And Get A+ Grades

  • 100% Plagiarism Free
  • Proper APA/MLA/Harvard Referencing
  • Delivery in 6 Hours After Placing Order
  • Free Turnitin Report
  • Unlimited Revisions
  • Privacy Guaranteed

Order & Get This Solution Within 12 Hours in $15/Page

Custom Original Solution And Get A+ Grades

  • 100% Plagiarism Free
  • Proper APA/MLA/Harvard Referencing
  • Delivery in 12 Hours After Placing Order
  • Free Turnitin Report
  • Unlimited Revisions
  • Privacy Guaranteed

6 writers have sent their proposals to do this homework:

University Coursework Help
Helping Hand
Top Essay Tutor
Writer Writer Name Offer Chat
University Coursework Help

ONLINE

University Coursework Help

Hi dear, I am ready to do your homework in a reasonable price.

$62 Chat With Writer
Helping Hand

ONLINE

Helping Hand

I am an Academic writer with 10 years of experience. As an Academic writer, my aim is to generate unique content without Plagiarism as per the client’s requirements.

$60 Chat With Writer
Top Essay Tutor

ONLINE

Top Essay Tutor

I have more than 12 years of experience in managing online classes, exams, and quizzes on different websites like; Connect, McGraw-Hill, and Blackboard. I always provide a guarantee to my clients for their grades.

$65 Chat With Writer

Let our expert academic writers to help you in achieving a+ grades in your homework, assignment, quiz or exam.

Similar Homework Questions

7 segment display k map - Discussion post on qualitative and quantitative research designs. - 12mm bolt torque setting - University of indiana plagiarism test - Techniques in discursive writing - How to merge fluorescent images in photoshop - Aquinas and augustine on the role of religion in government - Advance Taxation - What is an era in psychology - Prepare a bank reconciliation at july - Difference between intramodal and intermodal transportation - Intelligent Systems Implementation Process - Discussion: Why Does This Matter? - Kongsberg simulator mc90 free download - Las vacaciones de ____ buenas año - Extra credit assignment - John radcliffe hospital wards - Bodega dreams essay - Examples of pressure group success - Periodic table color coded metals nonmetals metalloids - 7 stages of business growth - Tank world coffs harbour - Lifestyle and health practices profile - How to increase your bolt score - Media and culture 11th edition pdf - Heating curve of water lab data - The crusades crescent and the cross part 1 - All resources are limited marketing - Discussion Topic - Musicians and composers were basically servants to courts and/or churches during the Baroque period. What similarities and differences can you draw to the music industry today? - Sales value at split off - Main rules of badminton - 41/17 great southern drive robina - Western afghan hound club - Psychology - Different kinds of stages in drama - American History Reform - Measurement Scale - Angular distance and displacement - 3.3 bar in psi - MKT 398 - Ceiling joist size australia - How to write a tv show analysis - Mcgraw hill connect marketing simulation answers backpack - Which spell causes objects to swell - As1100 drawing standards pdf - Dis - Teenage wasteland short story pdf - Operational plan of coca cola company - Decision making styles university of phoenix - The traditional technique used to departmentalize an organization is by - Periodicity puzzle worksheet answer - Using HIN website - Thomas jefferson vs alexander hamilton conversational cartoons worksheet - Exponential smoothing problems and solutions - Religious study, essay - Hi can someone plz write this for me? Thanks - Dr con archis hurstville - Al qalaa restaurant london - Wee 3 individual - In zechariah, the main them is “restore the king.” - Lies my teacher told me chapter 11 - Spanish eyes karaoke elvis - Caspar david friedrich style - I need 1500 words in IT Strategic Plan for Victoria University - Varactor diode tuning circuits - Feast watson stain colours - Summary of the tempest by william shakespeare - Praise is rising hearts are turning to you - Use integer in a sentence - Nos van a servir el café - Lab report heat of reaction - Piaget believed that infants and toddlers - Spelling words for grade 3 - A Career and Semiotics - Stealing carol ann duffy poem - Cash to monthly cash expenses ratio - Msbi certification 70 448 dumps - Drama terms crossword puzzle pdf - Derived demand definition economics - 8/21 holbrook avenue kirribilli - Legislation Comparison Grid and Testimony/Advocacy Statement - The odor of an amine can be neutralized with - Financial Management - Answer a questions - Loss of individuality in the handmaid's tale - Collaboration diagram for student registration system - Eva and les erdi emergency and trauma centre - Powerpoint Should Consist Of 20 Slides. Rubric Is Attached .PLEASE FALLOW THE RUBRIC - Tandberg edge 85 mxp - Organizational culture and readiness assessment tool for ebp - Hans and zacharias janssen - Code of human research ethics - Personal Ethical Considerations Paper - How to enter charges in epic - Isaac royall and his family robert feke - Case study on consumer behaviour with questions and answers - Shogun finance v hudson - Braidwood's academy for the deaf and dumb - Bernard williams the human prejudice