CREAC
What does the second C in CREAC stand for?
Conclusion
What is rule-based reasoning also known as?
Deductive reasoning
What type of rule is this? "It is illegal for anyone under the age of sixteen to operate a motor vehicle."
Simple declarative rule
True or false: Using concrete subjects and action verbs is the strongest way to write a sentence.
TRUE
What is the purpose of a legal memorandum?
To provide an objective analysis on a legal issue/predict how the court will consider a legal issue
What is the "E" section of CREAC?
Explanation of how previous courts have applied the rule
What is syllogism?
A form of deductive reasoning wherein the relationship of two premises lead to deduction on a third proposition.
What type of rule is this?
"In determining whether a classification of persons qualities as a quasi-suspect class under the equal protection clause of the US constitution, the class of persons must be a recognized minority group or is politically powerless"
Disjunctive rule (either/or test)
True or False: The subject and verb in a sentence should be separated from one another (at the beginning/end of the sentence accordingly)
FALSE
What is an emailed memo called?
Short-form memo
What is the "A" section of CREAC?
Applying the rule to the present case facts
What is analogical reasoning?
Inductive reasoning that allows you to draw a conclusion about a new situation bu drawing on prior knowledge of a similar situation
What type of rule is this?
"A structure in the nature of a fence is covered under the spite fence statute if it unnecessarily exceeds six feed in height and its size, scale, and positioning on the land can be reasonably interpreted as a fence"
Conjunctive rule (and test)
25
What are the component parts of a full umbrella paragraph?
Thesis sentence, overarching rule, roadmap
Can a single memo have multiple CREACs?
Yes!!
What is necessary to successfully utilize analogical reasoning in your writing?
1. Fact comparison between precedent and present case
2. Full rule application using a complete analogy that explains what the court did in the precedent case(s) and why, and what the court will likely do in the present case and why.
What type of rule is this?
"In ruling on a motion to exclude evidence, the probative value of the evidence must be weighed against its potential prejudicial effect"
Balancing test (one or more factors has more weight)
What is the formula for a strong thesis sentence?
Identify the topic of paragraph/legal conclusion and explain why with a because clause.
What are the component parts of a brief answer?
Qualified answer to the question(s) presented, statement of the rule, summary of how the rule applies to the present case.
Without using the word "rule," what is the "R" section of CREAC?
A statement of the test courts use to determine the legal issue at hand.
What is policy-based reasoning?
Considering the broader societal impact of how you interpret the law.
What type of rule is this?
"A lawyer shall not prepare any document giving a gift to the lawyer from the client unless the client is related to the lawyer, or the gift is insubstantial"
Defeasible rule (contains an exception)
True or false: Passive voice makes legal writing stronger.
How are point headings properly formatted?
Bold and single spaced. First level delineated with roman numerals, second with capital letters, and tabbed in appropriately according to heading level.