IRAC
Issue – State the issue. Then, in addressing any legal issue, always take a position.
Rule
Application – Summarize the elements of the rule that are easily satisfied by the
facts before going on to the sticking points on which the issue turns.
There are four major types of analysis in applying a rule to a situation.
1) Reasoning by analogy: Case law suggests that these facts would/would not
satisfy the element.
2) Balancing Test: The following factors weigh in determining whether the
element is satisfied.
3) Judicial Test: Courts have applied the following test to prove whether the
element is satisfied.
4) Policy: The underlying policy of the rule is/is not furthered by its application
in this scenario. (Cite policy)
Some Common Public Policies
a) Equity: This is the moralistic argument that we want to cure harms to
an injured party and deter bad behavior.
b) Economic Efficiency: This policy suggests that all rules be based on a
cost-benefit analysis. Society has to have some losses in order to
make gains.
c) Predictability: Is the rule fashioned in such a way that it lends
certainty to the judicial process? Everyone knows that there is a
bright line rule. This sort of rule also lends administrative efficiency
to the court such that balancing tests are not used.
Conclusion – Know the audience to whom the conclusion is directed. Your client
will probably look for a definite answer. Your scholarly colleagues will probably
look for a sophisticated answer. The court to which you submit your briefs and oral
arguments will look for a conclusion they can use and apply to other cases.
(i.e.) A court would probably hold as follows…. OR A probable result would
be…. OR Given the facts, it is highly likely that….
An example from the issue of assent in contracts. (from Charles H. Whitebread)
The next issue is assent. [Rule] People have to nod their heads [I know it’s
silly, but so what?] [Application] There was a lot of head nodding here; both A and
B nodded early and often. [Conclusion] There was probably sufficient head nodding
to constitute the required assent.
Facts:
An old man who is very ill and near death makes an oral contract with his
nephew. The terms of the contract are that the uncle will immediately give his
nephew all of his life savings - $100,000 - in return for the nephew's promise to
provide food and shelter for the old man until the man dies. The nephew takes the
money and supports the old man at a cost of $10,000 a year. The old man lives
longer than expected and is still alive after fifteen years, at which point the
nephew cuts the old man off without further support.
A contract must be in writing if it is not possible to perform the contract within
one year. - Statute of Frauds
Issue:
Is an oral contract valid after fifteen years?
Note that the issue is stated in the form of a question and uses key facts to
illustrate the problem. Don't be alarmed if you didn't see the issue right away. By
reading case law in contracts, you will learn that these sorts of factual situations
give rise to issues surrounding whether a contract is valid.
Rule:
A contract must be in writing if it is not possible to perform the contract within
one year. - Statute of Frauds
The issue immediately triggers the appropriate rule. Again, the appropriate rules
are something that you will learn in your first year of contract law.
Analysis:
The Statute of Frauds does not state that the contract must be performed within
one year. It only states that it must be possible to complete the contract within a
year. Since a very ill, old man could have died within one year, it is possible that
the contract could have been completed.
This analysis shows how closely you must pay attention to the wording of a rule.
The words "not possible" indicate that a remote possibility of being able to
complete the contract means the rule does not apply.
Conclusion:
The Statute of Frauds probably does not apply in these circumstances, and the oral
contract is not invalid even though it was not completed within one year.
Conclusions should be short and put in terms of a probability