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INTRODUCTION TO IRAC

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How do these facts satisfy this rule? How much weight should be given to each fact? ... From the analysis you should weigh the facts and make a judgment as to whether ... – PowerPoint PPT presentation

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Title: INTRODUCTION TO IRAC


1
INTRODUCTION TO IRAC
2
IRAC
  • Issue - What question or questions is/are
    presented by the facts?
  • Rule - What is the governing law for the issue?
  • Application How does the rule apply to these
    unique facts?
  • Conclusion The answer to the issue, which is
    supported by the application/analysis of the
    facts to the rule?

3
  • "The language of a fact pattern suggests the
    Issue(s)."

4
WHAT IS AT ISSUE?
  • When reading a fact pattern, consider
  • Facts and circumstances
  • Buzzwords
  • The call of the question
  • Multiple parties and issues
  • Non-issues and threshold issues

5
The Issue Statement Should
  • Be one sentence
  • Be framed as a yes/no question
  • Contain a factual aspect relevant to the question
    posed to the court
  • Contain a legal aspect, which identifies a
    substantive legal question.
  • Address a specific rule or element.

6
RULES
  • Issues are covered by rules of law.
  • Ask yourself what rule(s) would have to be
    applied to the issue in order to resolve it.

7
RULE STATMENT
  • When reading a fact pattern, consider
  • Authority
  • General Rule
  • Elements or parts of the general rule
  • Exceptions and/or defenses
  • Policy

8
APPLICATION/ANALYSIS
  • Compare the facts to the rule to
  • form the Analysis.

9
APPLICATION/ANALYSIS
  • Which facts support that the rule/element
    requirement has been met?
  • Which facts tend to show that the rule/element
    requirement has not been met?
  • Why are certain facts relevant?
  • How do these facts satisfy this rule?
  • How much weight should be given to each fact?
  • How do these facts further the public policy
    underlying this rule?

10
CONCLUSIONTake a Position
  • From the analysis you should weigh the facts and
    make a judgment as to whether or not the facts
    support the rule/element requirement.
  • If your analysis provides more than one viable
    alternative, you should conclude for each
    alternative.
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