Overarching Rule Checklist
Stylistic choice (optional): the Overarching Rule begins with a conclusion sentence that applies the relevant parts of the rule to the determinative facts, typically in reference to the parties exclusively and not the court as in the Overarching Conclusion.
The Overarching Rule starts broad and with each sentence, funnels down to the most narrow part of the rule to be analyzed.
The Overarching Rule funnels the rule of law observing proper hierarchy of authority.
The Overarching Rule includes a purpose statement (if any) that follows the funneled part of the rule and clearly and concisely explains the reason for the rule's existence and/or its policy considerations.
If applicable: the Overarching Rule includes a dismissal sentence(s) that clearly and concisely dismisses the discussion and application of another law that would have been discovered in research, but ultimately would not be relevant because of the absence of a determinative fact.
If applicable: the Overarching Rule includes a dismissal sentence(s) that clearly and concisely dismisses the discussion and application of obvious, uncontroversial, or uncontested elements of a governing rule.
The Overarching Rule concludes with a Roadmap sentence (following any purpose statement and/or dismissal sentences) and mirrors the substance of the conclusion sentence but gives more explanation of the determinative facts that trigger the rule (note: the mini-rules within the memo's subsections do not include a Roadmap).
The Overarching Rule uses paragraphs to organize a complex rule with a large funnel.
The Overarching Rule follows proper Bluebook citation (long and short form) to relevant and binding primary sources of law.
If applicable: each subsection within the memo (i.e., when analyzing different factors, elements, or statutory/regulatory sections) observes its own nested-CREAC format (e.g., subsection A-nested-CREAC; subsection B-nested,CREAC), so the Mini-Rule mirrors the construction of the Overaching Rule, except the Mini-Rule does not include a Roadmap and its rule only addresses that specific factor, element, or section (and not the entire overarching rule). The Mini-Rule is then followed by case explanations relevant only to the specific factor, element, or statutory/regulatory section; an application analyzing only the specific factor, element, or statutory/regulatory section; and another mini-conclusion.