How would you pop the reference to a minor case into the ‘Application' section of an essay?
I don't understand the example emboldened below. Can't you add just a superscript number in the text, then in the footnotes cite that "minor case"? Unquestionably one superscript cannot "detract from the power or logic of your discussion of the law."
How would you "pop the reference to the case into the ‘A’ section of the essay"? Can someone write out an example?
As mentioned previously, you can adapt the IRAC system in several different ways, such as by separating out each individual sub-issue and following it with its own evaluation in a type of IRARARAC approach. However, your biggest stylistic concern will likely relate to how strictly you adhere to the separation of rules and application. As you will find, there are times when an overly rigid application of the rule leads to confusion. For example, you may undertake a rigorous analysis of two conflicting cases and feel that to add a short reference to a minor case that relates to your facts but in an almost tangential manner would detract from the power or logic of your discussion of the law. In that case, it’s perfectly acceptable to pop the reference to the case into the ‘A’ section of the essay. This is particularly true if the point you are making regarding the legal aspects is very brief and would have to be repeated nearly verbatim when you referenced the case in the application section.
Stacie Strong. BA English literature (UC Davis 1986), MPW (USC 1990), JD (Duke 1994), PhD Law (Cambridge 2002), DPhil (Oxford 2003). How to Write Law Essays & Exams 5th Edition (2018). p 92.
I asked this on Law S.E. but they closed my question.