Governing Law
This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.
On this page:
Writing Template
Issue
I: The issue is whether the law governing the contract is the common law or the Uniform Commercial Code (UCC).
Analysis
R: The common law governs contracts involving services and real estate transactions. The UCC, specifically Article 2, governs contracts for the sale of goods, which are defined as all things which are movable at the time of identification to the contract for sale. Goods are typically understood as tangible personal property, such as manufactured products, commodities, and inventory.
A: Here, [apply rules to facts].
C: Therefore, the contract contains [goods/services/both goods and services].
Predominant Purpose
R: When a contract contains both goods and services, courts use the predominant purpose test to determine whether the UCC or common law applies. The test asks which element—goods or services—predominates in the contract’s overall purpose. Relevant factors that courts may consider in applying the predominant purpose test include: (1) the language of the contract, (2) the nature of the seller’s business (e.g., are they primarily selling goods or services?), (3) the relative costs of the goods versus the services, and (4) the buyer’s purpose for entering into the contract
A: Here, [apply rules to facts].
C: Therefore, the [goods/services] predominate the terms of the contract.
Conclusion
C: Therefore, the law governing the contract is the [common law/UCC].
The template above is provided as a free sample. Get access to all templates by logging in or signing up.
More templates are in development! With a subscription, you will get (1) immediate access to all restricted templates that are displayed, providing a robust foundation for your legal writing needs; and (2) ongoing updates as new templates are released, expanding your resources over time.
Usage Notes
JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.
The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.
The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.
The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.
Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.
Questions or comments? Reach out at [email protected].