What Is Irac? Issue, Rule, Analysis, Conclusion Method

Iracwhat Is It Issue Rule Analysis Conclusion Method For Organiz

IRAC: What is it? · Issue, Rule, Analysis, Conclusion · Method for organizing legal analysis so that the reader can follow your argument How to do it? As an example, we will look at whether someone can sue for battery as a result of inhaling second-hand smoke. The issue we will look at is whether there is contact, which is required for a battery claim. Issue · First state the question or problem that you are trying to answer (what might bring the parties into court). This can be in the form of a question or a statement depending on what your reader prefers. Examples: · “There is an issue as to whether contact occurred when the plaintiff inhaled the second-hand smoke.” · “Does contact occur when one inhales second-hand smoke created by another?” Rule · State the rule or legal principle. This may take the form of stating the elements required for a prima facie case. · “The prima facie case for battery requires the following elements: an act, intent, contact, causation, and harm.” Analysis · This is where you state your evidence and explain how you will arrive at your conclusion. You may cite other cases, discuss policy implications, and discuss (discount?) cases that run counter to your conclusion. · Make sure that you weigh both sides and make counterarguments where appropriate. · Use case law, analogizing and distinguishing, and policy (for example, the goals of tort law) to work your way to a conclusion. · “In Howe v. Ahn, the court held that noxious bus fumes inhaled by a passerby constitute harmful and offensive contact. Although the court has not extended this holding to a case involving second-hand smoke, numerous cases have likened second-hand smoke to air pollution (for example, Fox v. Abernathy). Policy considerations also favor finding contact in the present case. If one can prove harm as a result of inhaling second-hand smoke, it is better for the smoker to compensate the victim than burden the state.” Conclusion · “The court is likely to find that harmful contact occurs when a smoker releases second-hand smoke into the air and that air is inhaled by a bystander.” Exercise: Amanda has a long history of narcolepsy. She has tried all sorts of remedies from caffeine pills to doing jumping jacks every ten minutes to stay alert. After falling asleep during a law school final, she decided to see a doctor for some professional advice. The doctor prescribed “Stay Awake” medicine. The medicine seemed to work well and Amanda didn’t have any more embarrassing ‘naps’ in class. Two months later, Amanda was riding her scooter home when she fell asleep behind the handlebars. She then crashed into Felix. Felix decides to sue Amanda for negligence. What result? How to Brief a Case Using the “IRAC’ Method When briefing a case, your goal is to reduce the information from the case into a format that will provide you with a helpful reference in class and for review. Most importantly, by “briefing’ a case, you will grasp the problem the court faced (the issue); the relevant law the court used to solve it (the rule); how the court applied the rule to the facts (the application or “analysis’); and the outcome (the conclusion). You will then be ready to not only discuss the case, but to compare and contrast it to other cases involving a similar issue. Before attempting to “brief’ a case, read the case at least once. Follow the “IRAC’ method in briefing cases: Facts Write a brief summary of the facts as the court found them to be. Eliminate facts that are not relevant to the court’s analysis. For example, a business’s street address is probably not relevant to the court’s decision of the issue of whether the business that sold a defective product is liable for the resulting injuries to the plaintiff. However, suppose a customer who was assaulted as she left its store is suing the business. The customer claims that her injuries were the reasonably foreseeable result of the business’s failure to provide security patrols. If the business is located in an upscale neighborhood, then perhaps it could argue that its failure to provide security patrols is reasonable. If the business is located in a crime-ridden area, then perhaps the customer is right. Instead of including the street address in the case brief, you may want to simply describe the type of neighborhood in which it is located. (Note: the time of day would be another relevant factor in this case, among others). Procedural History What court authored the opinion: The United States Supreme Court? The California Court of Appeal? The Ninth Circuit Court of Appeals? (Hint: Check under the title of the case: The Court and year of the decision will be given). If a trial court issued the decision, is it based on a trial, or motion for summary judgment, etc.? If an appellate court issued the decision, how did the lower courts decide the case? Issue What is the question presented to the court? Usually, only one issue will be discussed, but sometimes there will be more. What are the parties fighting about, and what are they asking the court to decide? For example, in the case of the assaulted customer, the issue for a trial court to decide might be whether the business had a duty to the customer to provide security patrols. The answer to the question will help to ultimately determine * This applies to case briefs only, and not exams. Use the IRAC method in answering exams: Issue/Rule/Analysis/Conclusion. whether the business is liable for negligently failing to provide security patrols: whether the defendant owed plaintiff a duty of care, and what that duty of care is, are key issues in negligence claims. Rule(s): Determine what the relevant rules of law are that the court uses to make its decision. These rules will be identified and discussed by the court. For example, in the case of the assaulted customer, the relevant rule of law is that a property owner’s duty to prevent harm to invitees is determined by balancing the foreseeability of the harm against the burden of preventive measures. There may be more than one relevant rule of law to a case: for example, in a negligence case in which the defendant argues that the plaintiff assumed the risk of harm, the relevant rules of law could be the elements of negligence, and the definition of “assumption of risk’ as a defense. Don’t just simply list the cause of action, such as “negligence’ as a rule of law: What rule must the court apply to the facts to determine the outcome? Application/Analysis: This may be the most important portion of the brief. The court will have examined the facts in light of the rule, and probably considered all “sides’ and arguments presented to it. How courts apply the rule to the facts and analyze the case must be understood in order to properly predict outcomes in future cases involving the same issue. What does the court consider to be a relevant fact given the rule of law? How does the court interpret the rule: for example, does the court consider monetary costs of providing security patrols in weighing the burden of preventive measures? Does the court imply that if a business is in a dangerous area, then it should be willing to bear a higher cost for security? Resist the temptation to merely repeat what the court said in analyzing the facts: what does it mean to you? Summarize the court’s rationale in your own words. If you encounter a word that you do not know, use a dictionary to find its meaning. Conclusion What was the final outcome of the case? In one or two sentences, state the court’s ultimate finding. For example, “The business did not owe the assaulted customer a duty to provide security patrols.” Note: “Case briefing’ is a skill that you will develop throughout the semester. Practice will help you develop this skill. Periodically, case briefs will be collected for purposes of feedback. At any time, you may submit your case brief(s) for feedback. USING THE I-R-A-C STRUCTURE IN WRITING EXAM ANSWERS The IRAC method is a framework for organizing your answer to a business law essay question. The basic structure is: Issue, Rule, Analysis, and Conclusion. Using this simple framework for structuring your answer will ensure that you have written a complete answer. Issue Begin your answer by stating the issue presented by the essay question. Sometimes the question will provide the issue for you. If not, then ask: What is the legal question that, when answered, determines the result of the case? The issue should be stated in the form of a question in a specific, rather than general form: “Is there an agency relationship if there was no compensation paid?” would be an acceptable issue. “Will the plaintiff win?” would not be acceptable. Note that the issue may be case specific, mentioning the parties’ names and specific facts of the case. Example: “Did Jones have an agency relationship with XYZ Corp. due to his acting on behalf of XYZ and following its instructions?” The issue can encompass all cases which present a similar question. Example: “Is an agency created whenever there is an employment relationship?” Most cases present one issue. If there is more than one issue to address, then you must write a separate IRAC analysis for each issue. Rule The rule describes which law or test applies to the issue. The rule should be stated as a general principal, and not a conclusion to the particular case being briefed. Example: “An agency relationship is created when there is an agreement that the agent will act for the benefit of the principal at the principal’s decision or control regardless of whether compensation is paid” would be an acceptable rule. “The plaintiff was the defendant’s agent” would not be an acceptable rule. Do not use parties’ names or specific facts from the case. Hint: Frequently, the rule will be the definition of the principle of law applicable in the case. Example: An agent may not use or disclose confidential information acquired through the agency absent an agreement to the contrary. Analysis The analysis is the most important, and the longest, part of your answer. It involves applying the Rule to the facts of the problem or question. You should use the facts to explain how the rule leads to the conclusion. Discuss both sides of the case when possible. Important: Do not merely state a conclusion without also stating reasons for it. A conclusion without reasons or explanation means that you have not used the rule and the facts to analyze the issue. Hint: The rule can be used as a guide in your discussion. Example: Suppose the issue is whether A is an independent contractor. Using the facts of the case, explain whether or not they fit into the definition of what is an independent contractor: “In this case, A was told by the foreman what to wear, how to operate the machine, and when to report to work each day, giving her little control over the job.” If the rule is a test with multiple factors, then you must analyze each factor by pointing out how the facts do (or do not) fulfill each factor. Conclusion The conclusion is your answer to the Issue. State the result of your analysis. Examples: “Smith is liable for negligence” or “Therefore, no valid contract was formed between X and Y.” If there are multiple issues, there must be multiple conclusions as well. SAMPLE IRAC ANALYSIS Caroline was employed as a receptionist for ABC Corporation. Her desk was located at the entrance of the corporate office and her duties were to greet customers, answer telephone calls, sort mail, and respond to general requests for information about ABC. One day, while all of the managers of ABC were out of the office, a representative of XYZ Insurance Co. stopped by to solicit ABC as a new client. He told Caroline that he wanted to find out whether ABC might be interested in canceling its present employee health insurance plan and adopting a plan provided by XYZ. Although Caroline explained that none of the ABC managers were in the office, the XYZ representative nevertheless described his company’s health insurance plan in detail. When Caroline reacted by stating that XYZ’s plan sounded better than the current ABC plan, the XYZ representative immediately produced a contract for Caroline to sign. Reluctantly, Caroline signed the contract accepting the offer to adopt XYZ’s insurance plan. If XYZ seeks to enforce the contract against ABC, is ABC bound to the contract? ANSWER Whether the insurance contract is binding on ABC Corp. depends on whether A had actual or apparent authority to enter into it. Actual authority is the agent’s power or responsibility expressly or impliedly communicated by the principal to the agent. Express actual authority includes the instructions and directions from the principal, while implied actual authority is the agent’s ability to do whatever is reasonable to assume that the principal wanted the agent to do to carry out his or her express actual authority. Here, Caroline’s express authority was to answer phones, direct messages, collect and sort the daily mail, greet visitors, and schedule appointments for the company managers. Her implied authority was to do anything reasonably related to performing those duties. She was not given any express authority to sign contracts, and signing contracts was not related to or implied in her duties as a receptionist. Therefore, Caroline had no actual authority to bind ABC to the contract. Apparent authority arises when the principal’s conduct, past dealings, or communications cause a third party to reasonably believe that the agent is authorized to act or do something. In this case, ABC did not communicate to XYZ that Caroline had authority to enter into an insurance contract, and no facts suggest that ABC and XYZ had done business in the past. The nature and typical responsibilities of Caroline’s position as a receptionist does not make it reasonable for the XYZ representative to conclude that she was empowered to select and approve health insurance plans for ABC’s employees. Thus, Caroline had no apparent authority to authorize the contract. Because Caroline did not have either actual or apparent authority to sign the contract, it is not binding on ABC Corp. EXPLANATION First, the main issues to be addressed are stated. Next, the applicable rules of law or legal tests to be used in analyzing the issue are explained. The rule of law or legal test is applied to the facts. Note that the facts are not merely repeated; rather, they are linked to elements of the rule or test as evidence to explain and justify the ultimate conclusion that there is no actual authority. Conclusion as to the first issue. The general rule of law to be applied in analyzing the next issue is stated. The rule is applied to the facts. Note that the facts mentioned are those that relate to the definition of apparent authority. Conclusion for the second issue. An overall conclusion is reached as to the issue of liability.