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JD Next Exam Complete Questions And Answers
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JD Next Exam Complete Questions And Answers
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JD Next Exam Complete Questions AndAnswers
FIRAC Acronym CORRECT ANSWERS F Ivan Right After Class
FIRAC stands for CORRECT ANSWERS Facts, Issues, Rule of Law, Analysis, and
Conclusion
F FIRAC: CORRECT ANSWERS Facts
What happened? Keep it simple (nothing superfluous)
What are the different kinds of facts? CORRECT ANSWERS 1. Story telling
2. Legally dispositive
What do you always state in case brief? CORRECT ANSWERS 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? CORRECT ANSWERS 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.
Story-Telling Facts CORRECT ANSWERS 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 CORRECT ANSWERS 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... CORRECT ANSWERS Is NOT
found in express words of the case
, Legal rules are CORRECT ANSWERS tools to solve problems (have many uses)
The answer to all legal questions is CORRECT ANSWERS IT DEPENDS
What should you include in your Facts section of FIRAC? CORRECT ANSWERS P N.F.
L.D P.P. D C&R
Please Never Forget Large Doses PP Dave Consumed & Replaced
1. Who is the plaintiff?
2. Narrative facts
3. Legally dispositive facts
4. Procedural posture
5. Who is the defendant?
6. The cause of action and the remedy sought.
What should you include in your Issue section of FIRAC? CORRECT ANSWERS The
issue decided in the opinion
describes the question the court is deciding in the opinion
Can have multiple issues for single case
Single sentence per issue
Include dispositive facts and key words/key legal language
how does issue fit in
What should you include in your Rule section of FIRAC? CORRECT ANSWERS R.P.E.
Rhinoceros pull extra
1. The rule applied in this case
2. The policy behind the rule applied in the opinion
3. Whether there are exceptions to the rule applied
What should you include in your Analysis section of FIRAC? CORRECT ANSWERS 1.
The plaintiff's argument
2. The defendant's argument
bulk of case brief.
Why did court rule the way it did/justify it
What were plaintiff's and defendant's best arguments and how did court respond to
them?
Does NOT include issue before court or all of the narrative facts
What should you include in your Conclusion section of FIRAC? CORRECT ANSWERS
1. The holding of the opinion
A holding is not the same as a CORRECT ANSWERS rule
Rule CORRECT ANSWERS the law a court applies to the facts in the case to reach the
holding
a series of holdings
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