Just like the way language academicians and writers
have developed the Writing Process to ease the development of texts Lawyers
have also adopted a little sophisticated but effective technique that they use to establish legal stances in scenarios which is IRAC. Patrick Kessen created
IRAC in his book (Legal problem-solving in 1994). Mostly for students, IRAC is
used in problem questions. Problem questions are questions based on
hypothetical scenarios.
IRAC is a writing technique that sets an ideal
framework for outlining legal problems. IRAC is an acronym, the letters stand
for:
IRAC
I-
Issues
R-
Rules
A-
Analysis
C-
Conclusion
ISSUES
(Facts + Relevant law)
The issues emanate from the facts in the case or in
the problem question. The issues are usually written in the form of inquiries or
questions solely focused on what your discussion is about, specifically what is
relevant.
RULES
(Primary Legal Authority)
The rules are the legal principles classified as general rules that apply to the issues precisely.
ANALYSIS
(Reasoning Process)
The analysis is where one applies the Rules to the
Fact to build an argument that infers whether or not a client is guilty.
CONCLUSION
(Outcome)
The conclusion states the outcomes of your analysis.
Mainly or solely the legal consequences.
An important thing to note is that you derive the
facts from the Case or Problem questions. In some situations, they expect you
to single out the facts before proceeding with IRAC but in some other
cases, there is no need to draw out the facts from the case or Problem questions.
For clarity’s sake, here is an illustration:
AN ILLUSTRATION OF IRAC
Facts
Njovu is an upcoming Jarabo in Ndola. On the 10th of April 2022, Njovu got arrested by Constable Paul Chali And he is in Police custody. It is alleged that on the 1st of April 2022, a laptop, external hard disk and iPad were reported missing from Musonda Kaputo's Resident, valued at about K50,000.00. Constable Paul Chali discovered at Njovu's residence these items on the 10th of April 2022. Musonda Kaputo was well and able to identify the items as they still had his personal login credentials on all of them.
This is a problem question and we need to advise Njovu on this situation using the IRAC method thus we progress as follows:
This piece of writing is focused on advising Njovu on the legal issues that arise from his situation with the support of legal authorities. (Introduction)
The issue is whether Njovu will be charged with the offense of theft of the items that were found in his possession and in his residence. (Issue) Section 264 of the Penal Code Act Chapter 87 of the Laws of Zambia provides for things capable of being stolen that is “Every inanimate thing whatever which is the property of any person, and which is movable, is capable of being stolen.” Section 265 (1) of the same Act provides that the offence of theft is committed “when a person who fraudulently and without claim of right takes anything capable of being stolen, or fraudulent coverts to the use of any person other than the general or special owner thereof anything capable of being stolen, is said to steal that thing.”(Legal Authority) The laptop, external hard drive and iPad were inanimate things that are capable of being stolen as defined in section 264 of the Penal Code. Njovu fraudulently and without right took Musonda Kaputo's items without claim of right over them, which is contrary to section 265(1) of the Penal Code. (Analysis) Therefore, Njovu is potentially liable for the charge of theft as necessitated by the Penal Code Act. (Conclusion)
NB: The words in bold green are for installation purposes only don't include them in your solutions. if there is more than issue that arises from the facts which is usually the case tackle every issue the same way and finally establish a general conclusion. The type of referencing is also usually OSCOLA (click to download it)
Adapted from:
The School of Law (No date) The IRAC Method, The
University of Zambia. [PDF] Retrieved from here
The School of Law (no date) Student Survival Guide, The University
of Lusaka. [PDF] Retrieved from here
Garland, M. (Aug 13, 2018) IRAC Explained. Retrieved
from https://www.youtube.com/watch?v=A2DJFcIE4HM&t=29s
Recommended video here