Step (1)
Issue. This involves identifying the legal issues that are raised by
the facts of the question.
Step (2)
Rule. The task here is to identify the legal rule or rules that
potentially apply to the facts.
Step (3)
Application. Here the student applies these rules to the facts of
the case to see if they fit and in the process resolve the issues.
Step (4)
Conclusion. Now the student indicates the outcome for the
parties involved. If, for example, the facts fit the legal rule, the relevant party
has a cause of action.
While methods such as IRAC dispense much good advice they nevertheless
fail to deliver a comprehensive and effective method for performing the task of
answering a problem question. There are several pervading and overlapping
reasons for this failure but the problems can be highlighted in
two
propositions. First, the order of these steps is illogical. The core tasks in their
proper order are as follows:
Step (i)
Rule. Identify the relevant legal rule (or rules).
Step (ii)
Application. Systematically apply the rule to the facts.
Step (iii)
Issues. Identify the issues of law, which should emerge when the
rule is applied to the facts. Then resolve these issues.
Step (iv)
Conclusion.
Second, the IRAC account is incomplete. This can be demonstrated by
comparing the steps in the method proposed here with the typical statement of
the IRAC steps. Some steps are omitted entirely, some steps are not fully
covered and many of the relevant techniques -
such as organising the legal
rules and interpreting law - are not explained at all or not explained properly.
Proposed Method
This chapter describes a method for answering problem questions. This
method explains the process from start to finish in a logical progression. It is
as close to algorithmic in its overall structure as can be achieved. Each step
taken properly and in its proper sequence should lead to a good and well
written answer. However, the algorithmic nature of the method cannot be fully
sustained in the actual performance of these steps since these involve
judgments and processes that are not cut and dried.
Outline
The remainder of this chapter performs the following tasks. It explains the
steps for answering a problem question. It assists students by identifying some
common errors so that they may better avoid them. It concludes by illustrating
the advice with a worked example.
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