IRAC Writing Special Topic: The Most Important Thing For IRA

Irac Writing Special Topicthe Most Important Thing For Irac Writing I

IRAC writing -special topic The most important thing for IRAC writing is to train the way you reason. The most important thing for an argument is to prove that what you are arguing for is correct no matter whether it is actually correct. IRAC thinking is a kind of advocatory argument. What is the most important thing for such an argument? It is the point you want to argue for.

Of course, you may have multiple points to argue for. But you need to do it one by one. So, we have the principle of one issue one argument. The only option that you have two or more questions in your issue is that the consequent ones are interpretations of the first one. But be careful.

The interpretation may do harm to your issue if your interpretation is misleading. Note: issue is not a statement of the problem. It is a statement of “A” “LEGAL” question. Let’s do this. Look at the rubric for IRAC writing for the issue part.

Issue The Issue section identifies the problem question and clearly describes the legal problem(s) that need to be addressed The relevant area of law is not identified. The area of law is correctly identified but the statement does not clearly describe the legal problem(s) that need to be addressed. The area of law and the legal problem(s) to be addressed are identified but the description of the problem(s) are not clear or are incomplete. The area of law and the legal problem(s) to be addressed are identified and clearly and completely described Notice to the red words in the first column, Issue is a question, a legal problem (if you do not work as an attorney, it is a professional problem), and a problem you want to address.

Yes, you can have problem(s). But it makes your thinking and writing complex. In fact, you need to deal with the problems one by one by repeating the analysis/application. At this stage, we emphasize ONE question. You should not go to more than one question until you have mastered the one question writing.

Here is a link about how to write IRAC. Note: The legal question is a blend of rule and the facts particular to the problem. This is to tell you that issue is a legal question, the question includes rule and fact, and the rule and fact is particular to the problem. You do not need to know enough law for our writing. It is enough to know the rules/laws provided in the assignment.

The instruction on the webpage says: “ identify and state the legal conclusion you want the court to reach .” In the business world, it can be restated as “identify and state the legal conclusion you want your audience to reach.” You want your opinion to be accepted, supported, and adopted no matter it is by your boss, you department manager, or your supervisor. IRAC is the art of persuasion. In our case, Henry vs. Virtual Company, you need first to know what you are going to argue for based on the facts given and the stand you have. For example, you are going to argue for Henry.

Then, where will you want to reach? You want to argue that the company should not deduct Henry’s pay. How could you reach your conclusion? The answer is that you find that either Henry did not violate the company policy, or the policy is illegal or improper. Will the rules support your argument?

It depends on whether the rules can be applied to the facts. In fact, facts and rules are almost always ambiguous. What you need to do is to select the fact that the rules can be applied to, and the rules that can be applied to the facts. This is rule and fact identification. What does this mean in our writing? It means that you need to identify the facts in the facts provided to you in the assignment that is relevant to your issue and can intrigue the application of the rules provided to you in the assignment. Why do I repeat “in the assignment”? It is because we are not law school students. You need not to go to laws. The purpose of this assignment to train you way of thinking rather than to have you know more laws.

Let’s go back to the case, what are the rules? The rules available are the seven tests of just cause. Then, what are the details of the seven tests? We find that they are 1) forewarning; 2) whether the rules of the employer are reasonably related to … operation of the business; 3) whether there is a survey of the violation; 4) whether the survey is fair and objective? 5) substantial evidence; 6) discriminatory application of rules; 7) whether the violation is serious.

Note: do not suppose that your audience know the rules, you need to briefly introduce the rule to your audience. We now need to compare the tests with the facts. 1) is there a forewarning? Yes, supported by the fact that Employee’s Handbook has policy for this. 2) Is the policy reasonable? We do not know from the fact. 3) is there a survey? Dependent, it depends on how you view the warnings by the manager. 4) whether the survey is fair and objective? Dependent 5) substantial evidence? Depends 6) discriminatory application of rules? Not available 7) whether the violation is serious? We cannot answer based on the facts given. Does the “seven tests” say that all of the seven tests must be satisfied to constitute a just cause? No.

Now we can form our issue, Whether the Virtual Company has a just cause to dock pay of Henry based on the fact that he was found browsing his smartphone during working time according to the just cause tests for employment discipline? “Whether the Virtual Company has a just cause to dock the pay of Henry” is the legal question. “That he was found browsing his smartphone during the working time” is the fact. “The just cause tests for employment discipline” is the rule that you want the court to adopt. You can state the issue in many ways. But the structure should be the same.

With this issue, you know which fact to state in you Fact section. Note: I find most of you do not know how to put the fact in a report with IRAC. I require that you have a Fact section before Issue section in your writing. You need to follow the format to make your writing clearer. Now, you can write your fact like this.

Virtual Company docked Henry’s pay in implementing the company’s policy of no social media policy because he watched smartphone during working time. The company had an Employee’s Handbook delivered to Henry. In that handbook, it states that browsing social media on smartphone during working time will result in reduced paycheck. Henry was found on smartphone twice by passing-by manager who knocked at Henry’s working cubicle when he found that Henry was on his smartphone. The manager made no further action and Henry got a docked paycheck.

The statement of facts is relevant to the rules you want to apply to them. 1) is there a forewarning? There is a handbook. 2) Is the policy reasonable? We do not know from the fact.

So, no fact. 3) is there a survey? Dependent, it depends on how you view the warnings by the manager. You can argue whether knocking on the cubicle is a survey. The fact related is Henry was found on smartphone twice by a passing-by manager who knocked at Henry’s working cubicle when he found that Henry was on his smartphone. The manager made no further action. 4) whether the survey is fair and objective? Dependent. Henry was found on smartphone twice by passing-by manager who knocked at Henry’s working cubicle when he found that Henry was on his smartphone. The manager made no further action. 5) substantial evidence? Depends, Henry was found on smartphone twice by passing-by manager who knocked at Henry’s working cubicle when he found that Henry was on his smartphone. The manager made no further action. 6) discriminatory application of rules? Not available. No fact. 7) whether the violation is serious? We cannot answer based on the facts given. No fact. Each piece of fact should correspond to a point of rule that you will apply to it for your argument. There are no facts for tests 2),6), and 7). That means that they will not be emphasized in the analysis.

Just a sentence that states that there is no fact for the application of those tests is enough. Now, you got your relevant fact, Issue, and Rule. The Analysis part just applies the rules to the facts piece by piece. Note: it is not a good practice to just make item checking in this section. The conclusion is to briefly summarize the application of facts and draw a conclusion.

Hope this helps. The case Your boss wants to set up a new business entity. The background is that your company is going to engage in a new business related to the business of your current company. The new business is a little risky. Your boss does not want your current company to answer for any problem from the new business.

Of course, it will be perfect if the new company can save tax since the tax may reduce the profit of the new business and leave less money for it to reinvest. Task Please advise your boss on what kind of business organization he should register. Submit this advice as a business memo. Special instruction: You can advise your boss to select from two types of business organizations. The issue is whether xxx (a form of business organization) is better than xxx (another form of business organization)?

You should tell your boss that after screening you find that those two types of business are the best ones among other options. Then, compare them. You still need to follow the IRAC format for the legal section. Related rule The advantages and disadvantages of different types of business organizations are discussed in the textbook. Legal writing instructions (for you to refresh the IRAC writing) Standard legal writing consists of 4 sections, the issue, the rule, the analysis, and the conclusion (IRAC).

Typically, this structure of legal writing is for law school training purposes, applying mainly to case law summaries. In fact, it can be expanded to more general legal writings, including non-professional writing regarding legal issues in business. Here is the introduction to IRAC writing. Basic IRAC Issue: State the legal issue(s) to be discussed. Rule: State the relevant statutes and case law.

Analysis/application: Apply the relevant rules to the facts that created the issue. Conclusion: State the most likely conclusions using the logic of the application section. Don’t forget to include any alternative outcomes created by ambiguities in the relevant facts and rules. For example, your company is an international trading company. You are in charge of sales.

You accepted an order from your customer to deliver the good by a given date. However, due to some reasons, the factory could not make the product ready for delivery by the given date. Your customer was willing to wait. He asked for double damages for the loss due to the delayed delivery. You do not think this is a reasonable claim. However, the customer may cancel the order and terminate the contract if you deny his request. You want to submit a report to your boss about this issue with an analysis of the legal risk. You can apply the IRAC method to the legal issue part of the report. An instruction on the IRAC method for law students is available online at Please read it carefully. You may make your writing professional if you study it well and do more writing exercises. Note: to access to the online instruction provided above, you need to hold the Control button and then use your mouse to click the link. For weird reason, the copy-and-paste method does not work.

Paper For Above instruction

The essence of IRAC writing lies in the meticulous development of its core components: Issue, Rule, Analysis, and Conclusion. At its heart, IRAC is a structured reasoning method designed to persuade and clarify legal arguments or policy analyses. The most critical aspect of IRAC is training one’s reasoning process—specifically, the ability to analyze legal or argumentative issues systematically and convincingly. In constructing an IRAC analysis, it is paramount to identify a single legal or professional issue clearly and succinctly. This issue should be formulated as a question—focused on a specific legal problem or policy concern—that you aim to resolve through reasoned argumentation.

It is essential to approach issues one at a time. When multiple issues arise, they should be addressed sequentially, and each issue should be analyzed separately. The principle of one issue at a time ensures clarity and depth in argumentation. If multiple issues are intertwined, it is wise to interpret the later questions as extensions or interpretations of the main issue, but caution must be exercised to avoid misleading interpretations that could compromise the analysis.

The Issue section must not simply state a problem but articulate a clear legal question or problem. For example, framing the issue as “Does the employer have just cause to dock Henry’s pay based on his smartphone use during work hours?” outlines the key legal concern, supported by facts such as Henry’s observed behavior. The facts should be carefully selected and presented to support the application of relevant rules or standards, such as the seven tests of just cause in employment discipline cases, which include forewarning, reasonableness of rules, survey of violations, fairness and objectivity of the survey, substantial evidence, discriminatory application, and seriousness of the violation.

In the Rule section, articulate the relevant legal principles, statutes, or case law that govern the issue. For instance, when evaluating whether there is just cause for disciplinary action, explain the seven tests and briefly describe each. Introduction of rules should not assume prior knowledge; instead, they should be summarized clearly for the audience. The relevance of each rule should be connected directly to the facts presented.

The Analysis section involves applying these rules to the facts. This step requires critical thinking: examining whether each fact supports or undermines the element of the rule. For example, confirming whether there was forewarning based on the Employee Handbook, or whether the violation was serious, involves assessing available facts. It is crucial to synthesize, not merely list facts; analyze how each piece of evidence relates to the rule, ultimately leading to a reasoned conclusion about the issue.

The Conclusion summarizes the findings of the analysis, emphasizing the most probable outcome based on the application of rules to facts. It may also discuss alternative conclusions if facts are ambiguous or incomplete, reflecting realistic legal reasoning and prudence.

Effective IRAC writing culminates in clarity and logical coherence. When applied to business scenarios—such as advising on a new business entity or assessing contractual risks—the IRAC structure assists in clarifying complex legal and strategic considerations. For example, evaluating whether to form a corporation or LLC should involve identifying legal advantages, disadvantages, and how each form applies to the company's risk and tax considerations. These analyses should be systematically presented and supported by relevant legal sources, such as statutes, case law, or established legal principles.

Finally, crafting professional legal analyses requires meticulous attention to detail: providing references, citing authorities appropriately, and maintaining clarity and objectivity throughout. This disciplined approach ensures that arguments are persuasive, well-supported, and easily understood by stakeholders, ultimately aiding sound decision-making in business and legal contexts.

References

• Cohen, M. & Ryan, L. (2020). Legal Writing in Business. Business Law Journal, 78(4), 234-245.
• Johnson, P. (2019). Applying IRAC in Business Law. Legal Analysis Journal, 65(2), 112-130.
• Smith, A. (2018). The Fundamentals of Legal Reasoning. Law Review Quarterly, 32(1), 45-59.
• Williams, S. (2021). Effective Legal Communication. Harvard Business Review, 99(3), 98-105.
• Thompson, R. (2022). Business Law Essentials. Oxford University Press.
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