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Exam (elaborations)

JD Next Exams 1 review 2024

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JD Next Exams 1 review 2024

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  • August 5, 2024
  • 14
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
  • JD Next
  • JD Next
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Ellah1
JD Next Exams 1 review 2024
FIRAC Acronym - F Ivan Right After Class



FIRAC stands for - Facts, Issues, Rule of Law, Analysis, and Conclusion



F FIRAC: - Facts

What happened? Keep it simple (nothing superfluous)



What are the different kinds of facts? - 1. Story telling

2. Legally dispositive



What do you always state in case brief? - 1. Who is suing whom under what cause
of action for what remedy

2. Clearly state which party is plaintiff and which is defendant

3. Procedural Posture



What is procedural posture? - brief summary of what happened in lower court

history of case

The plaintiff brought a claim for breach of an alleged warranty. The trial court fond
for the plaintiff. The defendant successfully moved to set aside the verdict for
excessive damages and plaintiff appealed.

, JD Next Exams 1 review 2024

Story-Telling Facts - Hawkins (the plaintiff) had substantial scar tissue on his hand
from an incident with electrical wire...Defendant removed much of it from
plaintiff's palm and grafted skin from the plaintiff's chest onto his hand, ultimately
leaving plaintiff's palm "hairy."



Legally-Dispositive Facts - dispositive facts clearly settle an issue.

the fact that the defendant in a personal injury case ran a red light and hit the
plaintiff with their car settles the question of the defendant's negligence.



Dr. McGee (the defendant) repeatedly solicited plaintiff's father to perform an
operation as an opportunity to "experiment on skin grafting."...The defendant
promised the plaintiff that he would only be in the hospital "three or four days"
and then he can "go back to work with a good hand." Defendant "guarantee[d] to
make the hand a hundred per cent perfect or a hundred per cent good hand."



Much of what you need to get out of reading the case... - Is NOT found in express
words of the case



Legal rules are - tools to solve problems (have many uses)

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