Legal Communication

and Research Skills I

Fall 2020—Week 3
Professor Zuckerman
 Sign Up for Course on TWEN
Through Westlaw

• Legal Communication and Research Skills

• Assignment Dropbox

• Conferences

2
Florida Rule of Appellate Procedure 9.800

If you are practicing in Florida state court, you must follow the
citation guidelines in Rule 9.800 for the types of legal authority
covered by the rule.

Use the Bluebook for the remainder and if not practicing before a
Florida court.

Hint: Look at p. 252 of the Bluebook (Table 1).

 Florida Rule of Appellate
Procedure 9.800
• https://rules.floridaappellate.com/rule-9-800/

4
 Citation Help
Florida Appellate Rule of Procedure 9.800
Case Law

• If practicing in Florida and citing a Florida case, the

citation would be as follows:
• Sotolongo v. State, 530 So. 2d 514 (Fla. 2d DCA 1988);
Buncayo v. Dribin, 533 So. 2d 935 (Fla. 3d DCA 1988).
• If practicing outside of Florida and citing a Florida case, the
citation would be as follows:
• Sotolongo v. State, 530 So. 2d 514 (Fla. Dist. Ct. App. 2d
1988); Buncayo v. Dribin, 533 So. 2d 935 (Fla. Dist. Ct.
App. 3d 1988).

5
 Citation Help
Florida Appellate Rule of Procedure 9.800
Statutes

•You must cite to the Florida official statute (not the annotated version)
•If practicing in Florida and citing a Florida statute, the citation would be
as follows:
•§ 350.34, Fla. Stat. (1973).
•§ 120.53, Fla. Stat. (Supp. 1974).
•If practicing outside of Florida and citing a Florida statute, the citation
would be as follows:
•Fla. Stat. § 350.34 (1973).
•Fla. Stat. § 120.53 (Supp. 1974).
•  

7
 Citation Help

• When citing to a statute in a textual sentence, you must write out

the term section.
• For example: Under Florida Statute section 48.193(2), can the
district court of Florida exercise general personal jurisdiction
over a foreign entity when …
• You use the § symbol when citing to the particular statute.

• For example: Under Florida’s long-arm statute, Florida courts

may exercise general personal jurisdiction over a defendant only
if the defendant “engaged in substantial and not isolated activity”
within Florida. § 48.193(2), Fla. Stat. (2016).

8
Bluebook Practice
 Which is the correct way to cite
the case?

a) Zell v. Meek, 665 So.2d 1048 (Fl. 1995).

b) Zell v. Meek, 665 So. 2d 1048 (Fl. 1995).

c) Zell v. Meek, 665 So. 2.d. 1048 (Fla. 1995).

d) Zell v. Meek, 665 So. 2d 1048 (Fla. 1995).

 Which is the correct way to pincite to page 1052 in a short cite?

a)Zell, 665 So. 2d at 1052.

b)Zell, 665 So.2d 1048, 1052.
c)Zell, 665 So. 2d 1052.
d)Zell, 665 So. 2d 1052 (Fla. 1995).
 Which is the proper citation to Elliott v. Elliott, 58 So. 3d
878, 880 (Fla. 1st DCA 2011) if you have previously cited
it, but there have been intervening citations?

a) Id. at 880.

b) Elliott v. Elliott, 58 So. 3d 878, 880 (Fla. 1st DCA 2011).

c) Elliott, 58 So. 3d 878, at 880.

d) Elliott, 58 So. 3d at 880.

 How do you properly use a parenthetical for R.J. v. Humana of Fla., Inc., 652 So. 2d 360, 361 (Fla.
1995)?

a) R.J. v. Humana of Fla., Inc., 652 So. 2d 360, 361 (Fla. 1995)
(Holding that ….)

b) R.J. v. Humana of Fla., Inc., 652 So. 2d 360, 361 (Fla. 1995)
(held that …).

c) R.J. v. Humana of Fla., Inc., 652 So. 2d 360, 361 (Fla. 1995)
(holding that .…).

d) R.J. v. Humana of Florida, Inc., 652 So. 2d 360, 361 (Fla. 1995)
(said that …)
How do you pincite to page 2 of Olsen v. RT W. Palm Beach Franchise, Ltd.,
07-14390-CIV, 2008 WL 1733391, (S.D. Fla. Apr. 14, 2008)?

a) Olsen v. RT W. Palm Beach Franchise, Ltd., 07-14390-CIV, 2008 WL

1733391, at 2 (S.D. Fla. Apr. 14, 2008).

b) Olsen v. RT W. Palm Beach Franchise, Ltd., 07-14390-CIV, 2008 WL

1733391, at *2 (S.D. Fla. Apr. 14, 2008).

c) Olsen v. RT W. Palm Beach Franchise, Ltd., 07-14390-CIV, 2008 WL

1733391,* 2 (S.D. Fla. Apr. 14, 2008).

d) Olsen v. RT W. Palm Beach Franchise, Ltd., 07-14390-CIV, 2008 WL

1733391, 2 (S.D. Fla. Apr. 14, 2008).
 Which signal would you use to cite a case that
only provides background information?

a) See generally

b) Id.

c) Cf.

d) See also
 Which is the correct way to write a string citation?

a) See Zell v. Meek, 665 So. 2d 1048 (Fla. 1995); but see R.J.
v. Humana of Fla., Inc., 652 So. 2d 360, 361 (Fla. 1995).

b) See Id.; but see R.J. v. Humana of Fla., Inc., 652 So. 2d 360,
361 (Fla. 1995).

c) See Zell v. Meek, 665 So. 2d 1048 (Fla. 1995). But see R.J.
v. Humana of Fla., Inc., 652 So. 2d 360, 361 (Fla. 1995).

d) See Zell v. Meek, 665 So. 2d 1048 (Fla. 1995); id.

 Heading

MEMORANDUM
TO: Professor Zuckerman

FROM: Mary Smith

DATE: August 28, 2020

RE: Jose Corddry, Client Matter 20-113

Analysis of whether Jose Corddry has a discernible physical

injury for purposes of a bystander negligent infliction of
emotional distress claim
 Question Presented

• Under

Florida law

• (Does)/Can

does an individual have a discernible physical injury to support a

bystander negligent infliction of emotional distress claim

• When (it)
the individual experienced …. (insert facts regarding
discernible physical injury), but when … (insert facts that may
not support discernible physical injury)
Writing Your Discussion:
The Framework
for Legal Analysis

19
CREAC

20
 *You can apply these steps to analyze any legal issue, including the issue in the
Partial Memo.

*Use this as the organizational structure for the discussion section of your memos.

21
 Consider a Hypothetical
• Gary arrives to law school as a
1L.
• He is reading the Student
Handbook on the bricks when he
comes across a strange rule.
• Students can only eat candy
bars, not cookies, in class.
• The Student Handbook provides
rulings by the Dean on cases that
have been brought before him.

22
The Dean has held that this is a cookie.

23
The Dean has held that this is a
candy bar.

24
 Gary’s Dilemma

• Can Gary eat a Twix bar in class?

25
 Step 1
(Conclusion)
State the issue you have to
analyze, your conclusion, and your
reason for your conclusion

26
The Twix bar is/is not a candy bar
that Gary can/cannot eat in class
because...

27
 Step 2
(Rule)
Define the rule that governs the issue.

28
Rules
Students cannot eat cookies in
class. A Chips Ahoy is a cookie.

29
Rules
Students can eat candy bars in class. A
Milky Way is a candy bar.

30
 Step 3
(Rule Explanation)
Explain the rule you have defined using
examples.

31
The Chips Ahoy is a cookie because . . .

32
The Milky Way is a candy bar because . . .

33
 Rules: Broad to Narrow
The Student Handbook provides that candy bars are
permitted to be eaten in class, while cookies are not
• Along this pyramid, permitted to be eaten in class.
the Rule section
The law school dean has held that a
blends with the Rule Milky Way is a candy bar and a Chips
Explanation section. Ahoy is Aa cookie.
Milk
A Chips yAhoy has
Way
the characteristics of
• As your rules bar
a cookie.
become more has
the
narrow, you will use char
facts to explain rules. acter
istic
s of
a
cand
y
bar.
 Step 4
(Application)
Analyze the issue
by applying the rule to your facts
and analogizing/distinguishing
other situations.

35
Analogize

The Twix bar is like the Chips Ahoy because . . .

OR
The Twix bar is like the Milky Way because . . .

36
Distinguish

The Twix bar is unlike the Chips Ahoy

because . . . .
OR
The Twix bar is unlike the Milky Way because . .
..

37
 Step 5
(Conclusion)
State your conclusion.

38
Gary should/should not eat the
Twix bar in class.

39
 CREAC
Conclusion
Rule
Explanation
Application
Conclusion
IRAC/CREAC
 Let’s Review
1. State the ISSUE.
2. Define the RULE.
3. EXPLAIN the rule using examples.
4. Analyze the issue by APPLYING the rule to your
facts and analogizing/distinguishing other situations.
5. State your CONCLUSION.

I-R-E-A-C 42
 IREAC to CREAC

 ISSUE  CONCLUSION
 RULE  RULE
 EXPLANATIO  EXPLANATIO
N N
 ANALYSIS  ANALYSIS
 CONCLUSION  CONCLUSION
Your written discussion will follow

CREAC.
Substitute
your CONCLUSION for the ISSUE.

44
 CREAC
Conclusion
Rule
Explanation
Application
Conclusion
 Partial and Complete Memo
Assignments
• Whether under Florida law, does Jose Corddry have a
discernible physical injury to support a bystander
negligent infliction of emotional distress claim?
• The Discussion section of your memo should follow
the CREAC framework.
• Partial Memo: CRE
• Complete Memo: CREAC
 Discussion Section: Example

• Did McKay make an effective offer to sell his yacht to

Green?
 Conclusion

• This is the initial thesis sentence

• It is found at the beginning of the analysis and again at

the end (stated differently)
• Identify the legal issue to be decided, your conclusion
on that issue, and the most important reason(s) for your
conclusion
 Conclusion: Example

The Court will likely find that McKay made an

effective offer to sell his yacht to Green
because Green reasonably believed McKay
intended to make a binding offer, even though
McKay did not in fact have that intent.
 The Conclusion (CREAC)

• The Court will likely find that Mr. Corddry

suffered/did not suffer a discernible physical injury
because …
 Rule
• The rule section follows the conclusion sentence(s)
so that BOTH of these sections make up the first
paragraph(s) of your Discussion.

• Identify and define key terms and legal standards

• State the rules from general to specific (broad to

narrow)
 Rule: Example

An offer is effective in Florida if the offeror intended

to make a binding offer. See Derek v. Beir, 657 So.
2d 456, 456 (Fla. 3d DCA 2008). However, intent is
defined not by what the offeror actually intended, but
by an objective standard: “[W]hether a reasonable
person in the offeree’s shoes would believe that the
offeror intended to make a binding contract.” Hess
v. Gillian, 528 So. 2d 233, 234 (Fla. 5th DCA 2006).
Rules: Broad to Narrow
An offer is effective in Florida if the offeror intended to make a binding offer.

However, intent is not defined by what the offeror actually

intended but by an objective standard: “[W]hether a reasonable
person in the offeree’s shoes would believe that the offeror
intended to make a binding contract.”

A for an offeree who

It is not reasonable
reasonabl
knows of an offeror’s reputation for
e offeree
playing practical jokes to rely on one
of these jokes aswould not contract.
a binding
take
seriously
an offer
to buy
products
or
services
for
significan
tly below
 The Rule (CREAC)

In Florida, if a plaintiff has not suffered an impact, a

negligent infliction of emotional distress claim requires four
elements: “(1) the plaintiff must suffer a physical injury; (2)
the plaintiff's physical injury must be caused by the
psychological trauma; (3) the plaintiff must be involved in
some way in the event causing the negligent injury to
another; and (4) the plaintiff must have a close personal
relationship to the directly injured person.” Zell v. Meek, 665
So. 2d 1048, 1054 (Fla. 1995). This memo analyzes the first
element: whether Jose Corddry suffered a physical injury.
 Explanation
• This is where you explain the rule

• Discuss other cases and authority (e.g., facts and holdings of cases, or key
provisions of statutes)
• Explain the rule’s purpose and/or the policies it serves

• Limit your explanation to the topics that are relevant to your case

• Use short quotes for key language

• Order your discussion of the authorities according to their importance

• Do not use authorities just to fill up space

• Do not discuss the facts of your case

 Use Cases Correctly

• Depth of treatment: Review Supplemental

Reading (p. 96 of Edwards)
• Use only a citation to the case
• One who is a minor at the time of making a contract…. See
Woodall v. Grant, 9 S.E.2d 95 (Ga. Ct. App. 1940).
• Use a citation with an explanatory parenthetical
• Woodall v. Grant, 9 S.E.2d 95 (Ga. Ct. App. 1940) (holding that
the minor did not knowingly misrepresent…)
• Use a citation with a case description
• In Woodall, the minor had signed a brokerage contract.…
Explaining Rules: Case Descriptions

• Start with a thesis sentence (signal and cite)

• See Bluebook Rule 1.2 regarding signals
• Focus on (1) See (2) See also (3) But see

• Procedural history/who is suing whom for

what/legally significant facts (short cite after each
sentence)
• Holding (cite)
• Reasoning (should relate to the thesis sentence) (cite)
Thesis Sentences in Rule Explanation

Thesis sentence/Topic Sentence/Narrow Rule

• A thesis or topic sentence states a position that the remainder of the

paragraph will support.

• When drafting a rule explanation paragraph, your thesis sentence will

usually be a narrow rule statement followed by a citation to the supporting
authority (e.g., case law).

• Every paragraph in your explanation section

should start with a thesis sentence
Thesis Sentences in Rule Explanation: Examples

• It is not reasonable for an offeree who knows of an offeror’s

reputation for playing practical jokes to rely on one of these
jokes as a binding contract. See Redmond v. Freer, 323 So.
3d 22, 23-25 (Fla. 3d DCA 2012); Derek, 657 So. 2d at 457.

• A reasonable offeree would not take seriously an offer to

buy products or services for significantly below their value.
See Derek, 657 So. 2d at 458; Geo v. Milli, 435 So. 2d 878,
879-80 (Fla. 2d DCA 2009).
 Partial Memo:
Sample Anchors/Thesis Sentences

For the Explanation (case descriptions) section of CREAC

• A plaintiff’s “psychological trauma must cause a demonstrable physical

injury such as death, paralysis, muscular impairment, or similar objectively
discernible physical impairment.” [CITE]. Procedural history and key facts.
[CITE]. Holding. [CITE]. Reasoning. [CITE].

• Emotional injuries that manifest into a demonstrable physical injury can be

sufficient to establish a discernible injury for a negligent infliction of
emotional distress claim. [CITE] Procedural history and key facts. [CITE].
Holding. [CITE]. Reasoning. [CITE].

• Allegations of physical manifestations from emotional or mental

distress are inadequate to state a claim of negligent infliction of
emotional distress. [CITE]
Longer Case Descriptions
(Thesis sentences in previous slide)

In Redmond, the offeror was a local wealthy businessman

who had a longtime reputation for sitting outside at his
yacht club jokingly challenging members to sail him
around the world for $50,000. Redmond, 323 So. 3d at 22.
The offeree, a longtime member of the yacht club,
accepted and sailed the offeror around the world. Id. at
23. The offeror refused to pay the $50,000. Id. Under
these circumstances, the court held that there was no
binding offer because the offeree either knew or should
have known that the offeror was not serious. Id. at 24-25.
 Shorter Case Descriptions
(Thesis sentence in previous slide)

A reasonable offeree would not take seriously an offer

to buy products or services for significantly below their
value. Derek, 657 So. 2d at 458; Geo v. Milli, 435 So.
2d 878, 879-80 (Fla. 2d DCA 2009). For example, an
offer to cut a neighbor’s lawn for $5 a month is
unreasonably low. See Derek, 657 So. 2d at 458.
Similarly, an offeree cannot take seriously an offer to
buy a NFL football team for $500. Geo, 435 So. 2d at
879-81.
Explanatory Parentheticals
(Thesis sentence in previous slide)

Derek, 657 So. 2d at 457 (holding that it was not

reasonable for one neighbor to rely on another
neighbor’s offer to cut the offeree’s lawn for $5 a
month when the offeree knew the offeror’s reputation
for playing practical jokes on neighbors).
 REMEMBER

• The first paragraph in your explanation section should start

with a thesis sentence relating to the case most analogous to
the facts of your case. E1
• The last paragraph in your explanation section should start
with a thesis sentence relating to the case you plan to
distinguish. E2 or E3

• Every sentence in your explanation section should

have a citation.
 Partial Memo
Sample Explanation Case Description
*Note how the reasoning relates to the thesis sentence

Allegations of physical manifestations from emotional or mental distress are inadequate

to state a claim of negligent infliction of emotional distress. See Elliott v. Elliott, 58 So. 3d
878, 881-82 (Fla. 1st DCA 2011). In Elliott, the trial court ruled in favor of the plaintiffs,
who sued the defendant, their brother, for negligent infliction of emotional distress after the
defendant killed his mother and buried her body on their family farm. [Cite]. After the body
was found, the defendant’s sister suffered from stress, insomnia, anxiety, diarrhea, loss of
appetite, and hair loss. [Cite]. She was also diagnosed with situational anxiety, depression
and chronic pain. [Cite]. Her husband began having headaches and developed diabetes and
sleep apnea after the incident; however, no medical testimony was introduced describing his
physical injuries. [Cite]. The appellate court reversed and remanded the trial court to vacate
the jury’s verdict awarding damages to the plaintiffs regarding the claim for negligent
infliction of emotional distress and to enter a directed verdict on that issue in favor of the
defendant. [Cite]. The appellate court held that the ailments complained of were not the sort
of discernible physical injuries needed to satisfy a negligent infliction of emotional distress
claim. [Cite].

65
 Partial Memo:
Sample Parenthetical

Allegations of physical manifestations from emotional or

mental distress are inadequate to state a claim of negligent
infliction of emotional distress. See Elliott v. Elliott, 58 So. 3d
878, 881-82 (Fla. 1st DCA 2011) (reversing verdict for negligent
infliction of emotional distress where plaintiffs failed to satisfy a
demonstrable physical injury when they alleged stress, insomnia,
anxiety, diarrhea, loss of appetite, hair loss, depression, chronic
pain, headaches, diabetes, and sleep apnea after the incident).

66
 REMEMBER
Bluebook Rules
B8 (p. 9-10) and R8 (p. 92-93)

• Court is capitalized if you are referring to your court,

the United States Supreme Court, or the court’s name
in its entirety
• Court is not capitalized if you are referring to another
court in a textual sentence (The court in Smith held …)
 REMEMBER

You do not discuss the facts of your case in the Rule

Explanation section

In the Application section, you will apply the law to

your facts
 The Discussion Section
• What is your conclusion?

• What is your rule? (remember to define key terms)

• How are you going to use the statute(s)?

• How will you draft your rule explanation?

• Order of cases? (Start with your best case. End with the case you plan to
distinguish)
• What is your thesis sentence?
• Then signal and cite.
• Then key facts.
• Then cite.
• Then the holding.
• Then cite.
• Then the reasoning.* The reasoning should relate to your thesis sentence
• Then cite.
 Rule Explanation: Drafting a Case Description

• Begin with a thesis sentence that states a narrow rule from the case you are describing. Practice tip:
Review your thesis sentence after you have completed the entire case description and consider whether
you should revise it.

• State the legally significant facts. [In X, . . . ] Include procedural facts if they will be helpful to the
reader. Use descriptive terms, not proper names, when describing the case.

• Now state the court’s holding. [The court reversed/affirmed . . . .] Try to state it in your own words;
use quotes only if necessary.

• Explain the court’s reasoning. [The court reasoned that . . . .] Quote the court’s language only if it is
particularly helpful to support your point.

• Add citations where necessary. Follow Fla. R. App. P. 9.800 if applicable; otherwise, follow The
Bluebook.
 Rule Explanation: Party Names
• YES
• the defendant
• the homeowner
• the judge
• the juvenile
• the daughter
• The court

• NO
• defendant
• Defendant
• the Defendant
• Appellant
• the appellant
• A.M.
• The Court
 Discussion Section
Sample C-R-E-
C: The Court will likely find that Mr. Corddry suffered/did not suffer a discernible physical injury
because …

R: In Florida, if a plaintiff has not suffered an impact, a negligent infliction of emotional distress
claim requires four elements: “(1) the plaintiff must suffer a physical injury; (2) the plaintiff's
physical injury must be caused by the psychological trauma; (3) the plaintiff must be involved in
some way in the event causing the negligent injury to another; and (4) the plaintiff must have a
close personal relationship to the directly injured person.” Zell v. Meek, 665 So. 2d 1048, 1054 (Fla.
1995). This memo analyzes the first element: whether Jose Corddry suffered a physical injury.

E1: Emotional distress, the plaintiff’s “psychological trauma must cause a demonstrable physical
injury such as death, paralysis, muscular impairment, or similar objectively discernible physical
impairment.” [CITE]. In [name of case], (insert key facts, holding, and reasoning).

E2: Emotional injuries that manifest into a demonstrable physical injury can be sufficient to
establish a discernible injury for a bystander negligent infliction of emotional distress claim.
[CITE]. In [name of case], (insert key facts, holding, and reasoning).

E3: Allegations of physical manifestations from emotional or mental distress are inadequate to state
a claim of negligent infliction of emotional distress. [CITE]. In [name of case], (insert key facts,
holding, and reasoning).
 Partial Memo Due Week 4

CRE: Your Discussion section in your partial memo

assignment regarding whether Jose Corddry has a
discernible physical injury will cover the Conclusion,
Rule, and Explanation.

You must also include the Heading, Question Presented,

and Brief Answer in the Partial Memo due Week 4.

73
 Partial Memo Due Week 4

• Submit your assignment electronically to the Partial

Memo Submission Assignment Drop Box (under
Assignments) on TWEN before the start of Week 4’s
class
• I will provide feedback during our Week 5 conference

• Review the Assignment Instructions carefully

• Include all 4 cases

• One of the cases you use must be a parenthetical

74
 Week 4
C-R-E-A-C
• Bring the McKay handout to class

• We will discuss the Application and Conclusion

sections of CREAC.

75
 Week 4

• Bring laptops to class

• Additional research instruction

76