Lesson Plan: Legal Writing
Politics
Objective
To help students think about structuring an argument.
Total estimated time
45 min
Work Completed Before Class
No prior reading is necessary, though a selection of legal writing (memo, brief, or opinion) could be helpful to their understanding.
In class
- Discuss the general structure of legal writing: This exercise will give some insight into legal writing and analysis. The structure is also helpful in non-legal writing because it is an effective method for crafting an argument and predicting results. (15 min)
Identification of the issue
Rule of law (for that particular issue) with explanation:
- Rule Statement
- Rule Explanation
Application of the law to new facts (your client’s), including counter-analysis
Conclusion on that particular issue
- Review a brief fact pattern (see below) that identifies a particular legal issue, and the law that pertains to that issue. (15 min)
- Each student will draft a paragraph (15 min):
- identifying the issue,
- stating and explaining the rule of law,
- applying the law to the facts, and
- drawing a conclusion.
Remember this is a writing exercise so don’t get bogged down in the law. IRAC is a logical way to apply particular evidence to a standard rule and make a prediction or create a theory. You will find this can help with constructing an argument in Social Science writing.
Fact Pattern
In order to win a suit against Olympia Department Store on the grounds of intentional infliction of emotional distress, Livia Augusta must show that the conduct of the store was intentional or reckless. Read the following summary of Davis v. Finance Corp. on the requirement of reckless conduct. Then read Augusta's account of Olympia's reckless conduct. List the points you will make to show Olympia was reckless. Then list: the points that show Olympia was not reckless. After this, write a discussion on whether Augusta can show Olympia acted recklessly.
Davis v. Finance Corp. Defendant's conduct must be intentional or at least reckless to be actionable. If reckless, the conduct must: be such that there is a high degree of probability that the plaintiff will suffer severe emotional distress and the actor goes ahead in conscious disregard of it.
Mrs. Davis told Finance Corp. that its visits to her at the hospital where she visited her ailing daughter were upsetting her daughter so much that her recovery was being impeded. Davis added that she herself was becoming extremely anxious, worried, and angry that Finance was dragging a patient into a dispute that "was none of the patient's doing." Upon hearing this, Finance Corp. suspended its visits to the hospital. At a later date, Davis informed Finance that "its harassment was driving her nuts."
The court held that the conduct of Finance Corp. was not reckless because it suspended its visits to the hospital when it became apparent that there was a high degree of probability that severe emotional distress would follow from those visits. It also stated that Davis's warning that Finance was "driving her nuts" did not sufficiently establish reckless conduct leading to severe distress since the phrase is routinely used to describe such trivial reactions as a parent's irritation at a child's misbehavior.
Livia Augusta told her attorney that she began informing Olympia personnel that its harassment was causing her insomnia, nightmares and weight loss after three weeks of abusive phone calls. After four weeks, Livia wrote the following letter to the president of Olympia. The conduct of your personnel in pursuing payment for a purchase I never made is having a horrendous impact on my health and emotional stability. My physician is giving me tranquilizers around the clock to control the acute anxiety I have been experiencing, This situation is intolerable, and I expect you, as president of the store, to clear this matter up before I become a complete wreck.
The president wrote back to Augusta promising that he would resolve the matter, but telling her it might take a week or so to clear up the confusion. Two weeks after this response, Augusta received a letter from Olympia saying it had reported her delinquent account to the Credit Rating Bureau.
Developed at Brandeis University through a grant from the Davis Educational Foundation