example of an irac essay

IRAC Method of Legal Writing

Glossary of Grammatical and Rhetorical Terms

• An Introduction to Punctuation
• Ph.D., Rhetoric and English, University of Georgia
• M.A., Modern English and American Literature, University of Leicester
• B.A., English, State University of New York

IRAC is an  acronym for ' issue, rule (or relevant law ), application (or analysis ), and conclusion ' : a method used in composing certain legal documents and reports.

William H. Putman describes IRAC as "a structured approach to problem-solving . The IRAC format, when followed in the preparation of a legal memorandum , helps ensure the clear communication of the complex subject matter of legal issue analysis."

(Legal Research and Analysis Writing. 2010)

Pronunciation

Examples and observations of the irac method.

"IRAC is not a mechanical formula, but simply a common sense approach to analyzing a legal issue. Before a student can analyze a legal issue, of course, they have to know what the issue is. Thus, logically, step one in the IRAC methodology is to identify the issue (I). Step two is to state the relevant rule(s) of law that will apply in resolving the issue (R). Step three is to apply those rules to the facts of the question—that is, to 'analyze' the issue (A). Step four is to offer a conclusion as to the most likely result (C)."

(Andrew McClurg,  1L of a Ride: A Well-Traveled Professor's Roadmap to Success in the First Year of Law School, 2nd ed. West Academic Publishing, 2013)

Sample IRAC Paragraph

• "( I ) Whether a bailment for the mutual benefit of Rough & Touch and Howard existed. ( R ) A pawn is a form of bailment, made for the mutual benefit of bailee and bailor, arising when goods are delivered to another as a pawn for security to him on money borrowed by the bailor. Jacobs v. Grossman , 141 N.E. 714, 715 (III. App.Ct. 1923). In Jacobs , the court found that a bailment for mutual benefit did arise because the plaintiff pawned a ring as collateral for a $70 loan given to him by the defendant. Id. ( A ) In our problem, Howard pawned her ring as collateral to secure an $800 loan given to her by Rough & Tough. ( C ) Therefore, Howard and Rough & Tough probably created a bailment for mutual benefit." (Hope Viner Samborn and Andrea B. Yelin, Basic Legal Writing for Paralegals , 3rd ed. Aspen, 2010)
• "When faced with a fairly simple legal problem, all the IRAC elements may fit into a single paragraph. At other times you may want to divide the IRAC elements. For example, you might wish to set out the issue and the rule of law in one paragraph, the analysis for the plaintiff in a second paragraph, and the analysis for the defendant and your conclusion in a third paragraph, and the transitional phrase or sentence in the first sentence of yet a fourth paragraph." (Katherine A. Currier and Thomas E. Eimermann, Introduction to Paralegal Studies: A Critical Thinking Approach , 4th ed. Asen, 2010)

The Relationship Between IRAC and Court Opinions

"IRAC stands for the components of legal analysis: issue, rule, application, and conclusion. What is the relationship between IRAC (or its variations...) and a court opinion? Judges certainly provide legal analysis in their opinions. Do the judges follow IRAC? Yes, they do, although often in highly stylized formats. In almost every court opinion, judges:

- identify the legal issues to be resolved (the I of IRAC);

- interpret statutes and other rules (the R of IRAC);

- provide reasons why the rules do or do not apply to the facts (the A of IRAC); and

- conclude by answering the legal issues through holdings and a disposition (the C of IRAC).

Each issue in the opinion goes through this process. A judge may not use all of the language of IRAC, may use different versions of IRAC, and may discuss the components of IRAC in a different order. Yet IRAC is the heart of the opinion. It is what opinions do: they apply rules to facts to resolve legal issues." (William P. Statsky, Essentials of Paralegalism , 5th ed. Delmar, 2010)

Alternative Format: CREAC

"The IRAC formula... envisions a time-pressured exam answer...

"But what's rewarded in law-school exams tends not to be rewarded in real-life writing. So the coveted IRAC mantra ... will produce mediocre to worse results in memo-writing and brief-writing. Why? Because if you were to write a one-issue memo using the IRAC organization, you wouldn't reach the conclusion—the answer to the issue—until the end...

"Knowing this, some legal-writing professors recommend another strategy for writing you do after law school. They call it CREAC , which stands for conclusion-rule-elaboration-application (of the rule to the facts)-conclusion (restated). Although you'd probably be penalized for that organizational strategy on most law exams, it's actually superior to IRAC for other types of writing. But it, too, has a serious shortcoming: Because it doesn't really pose an issue, it presents a conclusion to an unknown problem."

 (Bryan A. Garner, Garner on Language and Writing . American Bar Association, 2009)

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Learning to Work With IRAC

What is IRAC?

IRAC stands for the “Issue, Rule, Application, Conclusion” structure of legal analysis. An effective essay follows some form of the IRAC structure where it is organized around an “issue”, a “rule”, an “application”, and a “conclusion” for each and every issue and sub-issue identified as a legal problem.

While using IRAC doesn’t guarantee an “A” from the professor, it’s extremely useful in organizing an answer. And even though it’s not the only way to structure an answer, it helps to make sure that all the bases are covered. So until you achieve the level of mental and written fluency where you can weave together rule and fact in a seamless web and transition between thoughts without loss of either the substance or your reader, I strongly recommend that you rely on some form of IRAC to keep focused. While IRAC will never cover for a lack of knowledge nor substitute for a lack of analysis, you can use it as tool for organizing your thinking and your writing. Think of it as a supporting scaffold (or training wheels) to ensure that the necessary steps are followed. Once the process becomes instinctive, then the props can be discarded and you can weave together rule and fact. But until then, you have something you can rely on to guide you through the process.

How to IRAC

• Articulate the issue by formulating the legal question presented by the facts. To find the issue, ask yourself: “what is in controversy in these facts.” (Of course you need to know the law to find a legal question in the facts.)
• Use the “whether, when” structure to help you isolate and write an issue statement.

Some professors might not want to see this language – “the issue is whether.” You achieve the same result with other words – “Did” or “Can”, for example. Don’t get fixated on language. Follow your individual professor’s instruction and realize that either way, you achieve the same result: identification of the legal problem.

But you can always use the following language to guide your thought process.

Begin with,

“The issue is whether,”

identify and state the legal conclusion you want the court to reach,

Don committed a battery , (or an offer was made , or the court can assert personal jurisdiction )

then connect to the “relevant” facts ( the relevant facts being those facts which will determine the outcome),

when he pushed Pam even though he knew she was in no danger of being hit by the bicyclist (or when he said , “would you buy my watch for $500 in cash on next Tuesday?” or when the defendant conducted business in the forum state, had an office and a full-time staff, and paid state taxes.)

• definitions
• exceptions to the general rule
• limitations to the rule
• moving from the general to the specific
• defining each legal term of art

“Because” is the single most important word to use when writing the analysis. Using the word “because” forces you to make the connection between rule and fact. You’ll find that you can also make use of the words “as” and “since” — they serve the same function as “because.”

Examples of how “because” works to change recitation to application:

What not to write: In this case, while Pete the police officer was giving Dan a sobriety test, he noticed that Dan fit the description of an eyewitness to the robbery, giving the police officer probable cause to arrest Dan.

What you should write: In this case, Pete the police officer realized that Dan fit the description of the suspect, providing probable cause for arrest, because Dan was extremely tall at 6'4", was wearing a green and tan sweater with purple patches and pointy-toed alligator cowboy boots, fitting the description provided by the eyewitness to the robbery.

What not to write: ABC Inc. engaged Dr. Jones to develop a drug that reduced hair loss. Dr. Jones worked in his own laboratory, hired and fired his own assistants and set their working hours as well as his own. He meets with the President of ABC every Friday morning to discuss progress on the project and at this time, Dr. Jones submits his timesheet for payment. The President pays Dr. Jones weekly.

What you should write: Here, Dr. Jones can be considered an independent consultant for ABC Inc. because he completes all the research and development work in his own laboratory, in a separate facility from that of ABC, where he has direct control over the employees because he hired his own assistants, setting their work hours. He also exercises direct control over his own work because he sets his own work hours and only meets with ABC once a week. Further, since he only meets with the President of ABC on a weekly basis to discuss progress on development of the hair loss product, the President does not supervise Dr. Jones on a daily basis as to the work which goes on in the laboratory.

• Conclusion: Is something not clear to you? If the court’s reasoning seems off, question it. If you see a conflict or a result that doesn’t comport with the reasoning, note it. It is likely to show up in class discussion. State your conclusion with respect to each issue. There is no right or wrong answer. There is only logical analysis based on the rule and the facts which lead to a reasonable conclusion.

Note: Repeat the process for each issue you identify — each issue forms the basis for a separate IRAC analysis.

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How To Use The IRAC Method To Excel In Your Law Essays

Find out how to tackle problem questions in your law exams using the IRAC method.

When it comes to writing essays for Law as a university student, you’ve probably read a lot about the typical ‘intro-main-body-conclusion’ essays. However, when it comes to black letter law subjects , these require a different type of approach. Here is how to approach problem questions using the IRAC (Issue, Rule, Application, Conclusion) method.

What Is Black Letter Law?

Black letter law refers to areas of Law that consist mainly of technical rules, as opposed to areas of law that are defined more by a conceptual basis. Black letter law subjects include modules like tort law , criminal law , property law, etc. When it comes to examinations for these subjects they typically consist of problem questions and statement questions.

What Are Problem Questions?

In a problem question, you would probably be given a legal scenario and be tasked with explaining what the legal outcome would/should be. For example, there might be only one issue you are addressing or a series of legal issues in one given scenario.

In a statement question, you may be asked to analyse and/or give your opinions on judgments and legal concepts. For example, ‘Would you agree that xyz statute has incrementally progressed over the years?’ .

In an exam, you may have the choice to answer a number of questions picking how many you want to answer from the two types of questions. In this blog, I will be explaining how to approach problem questions.

What Is The IRAC Method?

The best way to approach problem statements as a beginner law student is the IRAC method: Issue, Rule, Application and Conclusion. This will allow you to give analytical answers that are clear and structured.

With an IRAC essay and problem questions in general, you do not have to write an introduction. You can go straight into answering the question – this is a key difference to statement questions.

For each of your points, you will start by stating the  legal issues  that arise in this scenario. 

When writing an issue statement, you can say something like, ‘The issue that first arises is if/whether…’. Then, you would complete the sentence by identifying and stating the legal conclusion that needs to be reached. For example, ‘The issue is whether the defendant is criminally liable for xyz’. 

After this, you would connect the issue statement to the relevant facts in the scenario. For example, ‘The defendant did xyz knowingly, therefore doing xyz to the claimant’. 

After writing your issue statement, you should identify and explain the rules that apply in this scenario and will ultimately define the/your legal conclusion. The  rule describes  which law or test applies to this issue.

So, this is where you would draw on your primary and secondary sources knowledge to support your analysis. It should be stated as a general principle for the scenario and not as a conclusion to the scenario being analysed – at least not just yet.

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Application

After stating the legal issues and relevant rules, now it is time to provide the main body of your analysis. In the application part of your answer, this is where you will explain how the legal principles you mentioned can be applied to your scenario, demonstrating your understanding of the law. 

In the application stage, you should constantly use key phrases from the legal principles mentioned. Do not worry about repeating your words – it is important to establish the connection.

You can also build the connection between the rules and your application by using connectives like ‘because’ and ‘since’. For example, ‘Here, the criminal can be considered independent of xyz because xyz…’ or ‘Since the defendant did xyz this breaks the causation chain of xyz’.

The key to application is not to simply regurgitate the rules but to successfully provide judgment based on the facts and rules.

When it comes to problem statements, there are two types of conclusions. The 1-2 sentences that conclude each issue explored and your final judgment.

In your brief  conclusion s, you can use one or two sentences to concisely state the outcome of the issue, based on the application of the rules to the facts of the case. For example, ‘Therefore, the defendant can be found criminally liable for xyz’.

In your final conclusion, you should first state your conclusion regarding each issue. Then, if applicable, you will provide your overall judgement. Like a normal essay, do not mention anything new that you have discussed (unless you perhaps forgot a point and are on a time crunch). Moreover, your conclusion should draw back to why you have come to this final judgment.

With answering these questions you should be assertive and plainly state your opinion. The journey to your judgment is the main part of your assessment, but it is your conclusion that brings your work together.

It is important to remember though that you will still get marks for your understanding and exploration of the law, so don’t feel discouraged if you don’t feel like you know the answer and answer to the best of your abilities. After all, the beauty of Law is subjectivity. 

In some cases, you may find that you can not come to a final judgement because the scenario needs more information. You may also find that your judgment is conditional on certain things. It is fine to state as so, and perhaps that is the answer. In general, however, if you can, you should come to a final decision.

Extra Points

After deciding that the IRAC method is the best to use and before even starting to write your response, you should spend time deeply analysing the problem. You should go through the statement and identify which parts will be relevant to each component of IRAC.

It is advisable to use something like different highlighters to identify each component. Make sure you can identify each part of IRAC in the statement before you actually start writing your response.

Key Takeaways

Before using the IRAC method you need to analyse if that is the most appropriate method for your exam/essay.

Find out more essay methods you can use here.

The goal is that as you start to become more experienced and knowledgeable as a Law student, you won’t answer your questions as rigidly and use a method that best works to your abilities. However, you can still get a great grade using the IRAC method to the letter and is advised by many legal academics.

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IRAC METHOD

WHY DO WE ADVOCATE THE IRAC METHOD?

The IRAC method in law is a great way to answer problem-style law questions.  What does IRAC stand for? It stands for four components: Issue, Rule, Analysis and Conclusion.   By using this IRAC method in law, you can break down any scenario into these components which will help make your legal analysis and answers more organized than if they were not structured like that!

WHAT IS THE IRAC METHOD?

The IRAC method in law is the heart of legal analysis. It allows you to think about any problem as an equation with two sides - one side representing your observance or breach of contract and another representing their respective remedies (such as damages).

The beauty in this system lies not only within its simplicity but also because it forces lawyers into thinking critically by identifying areas where they may have overlooked something important before moving on too quickly! If you want learn how IRAC works then keep reading.

WHO INVENTED THE IRAC METHOD?

IRAC is an acronym that stands for “initials of genre-relevant aspects.” Though many scholars reference IRAC in legal writing literature, there is no clear record as to its genesis and underlying principles.

The IRAC Method was a military training exercise that was created to teach new recruits how they could use their ability in problem solving when on battlefields. This idea came about during World War II where there were many problems with raw soldiers being drafted into combat without any form of instruction for what would happen next - this led them having little sense towards tactics which ultimately resulted failure at times even though some did surprisingly well given these circumstances.

IRAC helped kick start a revolution in law school course design. The early 1960s saw only one bar-review course available for students at Michigan's Wayne State University, taught by Professor Melvyn Nord whose lectures covered every topic but did not spend much time on essay writing because that was how things were done then--and still are!

When Professor Josephson started teaching legal research and writing in 1969, the course had two major differences from other bar-review courses: Professors who were seasoned law professors did all of their lectures and he emphasized relying on IRAC analysis for assessment and legal writing.

Josephson's Bar Review Centre became dominant in Michigan within a few years, and by 1973 they were enrolling 14k students across America. By 1980 Josephson had moved his company to Los Angeles where he took on the growing California bar-review market that was worth an estimated $4 million annually at its peak. IRAC has been used to help win World War II, make Mike Josephson a multi-millionaire and it can work for you.

HOW DO I USE THE IRAC METHOD?

How to find the issue in a law assignment.

Answering problem-based questions can be difficult, as they often rely on knowledge of the law rather than direct requirements. In these cases, it is essential to identify the core issue in order to correctly answer the question. This can be done by asking relevant legal rules and making sense of the scenario presented. With this approach, you will be able to pinpoint the key information needed to answer the question correctly.

When confronted with a legal issue, it is essential to consider the precise question you must answer in order to offer counsel to the parties concerned. This question will ultimately determine the outcome of the case.

For instance, if you are unsure about whether a contract is binding, you will need to consider whether there was a correct offer and an acceptance mirroring that offer. If not, then the contract may not be enforceable under our law. By thinking about the specific issue at hand, you can begin to research the relevant law and determine how it applies to the situation.

EXAMPLE OF ISSUE

Issue: when is a contract binding  what is an offer  what is acceptance is a contract binding when there was no offer.

Issue spotting is a critically important skill for law students. In order to provide sound legal advice, it is necessary to identify all of the relevant issues in a problem scenario. Unfortunately, many students have difficulty spotting issues, which can lead to them providing inaccurate or incomplete advice. Issue spotting can be tricky, but there are a few tips that can help.

First, it is important to use the IRAC method when analyzing a problem. This will ensure that you consider all of the relevant legal issues. Second, familiarize yourself with the types of issues that commonly arise in different areas of law. If you know what to look for, you will be more likely to spot an issue when it arises. Finally, bear in mind that the legal topic you are tackling can include many legal issues. In fact, usually there are around 3 to 5 legal issues in a standard problem scenario.

It is necessary for you to identify every single legal issue and provide a separate rule and analysis for each of them to reach the final advice that you will give to the persons mentioned in the scenario. By following this method, you can improve your issue spotting skills and become a better lawyer.

WHAT IS THE RULE?

In order to determine which specific law is applicable to the legal issue at hand, one must engage in a process of Rule identification. Rule identification involves some digging through study materials to find the right cases and/or statute sections which will help answer the legal question asked. The rule should be stated as a general principle, and not as a conclusion to the scenario being analyzed.

The Rule Identification step is a critical part of the IRAC method, as it allows us to move on to applying the law to the facts of our particular situation. Without correctly identifying the applicable rule, we run the risk of misapplying the law and coming to an incorrect conclusion. As a result, before continuing with the analysis, care must be made to make sure the right rule is found. After applying the rule, you may go to IRAC's third stage, analysis.

ARTICULATE RULES

Rule identification is important for a law student or professional for many reasons. It allows you to determine which legal rules are relevant to your problem scenario and to apply the rules correctly to find the right conclusion. Rule identification also demonstrates to the examiner that you understand how to make a distinction between the legal issue and the legal rule applicable to the scenario. This is a very important skill for any law student or professional.

You can use our law books to help you identify the relevant legal rules. Our law books give you the information you need while focusing and breaking down the information using IRAC. All of the information provided in our subject specific text books is divided into the IRAC information you will need.

HOW TO DO THE ANALYSIS

Analysis is the longest and most important section of an IRAC answer. Here, you will apply the rule to the specific facts in the problem scenario. You will need to rely on the facts to describe how the rule you are applying can result in a conclusion. It is essential that you talk about both sides of the case.

Analysis requires a great deal of critical thinking and could be compared to solving a puzzle. All of the pieces must fit together in order for the picture to be complete. Analysis is where you will demonstrate your understanding of the law and how it applies to the given facts. To be successful, you must use our law books which provide numerous examples and explanations to help with your analysis.

Analysis is key in IRAC writing - without it, you will not be able to properly apply the legal rule to the facts in the problem scenario and reach a conclusion. Our law books can help you with analysis, by breaking down the rule into its component parts and explaining how it applies to the facts of your problem scenario.

Once you have carried out your analysis, you should be able to reach a well-reasoned conclusion that is backed up by the rule and the facts. If you find that your conclusion is not supported by your analysis, then this means that you have not really used IRAC correctly and will need to go back and revise your work. Analysis is therefore essential in ensuring that you are using IRAC correctly and producing a well-reasoned piece of legal writing.

When analyzing the legal rules applicable to the scenario, you will likely have to call on the facts of specific cases which you identified. The best way to use those cases is to compare and contrast the facts in those cases with the facts in the problem scenario. Then, you should look at the decision in the case and figure out whether the court would be likely to make the same decision if they were faced with ruling on the facts included in the scenario.

The simple rule here is that if the facts of the scenario are similar enough to the facts of the case, then the judges would be likely to follow the decision in the case. However, it is important to remember that every case is unique and that courts may sometimes deviate from previous decisions. As such, it is always important to carefully analyze all of the facts and arguments before coming to a conclusion.

Another important note is your course conveyers are likely to test you on an area that is controversial so the analysis is also expecting you to clarify what the law says.

HOW TO COME TO THE CONCLUSION

The final step of using the IRAC method is writing a conclusion that explains the most probable outcome, which you will be able to identify after you have applied the rule to the issue and analyzed it. State the outcome of your analysis in a clear and concise manner.

For instance, "The contract between plaintiff and defendant is non-existent" is a good example of a very well-formulated conclusion. Do not forget that the outcome cannot be vague; it has to be transparent and clear. Use our law books which help you with a conclusion. The different sections will give you an excellent idea of how to formulate your own conclusion based on your specific legal problem.

Conclusion-writing is a skill that takes time and practice to perfect, but by using the resources available to you; you can write great conclusions for your IRACs. Using IRAC you should produce  the case study conclusion. The scenario does not provide enough information for a definite conclusion to be reached. It is deigned to inspire a debate. Never sit on the fence. Put yourself in the Judged position to predict what the outcome of a judgement would be.  

The application of the law in this case would depend on X, Y and Z. Therefore, you can use words such as “is more likely than not” when discussing the legal rules and applying them to the legal issues. Make sure to discuss those X, Y and Z factors when analyzing the legal rules and applying them to the legal issues. Our Q&A Series law books can help you reach a conclusion by providing information on the law and how it applies to different scenarios.

The scenario does not provide enough information for a definite conclusion to be reached; with more information about X, Y and Z we can give more accurate advice.

IRAC METHOD EXAMPLE

If you want to see a worked example of the IRAC Method, we have worked through a past Contract Law  exam question and a past Land Law problem question, to demonstrate how it works.

CRITICISMS OF THE IRAC METHOD

The IRAC method is a very popular method of legal reasoning, but it has its fair share of opponents. The fundamental justification offered by IRAC's proponents is that it aids in organizing legal analysis by simplifying legal reasoning to the application of a formula. IRAC may be a highly helpful technique since a well-organized legal analysis is simpler to understand and has fewer reasoning mistakes.

However, some people argue that IRAC can lead to oversimplification and that it encourages people to focus on the rules rather than the underlying principles of law. Ultimately, whether or not IRAC is a helpful tool depends on the individual user. Some people find it extremely useful, while others prefer to use other methods of legal reasoning.

It is sometimes argued that the IRAC technique encourages overwriting and oversimplifies the complexity of sound legal analysis. According to this perspective, a solid legal analysis should consist of a serious, well-researched essay that is presented in an approachable style. An open format is necessary to allow legal reasons to focus on effectively presenting their argument rather than strictly following a prescribed structure, which lessens this emphasis.  When writing law essays I have devised the Fact Law Sandwich. This method allows you you think about the structure and the presentation of advice easily . 

IRAC may be helpful when you have a short amount of time and need to come up with a clear and simple solution to an issue, but it's crucial to keep in mind that it's only one method of approaching legal analysis. There are many different ways to format your law notes, and each has its own advantages and disadvantages. It is up to the individual lawyer to decide which method works best for them.

IRAC is an analytical method used to dissect legal issues. IRAC stands for Issue, Rule, Analysis, and Conclusion. The IRAC method provides a framework for organizing your thoughts and Ideas when writing about a legal issue.

The issue is the legal question that is being asked. The Rule is the law that applies to the Issue. The Analysis is where you apply the rule to the facts of the case. The Conclusion is your answer to the Issue based on your Analysis. The application/analysis component of an IRAC method  is the most significant since it creates the solution to the problem at hand. In this section, you must think like a lawyer and argue both sides of the issue before coming to a decision. This section can be difficult if you are not familiar with legal concepts and reasoning.

However, there are many resources available to help you understand and apply the law. There are many law books available that can be helpful, especially if you are just starting to learn about law. In addition, there are books on IRAC and other legal reasoning methods that can provide guidance on how to approach legal issues. With some practice, you will be able to use IRAC to analyze legal issues and reach sound conclusions effectively.

The IRAC method is a great way to break down complex legal problems into manageable steps. By breaking the problem down into four logical stages, students can more easily follow the reasoning and reach a conclusion. The IRAC method is used in our law books and other books on law, making it a great tool for beginners. However, it is also useful for more experienced lawyers who need to refresh their skills. By using the IRAC method, lawyers can be sure that they have covered all the relevant issues and arrived at a sound conclusion.

OUR CORE SERIES LAW BOOKS

Law books can be very dry and boring, making them difficult to get through for anyone who is not particularly interested in the subject. However, the Core Series law books take a different approach, starting with a general principle before moving on to more specific information. This makes them much easier to understand for anyone who is new to the subject.

In addition, the books for law students are very well-organized, so you can quickly find the information you need. Law Notes providers are also a great resource for beginners, as they provide clear and concise explanations of the law. However, what sets the Core Series books apart from other law textbooks is that they are specifically designed to be used by students who are studying law courses. As a result, they are an essential resource for anyone who is planning on taking any law course exam.

The books for law students provide authority for the principle of a case will be a full citation. The books then present the facts of each of the cases. This is important for two reasons firstly, to familiarize the student with the case. The court has made its decision in this context. Second similar facts will be used to test your knowledge. Next, the books provide the Ratio decidendi, with this is the decision that decided the case. This is what law lecturers and professors want to see in your law answers, not just the facts. Lastly, the books talk to you about applying the case and explain how the case should be applied.

OUR Q&A LAW SERIES BOOKS

The Core text series is complemented by our Law Books Q&A Series . Once students have mastered the broad ideas and the legislation, our materials instruct them on how to arrange their responses. It presents students with questions and answers using the IRAC Method by encouraging them to use the basic concept, the ratio decidendi of each case, and demonstrating how to apply each case.

The majority of the questions addressed in these publications are regularly utilized by colleges for assigning tasks, coursework, and assessment questions. Our law textbooks are frequently referred to and recommended by professors as excellent resources for answering examination questions and are available in many university and college libraries. Our aim has always been to make available quality material at affordable prices, and we hope that these books will be found useful by students all over the world.

Our Q&A Series is a collection of instruction manuals that are designed to support you as you study and aid in test success. Each book in the Q&A Series is centred on a particular law degree curriculum. Each volume in the Q&A Series is a high-quality compilation of written test questions, together with their concise and understandable solutions. With features like case essays and issue question responses, we go down to the point and demonstrate what you need to know.

By showing you how to apply what you have learned to detailed problem-solving and essay-writing Question and Answer Series, we go even further. For each of the aforementioned fundamental law degree courses, we provide Q&A books. See the list below for the particular topics covered in each Q&A book. Alternately, see how they function by examining the examples.

Our Law Books focus on explaining the law in simple terms, while our Q&A Book focuses on giving you questions that mirror those asked in law school exams with full explanatory answers. Our Question and Answer Series is designed to give you the tools needed to confidently tackle any question that may come up in your exams. Get ahead of the competition by adding our law books to your arsenal today!

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Helpful Hints to Writing a Better IRAC

Only a few pointers are needed to have you writing like a lawyer

In order to succeed in legal research and writing, you need to master the writing format that the legal world has come to expect. Whether you write a memo or a brief, some form of the IRAC format will be used, no matter where you work or study.

Though the nuances of the format will vary by law firm and law school, this guide is meant to assist undergrads and law students with a few helpful hints to further mastering the style.

What does the IRAC stand for?

The IRAC methodology represents the following concepts of a legal problem:

I: The issue or legal matter at hand. R: The rule or expected legal outcome. A: The analysis or explanation of the relevant laws and case law. (Sometimes the “A” is referred to as the “answer,” but the content remains the same.) C: The conclusion or summary of your legal analysis.

Though a large majority of law schools and law firms use the IRAC, some practices will call the format either CRAC or CREAC. The “C” typically refers to the conclusion and “E” refers to the explanation. Regardless, the main elements will remain the same.

Just the facts, ma’am...

Though there is no “F” in IRAC, the facts section is instrumental to all IRACs. If you’re writing a memo or brief, you’ll need to summarize the most important facts of the case. This is often difficult for students as “issue spotting” and other legal analyses often take some time to master. Many students write too much, while just as many write too little.

Here are some brief pointers to keep in mind:

• Remember the “5 W’s and an H” from elementary school? Those elements are still relevant in legal writing. You need a who , what , where , when , why and how in your factual analysis in order to present as full a picture as possible.
• If it’s not a clarifying detail, it’s probably safe to leave out.
• Make sure all the facts you plan to mention are in this section. Too often, students will introduce a new fact in the conclusion or analysis, which is a legal writing blunder.
• Keep your paragraphs short. Too much content in one paragraph is often too difficult for a busy lawyer or judge to read.
• You can write the facts section first, but always go back and re-read your facts after you’ve completed your analysis to make sure you address the most important points.

Tackling the legal issue

The issue is arguably the most important aspect of a legal document as it summarizes the legal question at hand. Often referred to as the “issue statement,” the issue is written as a question and needs to address the main aspects of a legal problem. Never use specifics such as names in an issue statement, as this section is meant to ask a general legal question.

The easiest way to write the issue is to compose the question after you’re written every other part of the IRAC. The issue is more or less a restatement of the conclusion, written in question form.

Writing a perfectly formatted issue is tricky, but while you’re learning, the best style is:

Under ___________ law, ________________ when _________?

The “under” portion is the easiest as you’re merely stating the location. The next blank of the question refers to the crime or liability, and the final blank refers to the specific case at hand. Below are some example issue statements:

• Under Maryland law, is a landlord negligent when he hasn’t replaced a broken fence for over 6 months and a wild animal came onto the property?
• Under Georgia law, can a person be convicted for breaking and entering if she was attempting to make an emergency phone call when she broke into her neighbor’s apartment?
• Under Colorado law, is a doctor liable for damages when the intern under her supervision had consensual sexual relations with her patien t?

As you can tell by the above examples, your issue question needs to be able to have a “yes” or “no” answer.

Stating the rule

The rule section is where you provide a shortened answer to your issue statement. Some law firms and law schools will expand this section, but these helpful hints should help you no matter what format your boss or employer suggests:

• Though this may vary, generally speaking, you write the rule in the same neutral tone as the issue in terms of not providing party names or other proper nouns.
• The rule should never be more than a few sentences. This isn’t where you explain the law. Instead, you provide a legal outcome.
• In instances where several laws are applicable, you may need to have several rule statements. If that’s the case, it’s permissible to write more than one legal issue. Be sure your number of issues matches your number of rules.
• Even if the statutes or case law is unclear or may not be fully applicable to your case, write your rule in a definitive tone. The analysis and conclusion are where you can explain the deficiencies.
• The rule may seem like a run-on sentence. That’s ok. This is one of the many examples where typical grammatical rules don’t apply to legal writing.

Sample rules include:

• Yes, a Maryland landlord is considered negligent for neglecting repairs to a fence when there was actual and constructive notice that the damage was large enough for an intruder or animal to pass through and cause harm.
• No, a person facing an imminent threat of harm to herself and her loved ones cannot be considered guilty of breaking and entering when trying to escape danger and contact law enforcement.
•  No. In Colorado, a doctor is not responsible for preventing the consensual relations of her intern with a patient if the relationship was unknown to the doctor and took place outside of the hospital.

Writing the answer/analysis

The answer or analysis section is the most difficult portion of the IRAC in terms of providing helpful hints. Each case can have drastically different circumstances and your firm or law school may have specific grammatical and style rules that you need to follow.

Nevertheless, below are some generalized pointers that should help, no matter what additional style rules or analysis you need to apply:

• Most importantly, pick your supporting statutes and case law from the same geographic location as your client’s case. Only law from the same federal or state court is “mandatory” for the presiding judge to follow. Other locations’ rules are considered “persuasive” authority.
• As a rule, criminal law cases will need a reference to a statute. Many civil law cases, especially personal injury cases, may not have an appropriate statute.
• Both criminal cases and civil cases should have at least two sources of case law on your topic.
• Citations matter so be sure to adhere to proper Bluebook or ALWD format.
• Complex cases or cases with more than one issue should have subheadings for each individual legal topic or section.
• Like the defendant in Hayes who used a knife to enter the store, our client picked open the lock with a pocket knife.
• Unlike the landlord in Cogswell who knew of the mold growth for several weeks, the landlord in this case was only notified of mold when Mrs. Smith went to the hospital.

Concluding your IRAC

Like a scientific conclusion, the conclusion of an IRAC is a summary of your legal findings. Your conclusion shouldn’t be longer than a paragraph, yet it should address the legal question and offer a legal ruling. In a memo, you’ll also address questions such as whether or not the firm should accept a case.

Though no two conclusions will ever be the same, here’s a sample to give you the proper format:

In Texas, a landlord will be considered negligent if he or she had actual or constructive notice of mold, yet failed to take appropriate action to correct the problem. Mrs. Smith never informed Mr. Apple of the mold nor did Mr. Apple have any reason to come and inspect her apartment. As a result, it’s unlikely that Mrs. Smith will be able to recover damages from Mr. Apple, and we should decline the case.

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Master Legal Writing with the IRAC Method

• ALU Site Admin
• January 29, 2021
• No Comments

Meet your new law school friends: Issue, Rule, Application, and Conclusion (IRAC). Start out on the right foot together with these examples and tips for writing with IRAC. 

If you think writing stops when you graduate from college, think again. Those general education credits you took all those semesters ago for English will come in handy, especially if you want to pursue law. 

Don’t worry. You probably won’t be asked to write a persuasive essay or analyze another TED Talk video for ethos, pathos, and logos. With the popularity of online law school on the rise, you may even be able to dodge the Socratic method experience. But there is something called the IRAC method that aspiring law school students should prepare to learn.

Whether you’re considering law school , taking classes, or about to graduate and join a firm, IRAC is going to crop up one way or another in the legal world. 

Note: CRAC (Conclusion, Rule, Application, Conclusion) or CREAC (Conclusion, Rule, Explanation, Application, Conclusion) are other forms of IRAC, but the elements are the same. 

What Does IRAC Stand For? 

‘Issue’ refers to the legal matter at hand. Clearly define what it is, the parties involved, and provide sufficient background. 

This element represents the legal rule(s) that apply in the case being discussed.

A: Analysis 

This is where you apply the rule of law to the facts of the case. The “answer” or explanation of the relevant laws and case laws should be included in your analysis. It doesn’t hurt to include several as long as they’re applicable.

C: Conclusion

The conclusion is a summary of your legal analysis. Remember to end on a strong note while sticking to the facts.

Considerations When Using the IRAC Method

We’ll explore each of these in more detail. But first, here are some elements to consider about legal writing :

• Students tend to let their thoughts run away with them or cut their thoughts short. Be brief. If a sentence isn’t a clarifying detail, then it probably shouldn’t be included.
• Remember that you want to be a lawyer, not a novelist. Stick to the facts, plain and simple, short, and to the point. If there’s no point, it’s of no use. 
• Who, what, when, where, why, and how are always relevant when writing legal memos and briefs. And even though they’re not technically included in IRAC, they’re just as important.
• Always double check your facts . There’s a reason why “fact-checker” is a job title. Unfortunately, not all lawyers have that luxury, especially when you’re just beginning to dip your toes into the sea of laws and legal terms. Read and reread your documents thoroughly before submitting them. 
• While you’re at it, check for grammar and punctuation errors, too. Just like knowing the difference between an intentional tort and negligence is important, spelling and syntax are also essential.

The Issue: Put it on the Table

When you hand in a memo, the first thing your reader should see is the question you’re trying to answer. That question should be the issue you’re going to be addressing, and your answer needs to cover all the main legal aspects of the problem. A good tip is never to use specific names. Keep it as general as possible.

An easy guide to follow might look something like this:

Under [blank one] law, [blank two] when [blank three]?

By using “under,” you can narrow down the location (i.e., the state the issue is taking place in) before moving on to the issue of crime or liability. 

Another tip is to hold off on writing the issue until the rest of your piece is written. Take the conclusion and condense it into a single sentence. Then, all that’s left to do is finish it off with a flourish shaped like a question mark.

“Yes” or “no” needs to be the simple answer to the question.

The Rule: Clear and Simple

This answer is the short portion of your IRAC. Unfortunately, there’s no rule of thumb to go with it because every school and employer has its preferences. 

However, here are a few tips to keep in mind:

• Like your question (issue), the tone should be kept neutral and avoid any names of the party members involved and other proper nouns.
• Don’t go into detail about what the law is. Assume your audience is familiar with the law already. Instead, explain in just a few sentences what you expect the legal outcome to be.
• If several laws could be applicable in the case, you may need to have more than one rule statement , perhaps several. As you reread, be sure to check that the number of rules matches the number of issues you’ve stated.
• Use a definitive tone , even if the statutes or case laws referenced aren’t strictly applicable to the issue. 
• Even writers break the rules sometimes. For lawyers, one of those times is when you’re stating the rule . It may look like a run-on sentence from one of the required readings in your prerequisite course, but that’s okay.

An example: 

No, the employer cannot be sued for a worker’s injury because workers’ compensation not only covers the costs of recovery for the injured employee but protects the employer against lawsuits. 

The Analysis: Be Specific

The analysis of your IRAC is usually the most challenging portion because it asks the writer to be specific, and the style is often inconsistent. It’s essential to know the grammatical and style rules set forth by your boss or professor in order to write an IRAC that will pass inspection. 

Here are some general tips:

• Be as geographically accurate as you can. If a past case took place in the same state or city as the issue you’re addressing, refer to it as much as possible. 
• By rule, criminal law cases require a statute to be referenced, whereas a civil law case may not have appropriate statutes.
• At least two sources (minimum) are required for both criminal and civil cases.
• Proper citations are critical, which means the Bluebook and Association of Legal Writing Directories (ALWD) are your new best friends for citing cases.
• Subheadings are welcome for cases where more than one issue is being addressed. Use them to define individual legal topics.
• Draw similarities between your case and the ones you’re referencing by writing analogies such as: Like the plaintiff who was injured by the defendant’s dog, our client was scratched by the neighbor’s cat.

The Conclusion: Last but Never Least

Probably every lawyer’s favorite part of the IRAC is the Conclusion because it means they’re almost done writing! Like every high school and college essay you ever wrote, this is where you summarize the entirety of your legal findings. 

Your conclusion generally shouldn’t be any longer than a paragraph and needs to address the legal issue one more time. If there’s more than one issue, make sure each one is addressed. The conclusion should also offer the expected legal ruling. 

No two conclusions are ever precisely the same, but an example might be:

Mr. Golden cannot be sued for Mr. Delicious’s slip and fall from the refrigerator because Mr. Golden offers workers’ compensation to his employees; therefore, he is protected against a personal injury lawsuit. The civil claim should be dismissed.

Stay With It

The IRAC method isn’t as bad as you might think. It just takes a little bit of practice and a lot of muscle memory. 

One last tip: worry about the format later. Put those ideas running around your brain down on paper first, then you can arrange them into proper paragraphs. And don’t be shy about using examples to guide you for future IRAC assignments. 

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Advanced example of an irac.

The following example of an IRAC is deemed "advanced" only because it is probably the most complex analysis that you would want to squeeze into a single IRAC without modifying the structure of that traditional IRAC, or writing an additional IRAC.

ISSUE SECTION

The issue section of an IRAC is where you announce to your reader what questions of law and what questions of fact you will be discussing.

This IRAC involves two question of law: whether the defendant can be convicted of battery; and if so, whether he has a justifiable defense for that battery. Some elements of these questions of law also involve questions of fact.

You could get away with using just the first sentence of my example issue section as your issue statement, but I have always preferred to use the issue section as an umbrella section. This umbrella provides a roadmap for the reader which prepares them for your logical analysis.

Example Issue Section:

The issues at hand revolve around whether the Defendant (D) can be convicted of battery, and if so, whether he had a justifiable defense for his actions.

D was involved in a fight with the Plaintiff ( P) and knocked P unconscious with a blow to the head. Prior to this fight, P had made several threatening comments and violent gestures, which D claims resulted in his apprehension of immediate harm; but P refutes the claim that he made any gestures. 

Although it is likely that D could be found guilty of battery under State Law X, it is likely that he will have a justifiable defense per State Law Y and the precedence of Case Z.

RULE OF LAW SECTION 

This IRAC is a typical example of a rule section. It is usually comprised of multiple statutory elements along with several relevant court holdings that help define those elements.

Whether you are a law student, a lawyer, or any other professional writer; it is your job to reduce your logical argument into a step-by-step guide so that the reader can put those steps together for themselves. The rule section is the foundation for that guide:

Example Rule Section:

In order for D to be convicted of battery, his actions must meet the two elements of State Law X: (1) That unwanted contact was made with a second party, and (2) That the actor intended to make this unwanted contact.

Even if both of these elements are met, and a conviction is possible, State Law Y provides that if a person is in apprehension of immediate harm they are justified in making enough unwanted physical contact to prevent that harm.

Even though determining whether an apprehension of immediate harm exists is typically a question of fact; In the holding of Case Z, from a neighboring jurisdiction, the court determined that words without violent gestures were insufficient to create such apprehension.

APPLICATION SECTION

After building a foundation of your argument with the relevant laws and case precedent, your reader has a good understanding of the logical argument you are making. Here, in the application section, plugging the current facts into the rule framework you have built will show the reader the parallels between the rules and the facts; leading them to what should be an obvious conclusion.

Example Application Section:

Regarding whether D can be convicted of battery under State Law X, it is uncontested that D meets all elements of that law when he intentionally made unwanted contact with P. The determination of whether D will be committed of battery depends upon whether he has a justifiable defense for his actions against P.

D can argue that under State Law Y he has a justifiable defense for making unwanted contact with P; thus negating the conviction of battery. Under that law, D's battery of P will be considered justified if D was in apprehension of immediate harm. Whether an apprehension of immediate harm existed will likely be a considered a question of fact, and the judge will be the trier of facts because this state's punishment for battery is lower than the required threshold for a jury trial. With no further rules of law, D's contention of being under apprehension of immediate harm will likely succeed based on the evidence that P made threats, and D's statement that P made violent gestures.

Although, if this court takes neighboring state's Case Z into consideration, D's chances of winning the justified defense argument will be decreased. Under this case, verbal threats are not enough to create an apprehension of immediate harm; requiring the addition of violent gestures to reach that level of apprehension. Even if this court follows the ruling of Case Z, and despite P's claims, D has stated that there were both verbal threats and violent gestures causing his apprehension. Due to this, the judge will again have to determine the question of fact regarding the existence of violent gestures, and thus whether D's actions were justified.

CONCLUSION SECTION

Your conclusion section is where you remind your reader of the obvious conclusions and any nuances they may have forgotten. No matter how perfect your logical argument is, legal analysis is often dense and nuanced, and possibly confusing. 

This section allows you to state the most likely outcome of your legal analysis and remind the reader what the outcome would be if legal or factual questions were determined differently than expected.

Example Conclusion Section:

Although D meets the elements of battery under state law, there is a good chance that his claim of having a justifiable defense will succeed. This claim of justifiable defense hinges upon a determination of fact by the judge hearing this case; whether or not D was under apprehension of immediate harm.

If the judge rely's on the fact's of the case, the P made verbal threats, and may have made violent gestures, it is likely that an apprehension of immediate harm will be found. But, in the less likely possibility that the judge follows neighboring state's precedence (requiring violent gestures in order create such an apprehension) then the judges determination of fact will depend upon P's word against D's. I n this situation, the final determination could swing either way.

Make This Your Last Time

Bar Exam Preparation

Stupid Simple IRAC

Everyone says “just IRAC” when it comes to writing essays on the bar exam.

That drives me crazy too. I’ve heard that since I was a 1L. And it kinda makes sense… until you ACTUALLY TRY TO DO IT.

It’s supposed to be one of the most basic skills in law school (and on the bar exam), but it’s frustrating when you have no idea what you’re writing.

Coming up with things to write is hard! Know the pain of creation. But you don’t have to suffer.

Let’s break down “IRAC” so it finally becomes simple and the least of your concerns. We’re going for the win!

First of all, on the bar exam, issues are king. Stop trying to look cool with a huge analysis and end up tripping all over yourself.

Issues are really simple. You just state the issue:

Don’t forget to do the same for sub-issues. This is based on one of the rule elements of battery under tort law:

That’s it! Easy, right?

This is going to be the anchor for the ship you’re going to ride to fish points out of the water. Help the graders see these street signs, and they’ll have an easier time giving you points.

Cool, time to move onto—

Wait, how do you even identify the right issues? Great question! I’m glad you asked because everyone else is too chicken to ask how to “issue spot” exactly.

While issues are simple to write, they are NOT always easy to figure out, and they have the MOST impact on your essay’s score.

This gets brushed over so much in law school and bar prep that I’ve devoted an entire technique called issue checking (which probably saved my ass on my second attempt at the bar exam).

“ Issue spotting ” has no process to it, and therefore is a less reliable method of getting the points you deserve on the essays. I recommend checking for issues instead of spotting issues .

Even looking at the phrase “issue spotting” grosses me out. Just throw it back where it came from with all its clothes and say, “Don’t you ever come back here!”

Everyone loves this one because it’s the thing they have to memorize. You also have to memorize the issues btw.

Fine, let’s just plug in the rules:

D is liable for battery if he voluntarily acted to bring about harmful or offensive contact with P’s person, intended such contact with P’s person, and caused such contact. P’s person is P himself or something closely connected to P.

Harmful or offensive contact

You’re stating principles or major premises that your argument will be based on. Equip only what you will need to get through the issue rather than dumping everything you know about the subject.

Three things to remember (common mistakes):

• Don’t commingle rules and analyses. Keep them in separate paragraphs, stating the rule(s) first.
• Include sub-rules for sub-issues where applicable (see above example).
• Beautiful rule statements alone won’t get you far. Don’t obsess over them to the detriment of other components of IRAC, particularly issues.

Application (Analysis)

Now you’re applying the rule you laid out to the facts.

I prefer to call this “application” instead of “analysis.” Leave the deep analysis for law school where you beat up an issue until it can’t give you any more information.

Bar essays are more straightforward. Take relevant facts from the hypo and connect them to the rules:

• Best to use a transitional word such as “Here” or “In this case.”
• Show your work! Like solving an algebra problem, take it step by step. It helps to think “why” and use the word “because” to connect facts to law. Don’t be afraid to “plagiarize” and copy facts from the hypo. You can also make reasonable common-sense logical steps.
• Do not introduce new rules. State all the principles you’re relying on before you apply them. (In other words, don’t commingle rules and analyses.)

Each application section can have multiple mini-IRACs for sub-rules, like this: I-R-[irac]-[irac]-[irac]-C.

Otherwise, you’ll end up with one giant IRAC soup of words talking about multiple sub-issues at once. Let’s make it simple and clean instead.

Here’s an example application of the sub-rule for the “harmful or offensive contact” sub-issue:

Another, more straightforward example that hits each portion of the sub-rule we cited above:

• Harmful or offensive contact with P’s person
• P’s person includes P himself or something closely connected to P
• Direct physical contact that would be offensive to a reasonable person

(Bold parts are just to draw your attention. Don’t actually bold these words on the exam.)

Note that you may be explaining obvious things. While these might look like exaggerated examples, what’s obvious to you may not be obvious to someone else. This is part of showing your work.

Not making these rule-to-fact connections is what’s known as “conclusory,” which you don’t want. Prove what you’re asserting.

An alien dropping by this planet should understand your reasoning. That said, be sufficient, not extra.

Should you use ping-pong counterarguments?

“P will argue A… D will argue B… No, but actually D’s position is weak because it’s a strawman argument I pulled out of my ass under time pressure and I don’t know why I said it, so yeah, P will argue A, final answer…”

Who cares dude. Just pick a position and argue for it.

You don’t need to make counterarguments as a default. Make a case for the “correct” conclusion. What’s YOUR take on the issue?

Counterarguments can and should be made in the form of legal arguments, not factual interpretations:

• You’re arguing opposing legal theories (e.g., defenses and exceptions). Defenses and exceptions are extra issues you’ll get points for. If you’re dying to use the facts in favor of the opposing party and can’t keep it in your pants, here’s your chance.
• Similar to (1), the rule calls for split views (e.g., Cardozo and Andrews).

You have room to make more detailed factual arguments when:

• The call of the question is narrow (“Did the court rule correctly on its motion to dismiss based on lack of personal jurisdiction?”) rather than broad (“What may D be guilty of?”).
• The facts are vague.

(You should analyze both sides if you’re writing an objective memo on the performance test. Even then, you can get a decent score even if you don’t drown your answer in factual ping-pong arguments.)

Make a conclusion based on the argument you just made. You likely know the conclusion already as you’re setting up your issues and rules.

For the “harmful or offensive contact” sub-issue:

For the “battery” issue:

Often, there’s a correct answer. But you’ll likely still get points even if you arrive at a different solution (especially where facts are vague) as long as you’ve resolved the issues logically using IRAC (a form of logic known as a syllogism).

I like to recommend optionally writing a brief summary of your argument, the part that begins with “because” above. You COULD stop at “D committed battery,” but it’s always good to give reasons if you can. It neatly ties up the IRAC unit.

Writing like a bar taker

You can see that the basic IRAC structure is rather mechanical and formulaic. In order of importance:

• Identify the issue or sub-issue
• State the rule(s) you need to resolve the issue
• Apply the rule to the facts

This isn’t a creative writing class. This is a closed-universe exercise. Don’t let your prior life experience get in the way.

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The IFRAC structure of court opinions, case briefs, and essay writing

Note: You can download a formatted version of this page suitable for printing at this link .

What is IRAC?

IRAC is a commonly used way of describing the basic structure of a law school essay, referring to  issue ,  rule ,  analysis , and  conclusion.  In reality, the IRAC structure permeates other forms of legal writing as well such as court opinions and case briefs. Once you understand the purpose of these three forms of legal writing, you’ll be better prepared to read opinions, write case briefs, and practice writing essay examination answers. As shown below, variants of IRAC (such as IFRAC or FIRAC) are commonly used paradigms of structuring several forms of legal writing that you will do in your first year.

You should come back to this handout regularly as your understanding of legal writing and analysis expand. Early in the semester, however, you will want to use this handout to help you to understand  reading  cases and  briefing cases. A case-briefing template based on this handout can be found here. You should use it in writing your case briefs for this class.

What is IRAC? IFRAC? FIRAC?

ISSUE: the legal question or questions that the court must answer.

FACTS:  includes historical facts, legally relevant facts, and the procedural posture of the case.

RULE: the law the resolves the legal question(s).

ANALYSIS: The reasoning, i.e.,  rationale , that explains and justifies the court’s decision.

CONCLUSION: The holding , i.e., what the court did legally and procedurally

The audience, purpose, and structure of opinions, briefs, and essays

The basic structure of opinions, briefs, and essays.

Revised July 29, 2019

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IRAC Method of Legal Writting, Essay Example

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Newberger v. Pokrass

The issue in this case is whether the passenger of a plane can share responsibility with the pilot if the pilot operates the plane in a negligent manner.

This case involved Melvin Newberger and Willard Pokrass who were acquaintances and traveled together. Pokrass possessed an Apache (twin) aircraft. One day, Newberger, Pokrass and one of their friends, Barbara Seely decided to make a trip to Eagle River in Wisconsin where Pokrass owned a home in the neighborhoods of winter recreational activities. On their flight to the place, the whether conditions deteriorated forcing them to make a stop over at Oshkosh until the whether allowed them to proceed. They also made another stop over at Rhinelander to refuel as they waited for the whether to calm down. During the short flight to Rhinelander, Newberger who was seated next to Pokrass (pilot) fell asleep. Pokrass had also mentioned that he also felt sleepy. Just before the plane crashed and caught fire, Newberger woke up Pokrass warning him of the crash. Although Pokrass claimed that he was aware of the possible crash, he did nothing to control the aircraft. Both Pokrass and Seely perished in the fire after the plane crashed. Newberger who survived the crash was found 14 hours after the crash. Newberger sued the estate of Pokrass for the losses and injuries incurred.

Application and Analysis

The jury ruled on his favor and was compensated for the pain and suffering and also for the wages lost. The estate of Pokras appealed on the grounds that had Newberger not dozed off during the flight, then he could have assisted Pokrass in averting the accident. The Wisconsin Supreme Court however ruled out the appellant’s claim by noting that Pokrass’ negligent in numerous aspects could have led to the crash.

The court therefore affirmed the earlier ruling and Newberger was compensated for the lost wages, pain and suffering in the winter environment for the 14 hours before he was found. The issue in this case is whether the passenger of a plane can share responsibility with the pilot if the pilot operates the plane in a negligent manner.

Tremaroli vs. Delta Air Lines

The issue in this case is whether the carrier’s tariff restricts its liability or that of its agents for normal negligence leading to a loss to the passenger in the course of an x-ray or inspection process.

Rule of Law

The rule of law in this is applied in establishing whether where a posted tariff association with the ticket for carriage on an ordinary carrier limits liability for checked luggage or luggage finally delivered to a flight attendant for stowage in the lodge, but instead the passenger insists on maintaining the custody of the package. In this case Delta and its agent’s limitations its liability is instituted by the clear and unclear terms of the contract of ticket which included, by reference, the law as set forward in Delta’s validly filed tariff. Thus any bailment established by the screening of property being ferried into the sterile sector of an airport comes about by force and operations of law and comprises of a reliable or unjustified bailment for which an ordinary negligence standard applies.

The plaintiff or respondents claim that the carry-on bag supposedly lost in this case is not a baggage and thus the tariff and agreement of carriage were not relevant and inapplicable. Delta ticket stipulates that the passenger’s belongings be either the cargo section or the cabin of the aircraft before it is considered as a baggage. The description of baggage is any property or article possessed by the passengers and is acceptable for transportation within the contract stipulations and is checked in the cargo section or ferried in the cabin of the cargo.

In the case, the court found that a practical bailment arose by operations of law when the possessions were turned over to airline staff for x-ray screening. Both Tremaroli and the Fourth District in the case assumed the solidly established law stipulating that the language in tariffs should be interpreted in a manner devoid of unfairness, absurd or improbability of results. Though a baggage as described above is a passenger’s article acceptable for transportation and already checked in, the possessions n this case turned into a baggage as soon as they were transferred to the x-ray staff for screening.

Wallace vs. Korean Air Lines

The issue in this case is whether a sexual assault offence o a passenger on board a flight constitutes a risk characteristic of air travel and thus an accident.

In this case, the plaintiff Wallace was sexually assaulted onboard the Korean Air Lines Co., Ltd. (“KAL”) worldwide flight. She was attacked by a fellow passenger. She filed a suit on the basis of Warsaw Convention, which renders air carriers responsible for passenger injuries resulting from accidents. The suit was however rued out by the U.S District Court for the Southern District of New York on the grounds that sexual assault was not classified as a risk characteristic of air travel and thus not an accident. In the fateful day, Wallace boarde the KAL flight 61 destined fro Los Angeles in California. Since it was a summer, Ms Wallace was clad in a T-shirt and a jean short with a belt. She fell asleep after her in-flight meal. Two men sat between Ms Wallace’s window seat and the gangway of the airliner’s cabin. Mr. Kwang Yong Park was seated near Ms Wallace. She had not spoken to Mr. Park before she slept. After three hours of flight, Ms. Wallace woke up in the darkened plane to realize that Mr. Park had unfastened her belt, unzipped and unfastened her jean shorts, and inserted his hands into her underpants to touch her. After she recovered the shock, she found a flight attendant and raised her claim. Another seat was re-assigned to her.

Application ad Analysis

In February 1998, Wallace sued KAL for the sexual assault by Park claiming that under the Warsaw Convention which governs all international ferrying of people goods or baggage by an airline. Warsaw Convention as modified by Montreal Agreement renders air carriers responsible for accidents sustained by passengers on board their planes. Her claim was dismissed by the district court on the grounds that sexual assault did not constitute a risk associated with travel and therefore not an accident. The court’s ruling that Mr. Park’s action did not constitute an accident ruled out the claim. Her claims of negligence by the airline were also ruled out on the basis of El Al Israel Airlines, Ltd. V. Tseng, 525 U.S. 155.

Airport police arrested Mr. Park on arrival to Los Angeles. He pleaded  guilty in the U.S District Court for the Central District of California to the offence of making an unwelcome sexual advances with another person in infringement of 18 U.S.C. § 2244(b). The court’s ruling that Mr. Park’s action did not constitute an accident ruled out the claim. Her claims of negligence by the airline were also ruled out on the basis of El Al Israel Airlines, Ltd. V. Tseng, 525 U.S. 155.

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IRAC Essay Example

The IRAC method is a framework for organizing your thoughts when analyzing a legal issue. It stands for Issue, Rule, Analysis, and Conclusion. Here’s a closer look at each step:

Issue: The first step is to identify the legal issue or issues that are presented by the facts of the case. You should state the issue or issues in the form of a question.

Rule: The second step is to identify the relevant legal rule or rules that apply to the issue or issues you have identified. These rules may come from constitutional law, statutory law, or case law.

Analysis: The third step is to apply the relevant legal rules to the facts of the case. This is where you will discuss how the law applies to the facts and whether the outcome of the case is likely to be different if the law were applied differently.

Conclusion: The fourth and final step is to reach a conclusion about what the likely outcome of the case will be. This conclusion should be based on your analysis of the law and the facts.

This handout explains the fundamental paradigm, or organizational structure, of predictive legal analysis, often known as “IRAC.” IRAC is a basic analytical paradigm; as your legal writing skills improve, you will be able to adjust it to fit a specific law issue. You can determine when it’s appropriate to modify the IRAC paradigm in a given scenario once you understand the IRAC structure and can apply it correctly.

There is no “right” answer to the question of whether or not to use IRAC. Some professors prefer that students use IRAC, while others do not mind if students depart from the structure. You should always follow your professor’s preferences.

The IRAC method is a framework for organizing your answer to a problem-based question. IRAC stands for:

A – Analysis

C – Conclusion

The Issue is the legal issue you are asked to address. The Rule is the law that applies to the issue. The Analysis applies the rule to the facts of the case, and finally, the Conclusion states what result would follow from this application of the rule to the facts.

The Issue: The first step in IRAC is to identify the legal issue. The legal issue is the question that the court will answer. For example, in a contract law problem, the legal issue might be whether there was a valid contract formed between the parties. In a torts problem, the legal issue might be whether the plaintiff can recover damages from the defendant.

The Rule: Once you have identified the legal issue, you need to find the rule of law that applies to that issue. The rule of law may come from a statute, from a case, or from a Restatement. You need to state the rule clearly and concisely. For example, if the legal issue is whether there was a valid contract formed between the parties, the rule of law might be the requirement for a valid contract: offer, acceptance, and consideration.

The Analysis: The next step is to apply the rule to the facts of the case. This is where you will discuss whether or not the elements of the rule are met by the facts. For example, if the legal issue is whether there was a valid contract formed between the parties, you will need to discuss whether there was an offer, whether there was an acceptance, and whether there was consideration.

The Conclusion: Finally, you need to reach a conclusion as to what result would follow from your application of the rule to the facts. For example, if you conclude that there was a valid contract formed between the parties, you might conclude that the plaintiff can enforce the contract against the defendant.

IRAC is a helpful tool for organizing your thoughts and your answer to a legal problem, but it is important to remember that there is no “right” way to answer a legal problem. You may find that in some cases, IRAC is not the best way to organize your thoughts. In other cases, you may find that you need to modify IRAC to fit the particular legal issue. As you gain experience in legal writing, you will be able to decide when and how to deviate from IRAC.

Since IRAC structure is a natural approach to express and defend prediction, predictive legal writing employs it. Because of this, when reading an intraoffice legal paper, attorneys have come to expect that format. It will confuse the reader if the document does not follow that structure for no apparent reason.

The IRAC method is the standard of legal writing. It stands for Issue, Rule, Analysis, and Conclusion. The method allows you to clearly state the issue at hand, identify the relevant rule or rules, analyze how those rules apply to the facts of your case, and reach a conclusion based on your analysis.

Legal writing is complicated because it often requires you to discuss complex issues that are governed by multiple rules. The IRAC method helps to simplify those issues by breaking them down into manageable parts.

When you use the IRAC method, you first state the issue or question that you are addressing. You then identify the relevant rule or rules that govern that issue. Next, you analyze how those rules apply to the facts of your case. Finally, you reach a conclusion based on your analysis.

The IRAC method is helpful because it forces you to think through the issue and identify all of the relevant rules. It also helps to organize your thoughts and present them in a logical manner.

When you use the IRAC method, you must be careful not to oversimplify the issue or ignore any relevant rules. If you do so, your analysis will be inaccurate and your conclusion will be wrong.

The best way to avoid these mistakes is to take the time to fully understand the issue before you begin writing. Once you have a good understanding of the issue, you can then identify all of the relevant rules and analyze how they apply to the facts of your case.

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