Get the facts Essay

Published: 2020-04-22 15:25:15
337 words
2 pages
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essay essay

Category: Common law

Type of paper: Essay

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Step 1: The facts of a case suggest an Issue.

What facts and circumstances brought these parties to court? Are there buzzwords in the facts that suggest an issue? Is the court deciding a question of fact i.e. the parties are in dispute over what happened or is it a question of law i.e. the court is unsure which rule to apply to these facts? What are the non-issues? Identify the rule

The legal issue would not exist unless some event occurred. The issue mechanically determines what rule is applied.

Step 2: The issue is governed by a Rule of law.

First, solve the IRAC Triad

What are the elements that prove the rule? What are the exceptions to the rule? From what authority does it come? Common law, statute , new rule? Whats the underlying public policy behind the rule? Are there social considerations? Which facts help prove which elements of the rule? Why are certain facts relevant?

Shortcuts analyzing cases using the IRAC method Eric Mack 11/27/2005 www.EricMackOnline.com

Step 3: Compare the facts to the rule to form the Analysis .

How do these facts satisfy this rule? What types of facts are applied to the rule? How do these facts further the public policy underlying Whats the counter-argument for another solution? Do the facts satisfy the requirements of the rule?

1. Issue

What facts and circumstances brought these parties to court? The facts of a case suggest an Issue. The issue is covered by a Rule of law. What is the governing law for the issue? Compare the facts to the rule to form the Analysis. Does the rule apply to these unique facts? From the analysis you come to a Conclusion as to whether the rule applies to the facts. How does the courts holding modify the rule of law?

2. Rule

Step two: Now, rewrite in IRAC format:

3. Analysis

4. Conclusion

I created this chart from information found on the Law Nerds web site. Other than the layout, these works are not my own.

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