Organizing Your
Legal Analysis
Using I.R.A.C.
Issue
Rule
Application
Conclusion
The Legal Method

Remember on the first day of class, I told you that there is
a method for thinking and writing like a lawyer.

And that while content is also important, the legal method
is equally if not more important.

The acronym representing this legal method is . . .
I.R.A.C.
 Issue
 Rule
 Application
 Conclusion
Because of the Power of the Duck !
But why use I.R.A.C.?
The Forms of Arguments:
Reasoning by analogy
 Factor Analysis
 Generalizations
 The Deductive Argument

What are the implicit limitations
of these kinds arguments?
The Deductive
Entailment

The deductive argument is the most complete relationship of
logical support.

A deductive argument is valid or logically sound because its
conclusion follows directly from its premises.

The only way to attack a deductive argument is by challenging
the premises.
A Classic Example of the Deductive
Argument is called the Syllogism
Major Premise
All legal writing teachers are mortal
Minor Premise
Powell is a legal writing teacher
Conclusion
Therefore, Powell is mortal
A=B, B=C, A=C
The Transitivity Principle
The Legal Syllogism
[statute]
[holding from a single case]
[principle derived from a
series of cases]
Major Premise
[Legal rule]
Minor Premise
[Set of facts in your dispute]
Conclusion
[Your determination of
whether the facts satisfy
the legal rule]
Whether the contract entered into between
Hawkins and McGee was enforceable.
Major Premise
Minor Premise
Conclusion
1.
To be enforceable, a contract must be supported
by consideration.
2. The contract between Hawkins and McGee
was supported by consideration.
3. Therefore, the contract between
Hawkins and McGee was enforceable.
IRAC

IRAC is also an organizational
device to guide to your writing.

In a written analysis you should:
 Issue:
Identify the issue
 Rule:
State rules in rule sentences or case discussions.
 Application: Apply the rule to the relevant facts
 Conclusion: Conclude whether the facts satisfy the legal rule
Issue
Rule
Application
Conclusion
Identifying Issues

I is for Identifying the Issue
Or you can provide a short conclusion of the problem (CRAC).


This is an introduction which briefs the reader on the precise issue
which you are about to discuss.

Typically, this introduction will take one or two sentences.
We will return to the legal issue in Exercise 2-H(1) because sometime it is
easier to state the issue more precisely AFTER identifying the rule of law.
Issue
Rule
Application
Conclusion
Rule Identification
Inform the reader of the pertinent law to the client’s situation in
accordance with weight of authority.
From where might the rule of law be derived?
Choosing the Source
Favor primary (statutes, cases, regs, cases, etc.) and mandatory authority.
Favor cases from higher courts.
Favor factually and legally similar cases.
Rule/Issue Identification

From where was the rule of law derived in Exercise 2-H(1)?

What is the rule of law in Smith v. Allen?

Now, what is the issue in your case?

Whether Peterson, the father, created an unreasonable/
forseeable risk by leaving his tools in the basement.

But what is an unreasonable risk?
Analyzing Legal Rules

What did I tell you the answer is to every
question in law school?

Upon what did our prediction depend when we
were deciding whether the green apple went
inside or outside the basket?
Analyzing Legal Rules

Upon what will you prediction depend upon in determining
whether a risk is unreasonable/ forseeable? (i.e. What
analytical categories will the court use?)

1) By examining the tool/object for its obvious and intrinsic
danger AND

2) By considering accessibility of the tool/object.
Issue
Rule
Application
Conclusion
Drafting the Rules Section

What should be in your rules section?

Remember! when the rule is derived from a case:
 and the facts are important, use a case discussion.
 and the facts are unimportant, prepare a rule sentence.

Remember! when the rule is derived from a statute, quote the
statute and list the elements
You will often use both rule sentences and
case discussions in your rules section.
Issue
Rule
Application
Conclusion
Case Discussions

1) Introduce the case and set the stage by giving a
sentence or two of the relevant facts:

In Smith v. Allen, [cite], a father left a golf club lying
on the ground in his backyard, accessible to where
children played. His son swung the club and accidentally
injured a playmate. The injured child sued the father
alleging that he failed in his duty to protect the children
from unreasonable risks.
Issue
Rule
Application
Conclusion
Case Discussions

2) Give the court’s holding:

The court held that the father was not negligent for failing
to protect the plaintiff from an unreasonable risk.
Issue
Rule
Application
Conclusion
Case Discussions

3) Give helpful reasoning:

Even though the golf club was easily accessible to children, it was not
an intrinsically or obviously dangerous tool. Id. at [point cite].

What do you think of the court’s statement in Smith v. Allen that . . .
“Unlike a knife, for example, [a golf club] is not
commonly used as a weapon”?
Issue
Rule
Application
Conclusion
Applying Rules to Facts

Recall the form of the
legal syllogism:
Major Premise
[Legal rule]
Minor Premise
[Set of facts in your dispute]
Conclusion
[Your determination of
whether the facts satisfy
the legal rule]
Now we’re trying to figure out whether the facts in our dispute
satisfy the legal rule.
Drafting the Application Section

Most of the time, it will not be enough to identify the rule of
law from cases and then apply the rule to your case. Using
the court’s rule/analytical categories, you must

draw links between the law and facts and

point out relevant similarities and relevant distinctions with
precedent cases.

This is called reasoning by analogy
Obvious and Intrinsic Danger
Accessibility
Issue
Rule
Application
Conclusion
Patterns in Applying Rules

Remember, rule sentences, case discussions of precedent
cases and statutory rule paragraphs all go in the rule section.

Analyze the facts in terms of the rule’s analytical categories.
(Fruit analogy)

Counter-arguments go at the end of the respective
application section.

If you have sub-issues, or elements of a rule, you will use
IRAC to discuss and apply each of those as well.
Applying Facts to
Statutory Elements
If your problem involves a statute be sure to :

make references to important words in the statute;

dispose of or discuss separately the application of the
facts to each element in the statute;

and also discuss any relevant counter-arguments or
policy considerations.
Issue
Rule
Application
Conclusion
Drafting the Conclusion

Conclude whether the facts satisfy the rule.

The conclusion is grounded in prior
analysis of law, precedent and facts.

Take positions on all issues.
Contingent conclusions are fine (“likely”).
Drafting the Conclusion

The Court will likely find . . .

Compared with the golf club, is the
hammer an obvious and intrinsic danger?

Compared with the club in the backyard
was the hammer accessible?

Did Peterson create an unreasonable risk
by leaving the tools in his basement?