only Business law

IRAC

ISSUE	-> What facts and circumstances brought these parties to court?
RULE	-> What is the governing law for the issue?
APPLICATION	-> How does the rule apply to these unique facts?
CONCLUSION	-> How does the court's holding.

What is it?

· Issue, Rule, Analysis/Application, Conclusion

· Method for organizing legal analysis so that you can follow the legal argument

· Especially helpful in reading the cases and studying for the exams

How to do it?

Remember that all written decisions (common law) are written by an appellate or supreme court, not by the trial court. The trial court deals with the entire case. The higher courts only consider an error or errors that were made in the trial court at any stage from the first filing the lawsuit to the judgment by the jury.

Issue

"The facts of a case suggest an Issue."

· First state the question or problem that the court is trying to answer (what might bring the parties into court). This can be in the form of a question or a statement. Examples:

· “Does the trial court have jurisdiction over the defendant?”

· “Did the trial court apply the contempt order correctly?”

· Reading the last few sentences of the case may have the issue stated.

Rule

Simply put, the rule is the law. The rule could be common law that was developed by the courts or a law that was passed by the legislature.

· State the rule or legal principle. This may take the form of stating the elements required for a prima facie case.

· If the issue is about jurisdiction, you will have to state the law on jurisdiction; if it is contempt, the rule on how one can be held in contempt.

· Focus your rule statement on the part of the rule or element that is at issue.

· “A contempt order is proper when one does not obey a court order to speak when there is no 5th amendment right to refuse to speak.”

Analysis/Application

· This is where you state the facts and explain how the court arrived at its conclusion. You may cite cases used, discuss policy implications, and the opinions of the lower court (trial court).

· Make sure that you see both sides of the argument. Remember that there are two attorneys arguing and that both sides of good arguments that they believe will be the winning argument.

Conclusion

This is the decision of the appellate or supreme court. It is the answer to the issue. This also becomes the law – common law. Now when look at a new case, this decision may be cited.

Exercise: Apply this to all the cases in the reading assignments so you may participate in class.