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The Wonderful World of CReAC

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by

Jason St. Aubin

on 2 September 2010

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Transcript of The Wonderful World of CReAC

The Wonderful World of CReAC Conclusion
addresses the issue on which it is concluding
lawyers and judges are busy people and want answers right away
the whole point of writing up a legal analysis is to provide someone with an answer to a legal question
if the analysis does not provide this information immediately...




Rule
supervisors and judges respond to the rules
the use of binding authority advances legal arguments
they want to know the rules governing the discussion Explanation
readers expect to see an explanation using authority of the governing rule
lawyers and judges are skeptical people
lets the reader know very quickly that the writer’s answer is backed up by the law
could be a couple sentences or a couple paragraphs
draws on using more authority to define rules by example, illustration, analogy, etc.

Application
puts the rules and facts together for the reader
let's the reader understand the connections in between the facts and the law
eschews the writer's personal opinions and focuses on the facts and law
can include a counter-analysis, "the other side" and a response Conclusion
a final conclusion summing up the impact
used to give the reader direction, CReACs can be long! Components of a good CReAC
initial conclusion includes what the answer to the issue is
rule is succinct, appropriate, cited correctly
explanation uses authority in a way that adds to the original rule
conclusion is succinct and summarizes well A Day in the Life of Mary Jane Smoker You were prosecuting Mary Jane Smoker for Possession of Marijuana, and wrote the following CReAC for your supervisor, who was disappointed in you. How on earth did this happen?

Mary Jane Stoner will be in trouble. Anyone possessing less than one half ounce or less of marijuana is guilty of a class 3 misdemeanor. N.C. Gen. Stat. 90-95(d)(4). Mary Jane possessed some marijuana. It is important that people who carry marijuana do not go unpunished. Anyone who has drugs in concealed in a pocket on their person is in actual possession of the drug. State v. Smith, 145 N.C. App. 456, 132 S.E.2d 323, (2005). Mary Jane had drugs in her pocket. Therefore, she is guilty. WHO LIKES LASAGNA? PUZZLE TIME! What happened to Charlie Kelly?

Dennis, Mac, and Charlie were hanging out together at Paddy's Pub, a bar that Dennis and Mac owned
together in Minnesota. Charlie worked for them, cleaning glasses. Charlie decided that he was going to work on his new invention, "kitten mittens," during business hours. Dennis and Mac were not impressed. "Dude," said Dennis, "if you are going to do that, go work on those stupid things in the basement." "Yeah," said Mac, shooing Charlie away with his hands,"stay down there and don't come out!" Charlie, somewhat confused as usual, did as he was told and made his way down to the basement, kitten mittens in hand. Mac and Dennis then locked the door to the upstairs area of the bar. There are no other doors leading out of the bar's dingy basement.

Once down there, Charlie realized that his friend Frank was running an illegal poker game in the basement
of the bar. At first incensed at his inability to perfect the kitten mitten, he decided to sit down and play a couple of hands. This led to a couple more hands. After 3 hours, Charlie decided to go upstairs to use the restroom. He tried to open the door, but could not do so. He decided that the bathroom could wait, because a commotion downstairs signified the beginning of a really big hand. One of the players was betting their glass eye! Excited, Charlie raced
back downstairs and played poker all night. Mac and Dennis opened the bar up again that morning to find Charlie
asleep on a palette in the basement with a host of other unwelcome guests. When they explained they had locked
Charlie in the basement all night, he was livid and is now suing them for False Imprisonment. "Can I get a CReAC?" Charlie Kelly also needs help with his kitten mittens...
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