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MKU Legal Research & Writing - Applying Law To Legal Problems

The document discusses using the IRAC method to analyze legal problems. It defines IRAC as Issue, Rule, Application, Conclusion. It explains each step in detail and common mistakes to avoid when using this method, such as stating a conclusion without fully analyzing the facts against the legal rules.

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200 views4 pages

MKU Legal Research & Writing - Applying Law To Legal Problems

The document discusses using the IRAC method to analyze legal problems. It defines IRAC as Issue, Rule, Application, Conclusion. It explains each step in detail and common mistakes to avoid when using this method, such as stating a conclusion without fully analyzing the facts against the legal rules.

Uploaded by

wanjiruirene3854
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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SCHOOL OF LAW, DEPARTMENT OF PUBLIC LAW

PARKLANDS LAW CAMPUS


BLAW 1101: LEGAL RESEARCH & WRITING MODULE

WEEK 7: APPLYING THE LAW TO LEGAL PROBLEMS

Objectives of this topic:

To demonstrate how to recognize legal issues presented in factual situations and how to apply legal
rules to resolve legal problems.

Expected outcome of the topic

By the end of this topic, you should be able to:

Identify and articulate the legal issues presented in a factual situation; &
Identify and apply the relevant legal rules, principles and exceptions to reach appropriate legal
conclusions.

Content

7.1 Introduction to legal problem solving


7.2 Using IRAC approach to legal analysis
 Defining the issue
 Locating the rule
 Applying that rule (legal analysis)
 Stating the conclusion
 Common mistakes

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7.1 Introduction to legal problem solving

Legal problem solving can be defined as identifying and diagnosing problems and generating
strategies and tactics to achieve client objectives. It is a legally trained person’s most basic function.
Most legal problem solving activity involves some legal analysis. Legal analysis is seen as the
combining of law and facts to generate, justify, and assess a legal problem’s merits. It is the link
between legal research and legal writing. It is the art of lawyering.

Lawyers use different approaches or processes to think about any legal problem. These approaches
to legal analysis include IRAC (Issue, Rule, Application, Conclusion), CRAC (Conclusion, Rule,
Application, Conclusion), or CREAC (Conclusion, Rule, Explanation, Application, Conclusion),
IDAC (Issues, Doctrine, Application, Result).

The analysis of the problem itself, however, precedes analysis of the applicable law. In the
most elementary sense, the analysis of a legal problem has to do with taking the problem
apart. To be able to solve a legal problem, it is necessary to break the problem up into
smaller parts and then to determine its complexity and dimensions.

Tracy Humby and Others, Introduction to Law and Legal Skills In South Africa (Oxford University Press
Southern Africa 2012) page 351

Test your understanding

What other approaches to legal analysis do you know?

7.2 Using IRAC approach to legal analysis

This approach allows you to reduce the complexities of the law to a simple equation.

I = Issue
What facts and circumstances brought these parties to court?

R = Rule
What is the governing law for the issue?

A = Application
Does the rule apply to these unique facts?

C = Conclusion
How do you conclude the problem?
Page | 2
 Defining the issue

This involves identifying the legal issues to be resolved. The key to issue spotting is being able to
identify which facts raise which issues. The facts of a case suggest an issue. One must look at the
key facts from the scenario/ case to that the issue is specific to the case. Remember to look out for
the parties involved in the problem, the subject matter, the cause of action or ground of defence,
relief sought and the place where the act or event occurred.

Questions to consider

 What facts and circumstances are the parties disputing?

 Are there keywords in the facts that suggest an issue?

 Locating the rule


This entails coming up with a legal position based on legal rules. Simply put, the rule is the law.
Thus, this step requires one to identify and interpret statutes and other rules. This is done by
selecting the relevant principles and rules that are likely to be applicable to the facts of a legal
problem. Next, one examines the law carefully to determine its meaning in relation to the facts of
the problem.

Questions to consider:

What are the elements that prove the rule?

What are the exceptions to the rule?

From what authority/rule does it come?

 Applying that rule (legal analysis)

One needs to compare the facts to the rule to form the analysis. In this step, the legal rules and
principles are applied to the facts. For every relevant fact, you need to ask whether the fact helps to
prove or disprove the rule. One should provide reasons why the rules do or do not apply to the
facts. If a rule requires that a certain circumstance is present in order for the rule to apply, then the
absence of that circumstance helps you reach the conclusion that the rule does not apply.

Questions to consider:

Which facts help prove which elements of the rule?

Why are certain facts relevant?

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How do these facts satisfy this rule?

What types of facts are applied to the rule?

 Stating the conclusion

This involves drawing a conclusion from the analysis as to whether the rule applies to the facts. It is
in this step where you support your proposed conclusion with arguments based on the applicable
law.

Question to consider

Do the facts satisfy the requirements of the rule?

 Common mistakes
These include:
 One spotting the issue and just reciting the rule of law without analysis.
 Concluding something without having basis for the opinion. That is one spots the issue,
states the rule and then forms a conclusion without doing the analysis.

This topic in essence

IRAC legal analysis approach involves:


 Issue – identify the legal issues involved
 Rule – State succinctly, but accurately, the applicable rule (s)
 Application – Apply the legal rules (s) to the facts of the problem
 Conclusion – conclude the problem.

General discussion question


Queen, a 28 – year – old Kenyan was strolling in town last week. She decided to purchase the
‘Today’, a local daily newspaper. Upon perusing the paper, she saw a job advertisement from Taraji
Limited. This local business was informing all interested parties that there was a vacancy for a
human resource manager and it invited applications from individuals holding a Masters degree in
human resource management. Queen has those qualifications and she immediately sent out her
application. Now, she believes because she has done as required, Taraji Limited is bound to
employ her because they offered her a job. Did Taraji Limited make an offer to Queen? (Use
IRAC to come up with your answer.

Page | 4

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