5.2.4 PROVE ORCREAC ISSUES

Now we have come full circle. I use the word Prove to describe the kind of analysis provided in a CREAC unity of discourse — the most in-depth type of legal analysis.⁹An issue is a Prove or CREAC issue if (1) the issue concerns a required element of the analysis, and (2) the issue is controversial.

After you have analyzed the kinds of issues that your case presents, you should take another look at your working outline. Decide whether each issue listed is an Ignore, Tell, Clarify, or Prove issue, and mark each as appropriate. Consider whether you have omitted any issues that should be in your outline. You can leave an Ignore issue out of your outline, but you should list Tell issues, perhaps parenthetically, to make sure that you include them in your analysis.