Weapon of Legal Instruction IRAC: Weapon of Legal Instruction Professor Sam Blay

Introduction: the concept of irac

IRAC?? Issues Rule Application Conclusion A C

IRAC CIRAC (Conclusion, Issue, Rules, Application, Conclusion), CREAC (Conclusion, Rules, Explanation, Application, Conclusion), IRREAC…

But Why IRAC????

The Point About IRAC IRAC is also an organizational device to guide writing in law It is an analytical tool and organizational style It helps to make arguments better structured, logical and easy to follow and therefore more persuasive

IRAC Application A C Issues: Identify the issues Rule: Identify the applicable rule of law Application: Apply the rule to the relevant facts Conclusion: Conclude whether the facts meet the rule A C

IRAC and Reasoning Processes Reasoning typology: Reasoning by analogy Factor Analysis Generalizations Deductive Argument

Deductive Logic: Syllogism A deductive argument is valid or logically sound because its conclusion follows directly from its premises Syllogism: Major premise Minor premise Conclusion

Syllogism Example The syllogism in IRAC Major premise: Minor premise: Argument: whether John is mortal Major premise: All humans are mortal Minor premise: John is human Conclusion: Therefore John is mortal Syllogism Example Issue: whether there was battery Rule: Battery requires: Intention Direct physical contact Absence of lawful justification Application on the facts there was no physical contact Conclusion: Therefore there was no battery The syllogism in IRAC

Issue identification

IRAC – Issue Issue: The first sentence of IRAC is to identify the legal problem to be solved. Identify the issue in the form of a question: Example: The issue is whether the defendant’s conduct in blocking the plaintiff’s exist from the room constitutes a battery. Identify issue in the form of a statement (conclusion). It may also be the heading of your (sub-)arguments. Example: the defendant’s conduct in blocking the plaintiff’s exist from the room constitutes a battery.

Hints Start with statement of the issue or question at hand. In the issue section of an IRAC it is important to state exactly what the question of law is Leave some blank space at the top of your assignment, and write in the issue statement only after you have finished writing your analysis, because only then do you really understand the underlying issue

Hints: Step 1 Identify the area or areas of law Identify the area or areas of law which need to be explained in order to answer the question Only a sentence is required for this step e.g: “the area of law relevant to this question is whether the first element of the tort of negligence, the requirement for a duty of care, has been satisfied”

Rule identification

Rule Identify the relevant law to the issue to be discussed in resolving the problem state the rule(s) state the relevant authorities/cases discuss any specific matters relating to the rule including any exceptions

Hint: Explain the principles of law Explain ONLY the law that is relevant to the assignment question’s legal narrative Identify important cases, provide a brief summary of their facts to provide essential context, the decision(s) of the Court, and a statement of the important principle of law that the case makes clear

Discussing the Rule Where applicable, define the applicable principles including the elements if any Were the rule or applicable principles is derived from a case: discuss the case briefly and ensure that you state the rule in the case Were the rule is derived from a statute: quote the statute and list the elements

Application of the rule to the facts

Hint: Apply the law to the facts of the question in a reasonable and logical manner Consider each aspect or element of legal criteria discussed in Step 2 and then decide, and write, whether or not it is satisfied in the scenario that you are analysing

Analyze the Facts Analyze the facts in terms of the rule Indicate the relevance of specific aspects of the facts with the legal principles you have identified earlier Include counter-arguments where applicable These should go at the end of the respective application section.

The fundamental principle of the analysis If the facts of the relevant case-law are sufficiently similar to the facts in the exam question, then the holding(s) in the relevant case-law apply as the exam answer to the facts of the exam question Therefore, you must write about how similar are each of the facts in the exam question to those stated in the relevant case-law

The Steps in the Application Step 1: State the relevant facts Step 2: If relying on a case for a rule, compare the facts in the instant case with the facts of the case on which the rule and draw analogies and any distinctions Step 3: Connect to the expected results to help reach conclusion

Conclusion

Concluding Your Arguments Conclude whether the facts satisfy the rule. The conclusion is grounded in prior analysis of law, precedent and facts that you did earlier . Take positions on all issues.

Conclusion: Hint Directly answers the question presented in the issue section of the IRAC. In a way, the conclusion is your thesis statement Does not introduce any new rules or analysis. This section restates the issue and provides the final answer

Hint 2 Draw possible conclusions Use tentative language, such as “it is likely” State your conclusion in one, or two, sentences. No more. DO NOT INTRODUCE NEW STATEMENTS OF EITHER CASE-LAW OR STATUTORY PROVISIONS IN YOUR CONCLUSION Your conclusion is a summary of the natural outcome of your analysis in step 3

Example IRAC I = Has D committed the tort of battery? R = Battery requires a direct intentional act, absence of lawful justification and physical interference with the P. A = All of the elements were present in D’s conduct except for physical contact . C = There was no no battery against P

Enjoy Torts