6th Class Reading_IRAC

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Jerry wants to sue for his medical bills and loss of work after being punched by Tom without provocation
Marian is assigned to analyze Jerry's case
Marian wants to know the best way to approach a legal problem and how to analyze a client's problem effectively
The analysis of Mr. Lietel's case and Marian's questions are presented in the Application section of this chapter

The focus of this text is the process of analyzing legal questions and communicating that analysis in written form
Most cases begin with a client relating a set of factual events that they believe entitle them to legal relief
The problem may be simple or complex, and there may or may not be a legal remedy available
The object of legal analysis and research is to analyze the client's factual event and determine the legal issue, the governing law, and how it applies to the event

Legal analysis can refer to different types of analysis depending on the context
In this chapter, legal analysis refers to the process of identifying the issues presented by a client's facts and determining the applicable law and how it applies

The commonly used approach to legal analysis involves a four-step process: Issue, Rule, Application, and Conclusion (IRAC)
Preliminary preparation should be done before starting the legal analysis, including gathering all relevant facts and conducting preliminary legal research

The facts play a crucial role in the analytical process
The issue, rule, application, and conclusion steps all involve the facts of the client's case
A properly stated issue requires inclusion of the key facts

Introduction to analytical principles and the legal process
Determination of which law governs the issue is based on the applicability of the law to the facts of the client's case
- Example: Oppressive acts by a majority shareholder against minority shareholders in a closely held corporation
Analysis/application step is the process of applying the rule of law to the facts
- Example: Client ticketed for driving 65 mph in a 55-mph zone, believes speed limit was actually 65 mph
Conclusion is a summation of how the law applies to the facts

Preliminary step in the analysis process is to consider the facts of the client's case
Organize and weigh the facts, identify key facts
Preliminary research may be necessary to gain familiarity with the area of law involved
IRAC analysis: Issue, Rule, Application, Conclusion
Issue is the precise legal question raised by the facts of the dispute

Example of misidentified issue: Defective tile installation case
Multiple issues may arise in a case
- Example: Rear-end collision case with potential causes of action for negligence, civil assault, battery, and intentional infliction of emotional distress

One set of facts may raise multiple issues and causes of action
- Analyze and research each issue separately and thoroughly
- Make reference notes for information relevant to other issues and place them in a separate research file
Focus on the issues of the client's case or the issues assigned to research
- Avoid getting distracted by issues involving other parties or outside the scope of the problem

Identify the law that governs the issue
Enacted Law
- Includes constitutions, statutes, ordinances, and regulations
- Most criminal law is governed by enacted law
Case Law
- Rules and principles established by the courts
- Most tort claims are based on case law

Combination of Enacted Law and Case Law
- Some situations require both enacted law and case law
Thorough research is necessary to interpret the terms of the statute or act
Identify all additional case law that may assist in determining how the law applies to the issue

Determine how the rule of law applies to the issue
Three-part process:
1. Identify the component parts (elements) of the rule of law
2. Apply the elements of the law to the facts of the client's case
3. Consider possible counterarguments to the analysis of the issue
In-depth discussion of this step in Chapters 3 and 8
Chapter 5 addresses the role of key facts
Chapter 9 discusses counteranalysis

Identify the component parts (elements) of the rule of law
Conditions established by the rule must be met
Example: Section 93-85A of the state statute governing the execution of a will
- Elements include the testator indicating to witnesses, signing the will, witnesses signing, and presence of witnesses and testator

Apply the elements of the law to the facts of the client's case
Match the facts of the case with the elements of the statute to determine validity
Example: Valid execution of a will according to the statute
- If the will was signed by someone other than the testator and not at his specific direction, the requirement of the element may not be met
Determine how the rule applies in the client's case
- Additional research may be necessary to interpret certain terms or requirements of the rule

Analyzing eligibility for a position
- Example: An eighteen-year-old client wants to know if she can run for probate judge
- Section 34-214 of the election code states that the minimum age for candidates for probate judge is twenty-one years
- Conclusion: The client is not eligible to run
Referring to court opinions for interpretation
- Example: Defining slander as the publication of a false statement of fact that causes damages
- In the client's case, the neighbor orally communicated a false statement of fact that damaged the client
- The term "publication" is not clear from the statute alone, so case law must be referred to for interpretation
- Conclusion: If courts define publication as communication to any third person, the communication to the neighbor is slander

Considering counterarguments
- Example: In the wills example, the testator did not specifically direct a third party to sign the will, but was aware of the signing and did not object
- The counterargument is that the element of the statute allowing a third party to sign the will at the testator's specific direction was met
- Research is needed to determine if this counterargument has support in case law
- Counterarguments should be considered and addressed in the analysis process

General considerations for analyzing a legal problem
Focus is critical throughout the analytical process
Focus on the specific task assigned and analyze only the assigned issue or issues
Example: Staying focused on analyzing whether a cause of action is present for civil assault in the rear-end collision example
Focus on the facts of the client's case when identifying the issue and the rule of law
Example: Eliminating rules of law that do not apply based on the facts of the case
Stay focused when analyzing and applying the rule of law, avoiding getting sidetracked by unrelated issues in court opinions
Guidelines and principles from Chapter 8 can help in staying