Legal Analysis IRAC

1. Legal AnalysisIRAC Phillips

2. Legal Analysis & Research Main objective is to analyze a factual situation presented by a client and determine: 1. What is the legal issue (question) raised 2. What law governs the legal issue 3. How the law that governs the issue applies to the facts of the case – and what remedies are available.

3. 4-Step Analysis Process ISSUE – Identification of the legal issue (question of law) RULE – Identification of the law that governs the legal issue ANALYSIS – Determination of how the rule of law applies to the legal issue CONCLUSION – Summary of the results; determine remedies if any

4. No! Not this Iraq…

6. ISSUE

7. Question of Fact v. Question of Law • Aquestion of law(also known as a legal issue) is a question which must be answered by applying relevant legal principles, by an interpretation of the law. • Aquestion of fact, which must be answered by reference to facts and evidence and inferences arising from those facts.

8. To illustrate the difference: Question of fact: Did Mr. and Mrs. Jones leave their 10 year-old child home alone with their baby for 4 days? Question of law: Does leaving a baby with a 10-year old child for 4 days fit the legal definition of child neglect?

9. Rule

10. Analysis

12. Analysis Chart

13. Conclusion

14. things to remember

15. Let’s Try it Out Mr. Hopkins walks out of Farm Fresh and finds Mr. Hodges yelling at Mr. Freeman. Mr. Hopkins begins taunting Mr. Hodges, encouraging him to hit Mr. Freeman. Eventually Mr. Hodges strikes Mr. Freeman, and the police are called to break up the fight. Mr. Freeman has asked you to represent him against Mr. Hopkins.

16. KEY FACTS? Mr. Hodges is yelling at Mr. Freeman in the parking lot of Farm Fresh Mr. Hopkins is present at the scene and encourages Mr. Hodges to hit Mr. Freeman Mr. Hodges strikes Mr. Freeman

17. Preliminary Research Battery – Crimes against persons Battery – contact with another in a manner likely to cause bodily harm Battery generally requires: An offensive touching or contact is made upon the victim, instigated by the actor OR The actor intends or knows that his action will cause the offensive touching

18. ISSUE Is a battery committed by an individual present at the scene of a battery, who encourages others to commit the battery but does not actively participate in the actual battery of a victim.

19. Rule VA Code Battery: Battery exists when The actor intends or knows that his action will cause the offensive touching

20. Analysis

21. Conclusion How would you write this? Remember – Predict the court’s action

22. PRACTICE WITH YOUR HYPOTHETICAL

23. ANSWER

24. Authority • Statutes: • Case Law: