Do Now What is a fact pattern What

Do Now • What is a “fact pattern”? • What Amendment protects against unreasonable searches and seizures? • What do police officers need (in most situations) need to search a home? • What is the exclusionary Rule?

Constitutional issues and Legal Writing Pre Law 2

Pre-Law 2: Standard 3 • Construct an argumentative essay developing a claim about how the U. S. Constitution, the Bill of Rights, and landmark cases, such as Miranda v. Arizona, Weeks v. United States, Mapp v. Ohio, and/or Escobedo v. Illinois, have affected the civil and criminal justice system and legal professionals in particular. • The following artifacts will reside in the student’s portfolio: • o technological changes argumentative essay, o pre-trial motion for a criminal case, o motion to suppress evidence, o scenario of suspect’s progression through the criminal justice system, and o legal memo regarding contract.

Big Question - Objective • How do I structure strong legal argument in a legal memo. • I can review a brief fact pattern and list a particular legal issue.

Big Question - Objective • How do I structure strong legal argument in a legal memo. • Students can structuring an legal argument using the general analytical paradigm for legal writing called IRAC

IRAC In this lesson, we study a type of legal analysis commonly referred to as the IRAC method.

IRAC - • IRAC is an acronym that stands for: • I Identification of the issue • R Rule of law (for that particular issue) with explanation: Rule Statement, Rule Explanation • A Application of the law to new facts (your client’s), including • C Conclusion on that particular issue Using this method can help you in your legal writing. counter-analysis

An organized approach to legal analysis is useful for a variety of reasons. First, legal writing is often confusing. IRAC The IRAC method helps break down complex terminology, fact patterns, and legal analysis into easier to understand blocks of text.

IRAC • The IRAC methodology is intended to provide a useful way to organize your thoughts. • Absent instructions to the contrary, you should look to the IRAC methodology as a guideline that can be modified to best suit the task at hand. • For example, you might at times consider including an additional section, if doing so would improve the clarity and organization of your shared analysis. You might also reorder and/or remove a section in order to present a clear and organized summary of a particular legal scenario. Look to IRAC as a guide for organizing your thoughts, and not a strict or rigid outline.

IRAC • The IRAC methodology can also be used to summarize a legal opinion and prepare a case brief. • A case brief is a concise summary of a formal court opinion. Case briefs can be used when doing legal research, preparing for a court appearance, studying for an exam, and/or explaining a case to others. • The IRAC methodology provides an efficient way to outline a court opinion.

Fact Pattern • Review a brief fact pattern that identifies a particular legal issue, and the law that pertains to that issue.

Weeks v. United States (1914) What are the facts of the case? https: //www. youtube. com/watch? v=2 ZBXj. RST 2 LE&t=7 s

Weeks v US • Police entered the home of Fremont Weeks and seized papers which were used to convict him of transporting lottery tickets through the mail. • This was done without a search warrant. • Weeks took action against the police and petitioned for the return of his private possessions.

I – Issue • The I in IRAC stands for issue. • In this section you describe in clear and concise writing, the legal issues or questions raised by the fact pattern. • Remember to state the issue in question form. If • Your fact pattern presents more than one issue, you can prepare a separate IRAC analysis for each issue. • To help identify the issue you might ask: What is the legal question or question that, when resolved or answered, dictated how the case will be resolved?

I – Issue • A thesis statement will forecast for the reader what you will be writing about. • A thesis statement in an essay is a sentence that explicitly identifies the purpose of the paper or previews its main ideas. • A thesis statement is an assertion, not a statement of fact or an observation. • People use many lawn chemicals. • People are poisoning the environment with chemicals merely to keep their lawns clean.

Issue – Weeks • What is the legal question or question that, when resolved or answered, dictated how the case will be resolved?

Issue - Weeks • Did the search and seizure of Weeks' home violate the Fourth Amendment?