Legal Analysis The Art of Analyzing a Client’s Case (How Lawyers Think, Talk & Write) IRAC ISSUE: RULE: ANALYSIS: CONCLUSION: F - IRAC • Facts are the prelude: • • • • Who are the plaintiff(s) Who are the defendant(s) What events led to the law suit? Be brief but complete. • What you write for facts will be the basis for what you legal analysis ISSUE ISSUE = Issue Statement • It is always written in the form of a question ISSUE: • Connects a person, place, or action to legal issue. • Example: 1. Did John violate California’s Vehicle Code when he ran the red light? • • • • Identifies the person (John) Identifies place (California) Identifies action (ran red light) Identifies law (California Vehicle Code 2. Whether John violated the California Vehicle Code? • Left out action (ran red light) Dos & Don’ts Dos 1. Always label issue ---ISSUE: • ALL CAPS • Underlined/Bold • Colon: 2. Ask the question directly: • Did, Was, Whether, When • Keep issue to one sentence • Use multiple issue statements (questions) if more than one issue exists Dos & Don’ts continued Don’ts 1. Don’t start with, “the issue is when…” 2. Don’t use the compound Question form of “Whether or not…” RULE comes next….. General Rule = • A statement of the law often found in • Statute or • Case Law General Rule of Red Lights All vehicles are required to come to a stop at a red light. Rules Have Elements Elements are like the hash marks of a they help define the meaning of the rule. ruler, • They may be stated in the code or • They may be developed by common law (precedence), administrative law or executive orders Red Light Rule With Elements • All vehicles are required to come to a stop at a red light. • vehicles must stop behind the pedestrian cross walk if a cross walk exits. (Code based element) • To be considered stopped there must be no forward movement for 30 seconds. (Common law based element) Rules Might Have Defenses: Defenses have been established by code or precedence to provide an exception to the rule. Defense to the Red Light Rule: • Emergency vehicles do not have to stop at red lights for 30 seconds. • If you are blocking an emergency vehicle you may proceed with caution across intersection. Dos & Don’ts of Rules: Dos: 1. Always label rule---RULE: • ALL CAPS • Underlined/Bold • colon: 2. State General rule First 3. Identify Elements 4. Provide Defenses Dos & Don’ts contd. Don’ts: • Argue your case in the rule • Conclude with your rule • Identify the case authority for the rule in the rule • Use facts in the rule • List elements or defenses (write in full paragraphs/sentences) ANALYSIS follows: And your chance to argue your case! Analysis is More then the Facts: Questions to Ask: • What is the relationship between the facts and the rules? • Which facts are relevant to the elements? • Are there facts that suggest a Rule defense? Tell the Story: Use the facts to tell the story of how the Rule of law, it’s elements and any possible defenses are called into action. This is where you make your case. (Argument) Dos & Don’ts of Analysis: Dos: 1. Always label rule---ANALYSIS: • ALL CAPS • Underlined/Bold • colon: 2. Start with the general rule as you analyze the facts 2. Analyze relevant rule, elements and defenses 3. Cite leading case if well known & relevant Dos & Don’ts contd. Don’ts: • List facts • Leave out elements and defenses • Draw conclusions Now, on to the CONCLUSION… Conclusions Answer the Question: The conclusion is the answer to your question asked in the issue. Dos & Don’ts of Conclusion: • Dos: 1. Always label rule---CONCLUSION: • ALL CAPS • Underlined/Bold • colon: 1. Use mirror language to your issue. 2. Incorporate a key element or defense in explanation (the why statement) Dos & Don’ts contd. • Don’ts: 1. Argue your case here 2. Introduce new rules here 3. State your opinion as to the fairness of the outcome IRAC: Love it & Live it! RULE ISSUE ANALYSIS CONCLUSION Ah, There is More! An Example of IRAC….. Red Light Woes • A prospective client sits down to meet with you and asks if she can beat a traffic ticket. She is young, afraid to tell her parents of the ticket and doesn’t want it on her record. She thinks it is unfair and is certain she was ticketed because of her red sports car, and that she was listening to her Ipod while driving. The ticket was for failing to stop at a traffic light. She admits she was “dancing to the music” and almost missed the light change. She slammed on her brakes, coming to a stop part way through the cross walk, but she did not go through the light until she heard what she thought was an emergency siren from somewhere behind her. Hearing the siren she turned right at the intersection. Based on the rule of the law how would you advise her? Red Light Woes, contd., ISSUE: Did the defendant violate the California Vehicle Code when she continued through a red light without first stopping? RULE: Moving vehicles are required to stop behind the cross walk at a red light. The vehicle must stop be stopped for 30 seconds before proceeding with a legal turn. A defense to this general rule and its element is the requirement that vehicles not block emergency vehicles and may advance or turn to avoid impeding the progress of an emergency vehicle. ANALYSIS: Defendant while driving her vehicle approached a lighted intersection. Nearly missing the change of light to red, she slammed on her brakes, stopping midway through the crosswalk. This position of her car violated the vehicle code requiring her to stop behind the crosswalk. Red Light Woes, contd. Although the Defendant claims to have heard sirens, there is no evidence of the emergency vehicle in the report, and she may well have heard the sound from music in the Ipod, so the defense of proceeding through the intersection to avoid impeding an emergency vehicle may be challenged. CONCLUSION: Defendant’s failure to stop behind the pedestrian cross walk at a red light violated the vehicle code. Jurisdiction Fact Pattern • Marya Callais, a citizen of California, was walking along a busy street in Tallahasee, Florida, where she has a vacation home, when a large crate flew off a passing truck and hit her, causing numerous injuries. Many people rushed to her aid. She was released from a Florida Hospital after having reconstructive surgery on her legs and spinal surgery due to back injuries. She returned to California for recuperation. She experienced a great deal of pain and suffering, incurred significant medical expenses and could not work for six months while she underwent extensive therapy in California. She wants to sue the trucking firm for $300,000 in damages. The defendant, Citrus Juices, Inc. is incorporated in Delaware and firm’s headquarters are in Georgia, although the company does business in Florida, and California, where they are prominent growers and packers of Oranges. Write 2 Issue statement(s) addressing the Jurisdictional questions and Venue questions for Ms. Callais to file suit in California.
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