Civil Procedure I

Testing

IRAC

Example format:

Issue
Rule (general)
Analysis #1
Conclusion #1
Analysis #2
Rule (specific to #2)
Analysis (specific to #2)
Conclusion #2
Fairness Factors
Rule (for FF)
Analysis (for FF)

Should probably organize by method of personal jurisdiction, not by defendant. Defendant'd be second, and state would be last.

  • State the issue
  • State the Rule completely before state another urle or analyze
    • i.e. State rule for domicile of individual and then apply it
    • Then state rule for domicile of company and then apply it
  • Use full sentences, not paraphrase or shorthand
  • Only receive credit once for stating a case or rule.
  • Keep each paragraph limited to one issue, and address it completely
  • Address each defendant ...
  • Do not list irrelevant rules
    • Tell the ones that apply, then apply it right then. Analysis is very important! If you cannot apply it, ehtn dont' state it. wastes time that you don't havee
  • Do not simply list facts or bunch together and expect hte professsor to apply the for you
  • Do not go overboard with tactics when it is not hte question
  • do not use a strawman argument—do not use rules not remotely applicable here
  • Start with strongest issues, not weakest
  • Do not be wishy-washy. Avoid "maybe," "possibly," "could"...
  • Don't abbreviate, including "Int'l Shoe" as "Shoe." Denckla's okay.
  • Bas examiners or supervising attorneys won't know "tag" jurisdiction, "safety valve" test
  • Pace yourself

Does LAS Apply in CA, LVA? -> Is Due PRocess satisfied: Min Con rule -> State 1: D1, D2, Subrule for D2, SRA D2, D3 -> State 2: D1, D2, D3 -> FF

  • Even if all three have alternative basis for purposeful availment, never mush with min contacts. Just put after D1's general analysis.