Thursday, September 9, 2010

Intro to IRAC


The vast majority of your exams in law school test your ability to "think like a lawyer" - in achieving this goal, you should master the IRAC structure of legal analysis; that is a structure that lays out the "Issue, Rule, Application, Conclusion." IRAC can be an important guide for you because all professors want your exams to include well-reasoned arguments based on the analysis of the relevant issues and an application of the relevant facts. Generally, your answer will depend upon how you have articulated your understanding of the facts, recognized the issues, and explained the applicable rules - it is by this reasoning that you will reach the conclusion.

In essay exams, the fact pattern may be as short as one paragraph or as long as several pages; the question may include one, two, or multiple parties - at this point, these details don’t matter. Your job is always the same: address the question that is asked by giving an explanation of the law and the facts. Regardless of the form, each issue and sub-issue will be organized and analyzed individually; and you will be able to analyze each issue based on the relevant facts and law.

Below are a few points you should think about when writing an exam or practicing your exam writing skills with hypotheticals:

  • Begin by identifying your issue: a construction of whether [rule of law] when [relevant facts] is often useful (i.e. The issue is whether Steve committed the tort of trespass to land when he entered the neighboring plot of land to retrieve his hat.).
  • Introduce and articulate the rule: do not forget to identify the controlling body of law (i.e. Under the U.C.C. . . .), and follow a hierarchy of concepts (it is often effective to move from general to specific; make sure to include relevant legal definitions and any exceptions or exclusions, if applicable).
  • As for your application (or analysis): begin by a transitional word (here, in this case, etc.) and use the word because to link your rule to the relevant fact (i.e. liability for trespass to land occurred when Steve stepped onto his neighbor's land because he fully intended to do so.).
  • Offer a conclusion for each issue, and repeat your IRAC for each issue and sub-issue of the hypothetical or exam.

Professor Darrow-
Kleinhaus fully walks you through a successful IRAC in her book, Mastering the Law School Exam (Thomson West 2006), which can be your guide to IRAC as it further expands on the points illustrated here.

No comments:

Post a Comment