1. Legal Approach to Problem Solving © Unitec New Zealand 1

2. What does ILAC mean? I SSUES L AW A PPLICATION C ONCLUSION © Unitec New Zealand 2

3. The ILAC method Provides a Process and Structure © Unitec New Zealand 3 to assist in writing an answer to a problem which is concise, complete and accurate

4. Problem Solving requires Careful analysis of the facts Continuing through a logical process and resisting jumping to conclusions Remaining objective so that alternative answers to the question can be identified © Unitec New Zealand 4

5. The ILAC method is to be used when It is specifically requested in your question A question is labelled a “Problem-Solving Question” A question is labelled an “Application Question” © Unitec New Zealand 5

6. Step 1: Material (Significant) Facts Read the facts of the problem once or twice to become familiar with the facts and to identify the area of law which applies Then identify each fact which has significance to the area of law – the material facts - by asking yourself Who? What? When? © Unitec New Zealand 6 Where? How?

7. Step 2: Identify the Law – the Legal Rules - to be applied First identify the law the fact situation is about The Common Law – Agency, Contract or Tort OR A statute e.g. The Companies Act 1993 OR Both And Does equity have to be considered

8. Step 2: Identify the Law – the Legal Rules – to be applied continued The Common Law – decide which: Cases (Ratio or obiter statements); Doctrine © Unitec New Zealand 8 will be applied to the material facts which you identified in step 1. and / or

9. Step 2: Identify the Law – the Legal Rules – to be applied continued Statute – decide which: Statute Sections and subsections © Unitec New Zealand 9 will be applied to the material facts which you identified in step 1. and / or

10. Step 3: Issues & Law You will now be able to identify the Legal Issue(s) or Questions And You have identified the Law (legal rules) © Unitec New Zealand 10

11. Step 4: Apply the Law to the Facts For each material fact which you identified in step 1 you should have a legal rule to be applied from step 2. This is essentially a matching exercise – you have already done most of the work. © Unitec New Zealand 11

12. Step 5: Conclusion This is the answer to the question which you defined in “Issue(s)” Usually a one sentence statement is enough Do you need to include remedies? You have now completed the plan for your answer and can begin writing. © Unitec New Zealand 12

13. ILAC Plan © Unitec New Zealand 13 Issues FactsLaw Conclusion

14. Useful Tips Never start writing before constructing a plan The Issue(s) can usually be expressed in one sentence. Do not write out the facts – the marker has read the question and knows what they are © Unitec New Zealand 14

15. Useful Tips continued The Law (legal rules) should be expressed in your own words Think of the application section as a matching exercise where you present each material fact with its own legal rule © Unitec New Zealand 15

16. Useful Tips continued The conclusion can usually be expressed in one sentence Leave a few lines space after Law and Application so that you can add anything you have missed out of your plan but comes to you later Be concise © Unitec New Zealand 16

17. Excellence in ILAC answers To be able to use this method well requires practice. Attempt questions from tutorials or your resource manual regularly to hone your skills. © Unitec New Zealand 17