Organizing Your Legal Analysis

1. Organizing Your Legal Analysis Using I.R.A.C. Issue Rule Application Conclusion

2. 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 . . .

3. I.R.A.C. • Issue • Rule • Application • Conclusion But why use I.R.A.C.? Because of the Power of the Duck!

4. The Forms of Arguments: • Reasoning by analogy • Factor Analysis • Generalizations • The Deductive Argument What are the implicit limitations of these kinds arguments?

5. The DeductiveEntailment • 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.

6. A Classic Example of the Deductive Argument is called the Syllogism All legal writing teachers are mortal Powell is a legal writing teacher Therefore, Powell is mortal Major Premise Minor Premise Conclusion • A=B, B=C, A=C • The Transitivity Principle

7. The Legal Syllogism [statute] [holding from a single case] Major Premise [Legal rule] [principle derived from a series of cases] Minor Premise [Set of facts in your dispute] Conclusion [Your determination of whether the facts satisfy the legal rule]

8. Whether the contract entered into betweenHawkins and McGee was enforceable. • To be enforceable, a contract must be supported by consideration. Major Premise Minor Premise 2. The contract between Hawkins and McGee was supported by consideration. 3. Therefore, the contract between Hawkins and McGee was enforceable. Conclusion

9. IRAC • IRAC is also an organizational device to guide to your writing. • In a written analysis you should: • Issue: • Rule: • Application: • Conclusion: Identify the issue State rules in rule sentences or case discussions. Apply the rule to the relevant facts Conclude whether the facts satisfy the legal rule

10. Issue Rule Application Conclusion Identifying Issues • I is for Identifying the IssueOr 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.

11. 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.

12. 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?

13. 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?

14. 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 andintrinsic danger AND • 2) By considering accessibility of the tool/object.

15. 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.

16. 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.

17. 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.

18. 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 notcommonly used as a weapon”?

19. 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] [Your determination of whether the facts satisfy the legal rule] Conclusion Now we’re trying to figure out whether the facts in our dispute satisfy the legal rule.

20. 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

21. Obvious and Intrinsic Danger

22. Accessibility

23. 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.

24. 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.

25. 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”).

26. 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?