BTF1010 BUSINESS LAW ‐ IRAC FRAMEWORK IN A NUTSHELL
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BTF1010 BUSINESS LAW ‐ IRAC FRAMEWORK IN A NUTSHELL
The IRAC framework for legal problem solving is discussed in detail in the week 3 tutorials. If you have any questions, please see your tutor during their student consultation time.
I = ISSUE – Identify the legal issue that arises from the facts. What is in dispute? In your initial answer plan, identify all legal issues that arise. There may be an overall issue and several sub‐issues. In your answer, deal with one issue at a time and discuss fully before moving on to the next issue.
R = RULE (LAW) – Identify and explain the relevant legal principles or tests that apply to the issue. Ensure you include the source/cite your authority – ie. case or section of legislation, or you may need to refer to both legislation and cases.
A = APPLICATION – Apply the law to the specific facts of the legal problem. Analyse and explain, ensuring you consider all legal elements and whether these are met based on the facts. Evaluate arguments that may be made for or against a position. This step may be condensed with “R”, but it is
essential to apply the law to the facts and demonstrate how the law works in relation to the particular problem. Do not simply state what the law says – you need to go further than this. Application of the law is very important and shows your conceptual understanding. Stating “this law clearly applies to the facts here” or “the law is clearly satisfied here” without any explanation or analysis is not sufficient.
C = CONCLUSION – Reach a conclusion as to the likely legal outcome for the issue. What is the result of your analysis?
REPEAT the steps for each issue that arises on the facts in the legal problem. At the end of your answer, reach an overall conclusion with an assessment of the likely outcome of the legal action. Your answer should also begin with a brief introduction.
IRAC is a guiding framework, not a magical template! Develop the confidence to express your answer in your own voice. Presenting a clear, well‐ reasoned argument, based on sound legal principles is what is most important. See further details regarding your in‐class tests in the assessment instructions. Note: You must write in full sentences and paragraphs.
A Legal Reasoning Grid based on IRAC is set out on the next page. There is also a “Guide to Answering A Legal Problem Question – Ben v Hardly
Normal” on Moodle. See also the writing tips in CACL (pp.xxxvii‐xliii), the “Answering Problem Based Questions in Law” FAQ’s on Moodle, and section 5.7 of the Q Manual (“Writing for Business Law”), as well as the Skills Development workshops.
Legal Reasoning Grid based on IRAC1
Issue |
Rule |
Application |
Conclusion |
o Frame the legal issues in the factual problem as questions using material facts, party names and elements of the relevant rules of law. |
o Break down the relevant rules of law into elements. The elements are the criteria to consider in determining the outcome of the dispute. What does the plaintiff need to satisfy to succeed? If there is a defence, what are the elements the defendant needs to establish? o Include definitions from statute and case law. o Include the facts of cases that are similar to the factual problem ‐ IF these are critical to the legal outcome, and only focus concisely on key facts. Do NOT include a summary of all of the facts of relevant cases. Focus on the legal argument or analysis. Indicate why you are referring to the case ie. as the source of a legal rule and/or as a case comparison, which illustrates how the rule has been applied and supports your argument. |
o Make a linkage between the elements of the law and the factual problem. o Make analogies between the factual problem and the case law. o Distinguish the factual problem from the case law. (If distinguishable ‐ depends on the facts in the legal problem) o Make assumptions clear. (If any) o Identify additional facts required. (If any ‐ and explain why that information is needed and what impact it has on the outcome) |
o Reach a convincing conclusion on all of the legal issues in the factual problem based on strong support from statute and case law. o Justify why alternative conclusions were not reached. |
2023-08-15