"

Thesis Paragraph

The thesis paragraph is the very first paragraph within the Discussion section. It appears before “Paragraph 1.” If you are wondering why we discuss this part last, even though it appears first, allow me to explain.

The thesis paragraph serves as an introduction and summary of what the rest of what will be included within the Discussion. I often like to think of this in the same way I think of a “trailer” or “teaser” before an upcoming movie. It should effectively allow a reader to fully understand a summary of what will be addressed in greater detail within the rest of the Discussion section.

The most useful format to write a thesis paragraph is the standard IRAC format.

I = Issue

R = Rule

A = Analysis or Application

C = Conclusion

As the name suggests, the thesis paragraph should be only one paragraph. It should be written concisely, focusing on providing the IRAC items, without too much detail. We can review each part of the IRAC here.

“I” (Issue) – This should be one sentence explaining the overall issue in the case. It needs to be a complete sentence. Ex: The issue is whether a grocery store is liable for negligence when a customer in injured after she slips on a banana peel.

“R” (Rule) – This should be the general overall rule of law that governs your case. Sometimes there may be sub-issues, and these sub-issues may have specific rules of law that govern only them. The thesis paragraph is not the place to include specific rules. Instead, focus only on the general rule that governs the overall case.

Ex – In New York, to find negligence, there must be a duty, a breach of duty, proximate cause, and injury. Red v. Blue, 100 N.Y.3d 150, 152, 200 N.E.2d 250, 254, 300 N.Y.S.2d 350, 356 (2022).

In this example, the sentence provides the rule for negligence generally. There are likely specific rules as well, like the rule for what constitutes proximate cause. It would not be correct to include this specific rule within the thesis paragraph. Instead, save the specific rule of law for paragraph 1 of your 5 paragraph analysis for proximate cause.

“A” (Analysis or Application) – I like to think of this part as a mini-analysis and mini-conclusion. It should contain a conclusion for each sub-issue and a brief reason to support it. Ex. – The plaintiff cannot establish proximate cause because the grocery store did not create the presence of the banana peel and did not have knowledge of its existence.

If there is more than one sub-issue, another “A” sentence should be included for the next one and all of them.

“C” – (Conclusion) – This is the overall general conclusion about the question you are analyzing. Ex – Therefore, since not every element of negligence has been met, the plaintiff will be unable to show that the grocery store was negligent.

A video for the thesis paragraph can be found below.

License

Icon for the Creative Commons Attribution-NonCommercial 4.0 International License

Legal Writing Simplified Copyright © by Michelle Zakarin is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License, except where otherwise noted.