The method

Decide first, then write

Civil Procedure and Conflict Resolution · Prof. Coyne & Prof. Dimitriadis · MSLAW · Fall 2026

Method suite · the ten-step worksheet

Casebook: Hazard, Fletcher, Bundy & Bradt, Pleading and Procedure (12th ed.). The syllabus skips Pennoyer and Harris v. Balk and begins at International Shoe, p. 58. Outline draft due 10.5.26; midterm 10.7.26.

IRAC organises an answer you already have. It does not tell you which issue to select, which facts matter, what the court is allowed to consider, or which argument has already been waived. That work comes first, and this page gives it a shape.

Start hereThe methodTen modulesFive problemsVocabularySources
The worksheetRebuild itThe reasoning unitReading a caseThe written exam

The decision worksheet

The reusable decision worksheet

This is a navigation aid, not a claim that every court must decide issues in this order. Some threshold issues can be sequenced differently under governing law. Treat it as a way of working, not a rule about the order in which courts must decide things.

StepQuestionRequired output
1. TaskWhat exactly must I decide or advise?One sentence naming the pending request and requested product
2. PostureWhere is the case, and what has happened?Court, parties, stage, chronology, existing rulings
3. AuthorityWhat source governs this decision?Specific rule/statute and relevant interpretive doctrine
4. AvailabilityCan this actor invoke this mechanism now?Trigger, timing, waiver, prerequisites, standing where relevant
5. Standard and burdenWhat must be established, by whom?Structured test; distinguish production from persuasion
6. RecordWhat information may support this decision?Permissible material, disputed facts, assumptions, unknowns
7. ApplicationWhy do these facts satisfy or fail the test?Fact → inference → legal significance
8. OppositionWhat is the strongest contrary account?A real counterargument and a reasoned response
9. ConsequenceWhat should the court do, and what remains?Grant/deny/limit/defer; scope and next procedural step
10. Preservation and reviewWhat must happen to retain a challenge?Necessary action, record, deadline source, review route

Use it in three stages: first with the labels in front of you; then from memory, in the two drills below; then, on each problem, deciding which steps actually carry the weight — which is how every Decision Lab begins.

Rebuild it from memory

Stage two. The labels come off; you put the structure back.

Drill 1 · Order

Put the ten steps in working order

Use the arrows. Some real problems re-sequence threshold issues, but this is the default route through a decision.

Drill 2 · Match

Which step produces this?

Each step has a required output. Name the step from the output alone.

Inside an answer

The reasoning unit inside an answer

Because [specific fact], [inference] follows. That matters under [particular requirement] because [connection]. The opponent's strongest response is [counterargument]. It is stronger/weaker because [fact or legal distinction]. Therefore [qualified procedural consequence].

This is training scaffolding. Strong finished writing need not repeat the template mechanically.

Weak: “There are minimum contacts because the company sells products.”

Better: “The company deliberately sold this model to customers in the forum and maintained a local repair network. Those activities connect the defendant to the forum itself and relate to this resident's in-state injury from that model. The fact that this particular unit was originally sold elsewhere is not by itself decisive under Ford. The court must still identify statutory authorization and complete the applicable jurisdictional analysis.” C2

Why IRAC or CREAC alone does not solve the problem

IRAC and CREAC organize a communicated answer. They do not tell you which issue to select, which facts matter, what the court may consider, or which argument has been waived. Work the decision worksheet first; then turn its output into an organized answer.

Analytical workPlace in a conventional answer
Identify the disputed procedural questionIssue or opening conclusion
Select and structure controlling lawRule and explanation
Map facts, draw inferences, test oppositionApplication
Identify ruling and practical consequenceConclusion

The grammar of legal tests

Check whether a test contains:

Mark the operative words whenever you read an actual rule. A rule's structure is part of its meaning.

Maintain two linked maps

The claim map records who seeks what from whom. The procedural map records what decision each party wants from the court now. Add each new claim as a separate row:

ClaimantOpponentClaim and reliefJoinder mechanismSubject-matter basisPersonal-jurisdiction questionCurrent request
Party AParty BState contract damagesOriginal claimDiversity, if establishedPower over BRule 12 motion
Party BParty CContractual indemnificationRule 14, if derivativeIndependently checkPower over CLeave to implead, if required

A successful joinder choice never settles jurisdiction for you — each claim still needs its own basis.

What a case brief must preserve

Read cases for their reasoning boundaries, not only their names. A useful brief identifies:

For example, Ford is useful for relatedness, but not a license to say that every company selling anything in a state can be sued there on every claim. C2

The bridge to a written exam

After any exercise on this site, do this before moving on:

“Close the answer. In your own words, explain the motion, governing test, two decisive facts, strongest counterargument, and likely ruling. Then compare your explanation with the rubric.”

For a written rehearsal, work from the problem alone and keep the answer closed until you choose to open it. Nothing here asks you to type or upload anything; the writing happens off-screen.

Allocate your attention: resolve clear stipulated matters briefly and devote explanation to disputed, consequential requirements. “Discuss everything you know” is a poor substitute for following the call of the question.