1. Legal Analysis IRAC
Mrs. Hill

2. Legal Analysis & Research
Main objective is to analyze a factual situation presented by a client and determine: 1. What is the legal issue (question) raised 2. What law governs the legal issue 3. How the law that governs the issue applies to the facts of the case – and what remedies are available.

3. 4-Step Analysis Process
ISSUE – Identification of the legal issue (question of law)
RULE – Identification of the law that governs the legal issue
ANALYSIS – Determination of how the rule of law applies to the legal issue
CONCLUSION – Summary of the results; determine remedies if any

4. No! Not this Iraq…

5. Issue
Rule
Analysis
Conclusion

6. ISSUE
Question of Law
Question of Fact

7. Question of Fact v. Question of Law
A question of law (also known as a legal issue) is a question which must be answered by applying relevant legal principles, by an interpretation of the law.
A question of fact, which must be answered by reference to facts and evidence and inferences arising from those facts.

8. To illustrate the difference: Question of fact: Did Mr. and Mrs
To illustrate the difference: Question of fact: Did Mr. and Mrs. Jones leave their 10 year-old child home alone with their baby for 4 days? Question of law: Does leaving a baby with a 10-year old child for 4 days fit the legal definition of child neglect?

9. Identify all applicable law
Rule
Rule of Law
Identify all applicable law
Outline each element

10. Analysis Analysis/Application
Determine how the rule of law applies to the legal issue
Consider possible counterarguments

11. Elements of Rule
Fact of Case
Analysis

12. Analysis Chart
Elements of Rule
Facts of Case
Proven True?

13. Conclusion Summarize the results Recap your analysis
Predict the court’s action

14. things to remember Before Analysis Facts Issues
Gather all fact (KEY FACTS ONLY)
Preliminary legal research
Before Analysis
Include all key facts in the legal issue
Facts
Separate ALL issues to analyze
Issues

15. Let’s Try it Out
Mr. Hopkins walks out of Farm Fresh and finds Mr. Hodges yelling at Mr. Freeman. Mr. Hopkins begins taunting Mr. Hodges, encouraging him to hit Mr. Freeman. Eventually Mr. Hodges strikes Mr. Freeman, and the police are called to break up the fight. Mr. Freeman has asked you to represent him against Mr. Hopkins.

16. KEY FACTS?
Mr. Hodges is yelling at Mr. Freeman in the parking lot of Farm Fresh Mr. Hopkins is present at the scene and encourages Mr. Hodges to hit Mr. Freeman Mr. Hodges strikes Mr. Freeman

17. Preliminary Research
Battery – Crimes against persons Battery – contact with another in a manner likely to cause bodily harm Battery generally requires: An offensive touching or contact is made upon the victim, instigated by the actor OR The actor intends or knows that his action will cause the offensive touching

18. ISSUE
Is a battery committed by an individual present at the scene of a battery, who encourages others to commit the battery but does not actively participate in the actual battery of a victim?

19. Rule
VA Code Battery: Battery exists when The actor intends or knows that his action will cause the offensive touching

20. Analysis Elements of Rule Facts of Case Proven True?
The actor intends or knows
Mr. Hopkins encourages
Yes
His action
Taunting
Will cause offensive touching
Mr. Hodges hit Mr. Freeman

21. Conclusion
How would you write this? Remember – Predict the court’s action