legal analysis irac
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Legal Analysis IRAC. Phillips. Legal Analysis & Research. Main objective is to analyze a factual situation presented by a client and determine: 1. What is the legal issue (question) raised 2. What law governs the legal issue - PowerPoint PPT PresentationTRANSCRIPT
Legal Analysis
IRACPhillips
Main objective is to analyze a factual situation
presented by a client and determine:1. What is the legal issue (question) raised 2. What law governs the legal issue3. How the law that governs the issue applies
to the facts of the case – and what remedies are available.
Legal Analysis & Research
ISSUE – Identification of the legal issue (question of law)
RULE – Identification of the law that governs the legal issue
ANALYSIS – Determination of how the rule of law applies to the legal issue
CONCLUSION – Summary of the results; determine remedies if any
4-Step Analysis Process
No! Not this
Iraq…
Issue
Rule
Analysis
Conclusion
Question of Law
Question of Fact
ISSUE
A question of law (also known as a legal issue) is a question which must be answered by applying relevant legal principles, by an interpretation of the law.
A question of fact, which must be answered by reference to facts and evidence and inferences arising from those facts.
Question of Fact v. Question of Law
To illustrate the difference:
Question of fact: Did Mr. and Mrs. Jones leave their 10 year-old child home alone with their baby for 4 days?
Question of law: Does leaving a baby with a 10-year old child for 4 days fit the legal definition of child neglect?
Rule of LawIdentify all applicable
law
Outline each element
Rule
Analysis/Application
Determine how the rule of law applies to the
legal issue
Consider possible counterarguments
Analysis
Elements of Rule
Fact of Case Analysis
Elements of Rule
Facts of Case
Proven True?
Analysis Chart
Summarize the results
Recap your analysis
Predict the court’s action
Conclusion
Before Analysis
•Gather all fact (KEY FACTS ONLY)•Preliminary legal research
Facts •Include all key facts in the legal issue
Issues •Separate ALL issues to analyze
things to remember
Mr. Hopkins walks out of Farm Fresh and finds Mr. Hodges yelling at Mr. Freeman. Mr. Hopkins begins taunting Mr. Hodges, encouraging him to hit Mr. Freeman. Eventually Mr. Hodges strikes Mr. Freeman, and the police are called to break up the fight. Mr. Freeman has asked you to represent him against Mr. Hopkins.
Let’s Try it Out
Mr. Hodges is yelling at Mr. Freeman in the parking lot of Farm Fresh
Mr. Hopkins is present at the scene and encourages Mr. Hodges to hit Mr. Freeman
Mr. Hodges strikes Mr. Freeman
KEY FACTS?
Battery – Crimes against persons Battery – contact with another in a manner
likely to cause bodily harmBattery generally requires:An offensive touching or contact is made
upon the victim, instigated by the actor OR
The actor intends or knows that his action will cause the offensive touching
Preliminary Research
Is a battery committed by an individual present at the scene of a battery, who encourages others to commit the battery but does not actively participate in the actual battery of a victim.
ISSUE
VA Code Battery:Battery exists when
The actor intends or knows that his action willcause the offensive touching
Rule
Elements of Rule
Facts of Case
Proven True?
The actor intends or knows
Mr. Hopkins encourages
Yes
His action Taunting Yes
Will cause offensive touching
Mr. Hodges hit Mr. Freeman
Yes
Analysis
How would you write this?
Remember – Predict the court’s action
Conclusion
PRACTICE WITH YOUR HYPOTHETICAL
Elements of Rule of common law
burglary
Facts of Case Proven True?
Breaking Forces open door with crowbar
YES
Entering Enters cabin YES
Of a dwelling Houseboat YES – If structure is used as a residence
(sleeps there regularly)
At night 12 Noon NO
With intent to commit a felony
Plan to steal expensive equipment
and pawn it
Yes
ANSWER
Statutes:
Case Law:
Authority