irac legal problem solving

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Legal problem solving: Example 1 (Contract)

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Using the IRAC method in law school

Apply critical thinking to maximize your law school and bar exam scores.

1. Why use the IRAC method 2. Learn enough for exam success 3. Know what’s being tested 4. Skills to hone for legal writing 5. Read with intention 6. Think outline 7. Write with structure 8. Master the analysis

Why law students and lawyers alike use the IRAC method

In your law school classes, and eventually on the bar exam and as a practicing attorney, you will be presented with scenarios that are not cut and dry. It is your job to be able to decipher the rules of the law that apply and determine if the appropriate elements are present to resolve disputes.

The simple truth is merely memorizing the law is not enough to prepare you for cases, law school finals or passing the bar exam. Critical thinking is required. You have to actually learn and be able to apply the law when writing for exams.

While you definitely need to know a lot of rules to do well in law school and later in your legal career, it’s impossible to know all the rules of law. That’s why good legal reasoning and analysis (or the process of thinking like a lawyer) really come down to understanding the structure by which lawyers solve problems. This structure of problem-solving is known as the IRAC method — Issue, Rule, Analysis and Conclusion — and it’s what your professors and bar examiners will test you on.

The IRAC method is an efficient framework for organizing your answer to a legal essay question. But here’s the catch with using it for exam success: If you don’t know the specific rule(s) to apply to solve the problem at hand, it becomes difficult to follow IRAC.

So how do you learn enough for exam success?

For most people, rote memorization without application doesn’t last long. Learning or memorizing a ton of information without structure and without context creates a problematic environment in which to recall the rules you know and be able to apply them on exam day.

What’s important is to know enough law to figure out which facts are legally significant, and which aren’t. This requires learning three things: Rules, Elements and Stories. Start with studying the rule and the elements that make up the rule. Once you have the rule and elements down, apply a story or real scenario to the rule to solidify your knowledge and understanding.

Now you’re ready to write using the IRAC method.

Know what you’re being tested on

The idea of IRAC is that you go through an exam fact pattern, spot as many issues as you can, state the rules of law, apply the law to the facts and then arrive at a conclusion. In exam situations, this translates to:

• Issue: Your ability to figure out your client’s problem (or what problem your professor is asking you to solve).
• Rule: Your knowledge of a rule(s) that might help solve your client’s problem.
• Application (of law to facts): Your ability to determine which facts are relevant to solving the problem.
• Conclusion: How you think a court would solve the problem.

The majority of points on law school exams come from understanding or recognizing the facts and where they are derived from (steps 1 and 3). Can you figure out the problem (issue) and can you solve it by figuring out the law (which facts are actually applicable to that issue). This understanding, and showing it in a very organized manner, can be the difference between an “A” answer and anything else.

Although it’s not the only way to structure an essay answer, the IRAC method is an effective tool for organizing your thinking and your writing. It helps to ensure all the bases are covered as you learn how to respond to legal issues.

Key skills to hone for your legal writing

Your goal in mastering the use of the IRAC method is to answer essay questions in a way that demonstrates your competency to practice law in the future. This means performing a concise legal analysis for each of the small problems presented in the fact pattern. Legal writing success comes down to Reading, Thinking and Writing like a lawyer.

A good rule of thumb is to allocate a third of your time to the reading and thinking part of the learning process and two-thirds of your time writing your answer.

Read with intention

Start with the call of the question (what issue needs to be solved) prior to reading through the fact pattern. This will help you begin separating relevant from irrelevant facts. As you are reading through the question, you should always be asking yourself: Why is my professor telling me this? Is this relevant fact?

While reading through the fact pattern, make note of which facts are outcome determinative and mark or highlight them. These are the facts that will help you figure out the question — so they should go into your outline.

Think outline

Think about which rules apply to your facts and put them in an outline. Then, go back to the highlighted facts from your hypotheticals and add them to your outline. Your outline should be brief. Keep it to what rule you are going to use and what facts you are going to apply.

Important note: If you do not have facts to apply to every element of your rule, the rule shouldn’t be in your outline.

• Rule: Element 1 , Element 2 , Element 3

Write with structure

Follow the IRAC structure when you begin writing your answer unless your professor requires otherwise. Be sure to look back at the facts you didn’t use to confirm that they aren’t part of the rule. With an organized and well-thought-out approach, you will be left with plenty of time to write because you’ll know exactly where you are going with your answer (thanks to your outline). Every time you get a new rule or identify a new issue, just remember to start a new IRAC analysis.

Master the analysis to write better exam answers

You might be thinking to yourself, this all sounds good in theory but how does this system for approaching law school finals really work in practice? As you begin to write out your exam answer, we recommend you analyze each dispute or issue raised using the IRAC method as follows.

Issue Start by stating the question you plan to address in precise legal terms. Your answer should then cover all the main legal aspects of the issue in a neutral tone without being too general or oversimplified. Just remember to avoid using specific names of any parties involved or other proper nouns.

Rule Next, state the applicable law or laws. If several laws could be applicable in the case, be sure that the number of rules matches the number of issues you’ve stated. Be clear and concise when defining the relevant elements of the rule and term of art.

Application Then, apply the rules to the facts using supporting arguments. Be sure to spell out everything and include counterarguments whenever possible. This is a good place to use an Issue T to break down the problem into its component parts and as a way to remember to discuss which facts in the fact pattern either support or prevent application of the rule. Address each fact given and the logical inference to be drawn from it.

Conclusion Finally, it’s time to summarize the entirety of your findings using a clear-cut conclusion for each issue as well as the question asked. In close cases where a number of outcomes are possible, it is usually best to go with the most feasible and fair conclusion and state why it is your position. Discuss the merits of each outcome in your essay answer without considering yourself bound by the “general rule” or “majority view” (unless the question clearly calls for such). Ultimately, your conclusion should offer the expected legal ruling.

Congratulations, you’re learning to resolve disputes!

The great thing about grasping the IRAC method and the Read, Think, Write skills is that once you hone them, they will serve you well not only through the Multistate Bar Exam — no matter if the questions are multiple-choice or essay — but through your real-world practice as well. BARBRI takes those critical strategies to task in our proven, time-tested bar prep program. That’s why every single year, more students pass the bar exam with BARBRI than with all other courses. Combined.

Understand that law school finals and the bar exam are not tests of your ability to simply recite rules. Ultimately, they are given to test your ability to apply the rules to new factual situations. When you master this process, you begin to learn and recall the rules on your way to helping people resolve disputes. That’s what being a lawyer is all about.

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THE IRAC METHOD EXAMPLE

Updated: Sep 30, 2023

We write law books using the IRAC method. We deliver the content of your course in the way you are expected to answer your questions. Have a look at the work exampled below. Then have a look at both the Core books and the Q&A law books.

IRAC METHOD EXAMPLE

What is irac method.

IRAC is an acronym which stands for the “Issue, Rule, Application, Conclusion” (IRAC). You may structure your answer to any law problem question or essay topic using the IRAC method . The issue, rule, analysis, and conclusion (IRAC) make up the fundamental framework used by law students around the world. You may be confident that your answer is comprehensive if you use this straightforward approach for constructing it. Other methods exist such as Celo and the FACT LAW SANDWICH. Choose the one that works for you.

How do I use the IRAC method? There is no point in talking about applying IRAC unless we show you how it works. Let use this excerpt of a contact law, problem question, from a law past paper to show you a IRAC Method example: “Michael promises to sell his 3 year old BMW car to Chithra for £100.00 as he has recently won a new expensive car in a competition”.

IRAC METOD - ISSUE

Your answer should start by addressing the problem that is raised in the essay topic or the issue in the problem question, these are easy to spot in a problem because the facts of the cases you have studied (where the principle emerges) is to be applied will be similar to the facts in your problem scenario. Thus there are occasions when the question itself will supply the problem for you to solve. If this is not the case, the next question to ask is: What is the legal issue that, once answered, will decide the outcome of the case? It is recommended that the issue be posed in the form of a question, and that the inquiry be specific rather than generic.

How do you write a IRAC example? So using our example above the question that needs to be asked is: “Is Michael contractually obliged to provide the BMW car to Chithra for £100.00?” This is the legal issue and this is ultimately the advice Michael is looking for. We can refine that question even further to demonstrate being specific. Thus the question is: was there sufficient consideration and can Chithra bring an action against Michael for this promise?

IRAC METOD - RULE

The rule explains whether statute or case law guideline is relevant to the matter at hand. Instead of stating the rule as a conclusion to the specific instance that is being discussed, the rule needs to be articulated as a universal principle.

For example in Michael’s case of the BMW, consideration must be sufficient. It can range from some form of payment to other interests of value under the law. Consideration must also be ‘adequate’, in terms of a bargain being made, although it is not imperative. Sufficiency remains of prime importance when forming a contract.

IRAC METOD - ANALYSIS

Your analysis is both the most crucial and the most time-consuming component of your answer. This will includes adapting the Rule to the specific details of the issue or situation Michael is facing. You need to do this. Apply this information to demonstrate how the rule may be used to get the conclusion. When it is feasible to do so, discuss the situation from both perspectives. You have to predict what Chithra’s lawyers will argue. It is essential that you do not only assert a conclusion but also provide the grounds that support it. If you reach a conclusion without providing any supporting evidence or rationale, it indicates that you have not applied the principle and considered the relevant facts in your analysis of the problem. A helpful hint for your discourse is that you may use the rule as a guide.

For Michael’s example a case the authority establishing this principle is Thomas v Thomas , where the court held that as long as there is valid consideration. Under the authority of Currie v Misa then the agreement has some benefit or detriment to the parties. Furthermore in Chappel v Nestle , the courts stated the chocolate wrappers constituted purported consideration. It was held that the offer Nestle made for the exchange of chocolate wrappers provided that they were of some value.

IRAC METOD - CONCLUSION

After considering the position of the law you have to apply it to the scenario. Your solution to the problem is presented in the conclusion. This is the advice that Michael wants! Please share the findings of your assessment. As a rule of practice always give the bad news first and then the good news because then you can give them your bill.

For example in advice to Michael, if Michael promised to sell his 3 year old BMW to Chithra for £100, this may not be the market value of the car. However, the £100 will still be deemed to be of some value, hence valid consideration, making the promise to sell the car enforceable by Chithra. Any attack on the enforceability of the contract could be based around there was never any intention to create legal relations.

THE FINISHED ADVICE

This is how the advice will read:

Michael’s promise to sell the BMW

Michael promised to sell his 3 year old BMW car to Chithra for £100.00 as he won a new expensive car. The question is: was there sufficient consideration and can Chithra bring an action against Michael for this promise? Consideration must be sufficient. It can range from some form of payment to other interests of value under the law. Consideration must also be ‘adequate’, in terms of a bargain being made, although it is not imperative. Sufficiency remains of prime importance when forming a contract. A case authority establishing this principle is Thomas v Thomas , [1] where the court held that as long as there is valid consideration under the authority of Currie v Misa [2] then the agreement has some benefit or detriment to the parties. Furthermore in Chappel v Nestle , [3] the courts stated the chocolate wrappers purported consideration. It was held that the offer Nestle made for the exchange of chocolate wrappers provided that they were of some value. In advice to Michael, if Michael promised to sell his 3 year old BMW to Chithra for £100, this may not be the market value of the car. However, the £100 will still be deemed to be of some value, hence valid consideration, making the promise to sell the car enforceable by Chithra.

[1](1842) 2 Q.B. 851 [2]ibid [3] [1960] A.C. 87

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• Answering a legal problem - IRAC

Proper planning is vital to successfully answering a legal problem. Below are some hints and tools using a problem from Company Law.  When answering a legal problem, it is useful to apply the IRAC structure so that you address all areas required.

• IRAC structure

The IRAC method has four steps:

• Identify the issue
• Relevant law - Here you need to explain the law not just state it. This could be sections/s of the Corporations Act or case law
• Application to the facts - the law is applied to the facts of the problem

Use the following IRAC structure as a guide to answer case study questions.

• Issue: Define the legal relevant issue.
• Relevant law: Identify legal principles from cases and statutes. Explain the law, don't just state it.
• Apply to the facts: Develop legal arguments by applying the law to the facts.
• Conclusion: Arrive at a considered conclusion.

Note: Students gain the most marks by explaining the relevant law and then applying it to the facts.

Example question and answer

Bingo Ltd is a manufacturer of electrical goods. It entered into a contract with Melvin Ltd, a large discount retailer. Under this contract, Bingo Ltd was to supply its goods exclusively to Melvin Ltd. The directors of Melvin Ltd subsequently discover that a wholly-owned subsidiary of Bingo Ltd is selling identical electrical goods to competitors at cheaper prices. It appears that the subsidiary was incorporated to enable Bingo Ltd to avoid the effects of the contract with Melvin Ltd. Advise the directors.

(This a five-mark question)

Please note: This is a simple low mark answer (5 marks) to illustrate the use of IRAC only. Many Company Law problems will involve multiple issues. In these scenarios each issue would need to be addressed. For example: The first issue is... The second issue is whether...

1. Read the following question.

2. Now read the following text and try to identify the IRAC structure.  Check your understanding by clicking on the buttons to reveal the IRAC structure.

Read the following question, then identify which part of the IRAC structure best fits each text excerpt by selecting from the drop down menu.

• Writing case notes
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Using IRAC – to solve problems & to read cases.

• 31 May 2021
• IRAC , Legal Writing , Research , Tips for Students

What is IRAC?

IRAC ( Issue ,  Rule ,  Analysis , and  Conclusion ) forms the fundamental building blocks of legal analysis. It is the process by which lawyers think about  any  legal problem. The beauty of IRAC is that it allows you to reduce the complexities of the law to a simple equation.

• I SSUE: What  facts  and  circumstances  brought these parties to court?
• R ULE: What is the  governing law  for the issue?
• A NALYSIS: Does the rule  apply  to these unique facts?
• C ONCLUSION: How does the  court’s holding  modify the rule of law?

IRAC is a commonly recommended ‘tool’ for addressing legal problem tasks. It is a great tool for:

• Planning your responses to essay / problem questions;
• Writing answers to problem questions under pressure in an exam
• Organising your notes
• Checking that you’ve covered all bases when reviewing an assignment.

IRAC is not always the best way to structure your writing – particularly in a complex assignment . IRAC is great for planning responses, organising your thoughts and making notes when you read cases LawStudent.Solutions

Using IRAC (or (M)IRAC)

The following summarises the the process. You will note that we have included an additional step – identifying the material facts.

IRAC is also a helpful way to summarise cases. Keeping your notes in an IRAC format will help you index / sort them by issue. An example of a case analysis prepared using IRAC is set out below.

I – Identify the issues

It’s tempting to go straight to identifying the issues – but we always recommend starting issue spotting by identifying the most important – the material – facts.

Start with the material facts

Sorting through the facts you have been given to determine which facts are relevant and how you are going to use them is a necessary part of any problem solving task.

The following is a list of questions that may help you do this

• Who is involved? (identify parties specifically by name, if possible)
• Who suffered?
• Why? (was is avoidable?)
• What is the known (relevant) information?
• Is there any missing information?
• Include specific details like dates and monetary figures

Reread the question regularly. This will tell you what you are supposed to be doing and it will help you determine which facts are relevant LawStudent.Solutions

Issue spotting for problem solving

• Identify the problem: what has gone wrong and for whom?
• Name each Plaintiff and Defendant and briefly describe their individual issues
• Work out what area of law may govern the resolution of the problem.
• Be specific rather than general – if it’s a contract law question, specify what part.  Assignments generally relate to one area of law but the assignment will usually raise a number of issues within that general area.
• Identify any conflicting or troublesome facts – which facts are important.

Issue spotting when reading a case

• What facts and circumstances brought these parties to court?
• Are there key words in the judgement / report that suggest an issue?
• Is the court deciding a question of fact ? – i.e. the parties are in dispute over what happened – or is it a question of law? – i.e. the court is unsure which rule to apply to these facts?
• What are the non-issues?

The trap for the unwary is to stop at the rule. Although the rule is the law, the art of lawyering is in the analysis. LawStudent.Solutions

R – Rule / Relevant Law

Rule spotting for problem solving.

• Set out the legal principles that will be used to address the problem.
• Source legal principles from cases and legislation – aim to have a citation for every rule.
• Treat a statement of law as a statement that requires support / verification – if you make a statement about what the law is, support it with a (correctly cited) case or section.  Be specific – point to the specific section, paragraph or page of the judgement.  Be judicious in your choice – pick the most relevant / applicable cases.

Make sure you are specific when stating the relevant law/rules that apply, and always make sure to support propositions with case authority LawStudent.Solutions

Rule spotting when reading a case

Simply put, the rule is the law . The rule could be common law that was developed by the courts or a law that was passed by the legislature.

When you’ve finished reading a case, ask yourself: “What does this case stand for?” Assume your lecturer is not a psychopath and they’ve assigned the reading for a reason! LawStudent.Solutions

For every case you read, extract the rule of law by breaking it down into its component parts. In other words, ask the question: what elements of the rule must be proven in order for the rule to hold true?Questions to ask when reading a case:

• What are the elements that prove the rule?
• What are the exceptions to the rule?
• From what authority does it come? Common law, statute, new rule?  
• What’s the underlying public policy behind the rule?
• Are there social considerations?

A – Apply and analyse

“Compare the facts to the rule to form the Analysis.”

This important area is really relatively simple. For every relevant fact, you need to ask whether the fact helps to prove or disprove the rule. If a rule requires that a certain circumstance is present in order for the rule to apply, then the absence of that circumstance helps you reach the conclusion that the rule does not apply.

For instance, the successor legislation to the Statute of Frauds in each Australian jursidiction the effect of requiring that all contracts for the sale of land must be in writing. Consequently, in analyzing a problem involving an agreement for the sale of land, you apply the presence or absence of two facts – (a) the arrangement relates to land and (2) whether there’s a written contract – in order to see whether the rule holds true.

The biggest mistake people make in exam writing is to spot the issue and just recite the rule without doing the analysis . In open book exams (which is the case for most Australian Law exams) it’s a given that you can look up the law, so the real question is whether you can  apply the law  to a given set of circumstances.  The analysis is the most important element of IRAC since this is where the real thinking happens.

Analysis for problem solving

• Explain in detail why the claims are (or are not) justified, based on the body of law pertaining to the case.
• Be clear on who you are advising and consider and explain how the law be used by each party to argue their case.  It’s important to be able to explain what your client will need to counter.
• Use relevant precedent cases, Legal Principles and/or legislation to support each answer (you should have already identified these, but often you’ll find you’re moving backwards and forwards as you do your research).
• There may be several parties involved. Take the time to examine each case individually and analyse why their claims are (or are not) valid.
• Legal Principles and precedent cases should be used in each analysis, even if there is overlap between the parties (sometimes the same precedent will apply to more than one case, sometimes you will need to distinguish between the cases).
• It is acceptable to refer the reader to another point in the paper, rather than rewriting it word for word, if the situation calls for the same legal recommendation. (This is signposting)

Take time to discuss the contentious aspects of the case rather than the ones that are most comfortable or obvious LawStudent.Solutions

Analysis when reading a case

Questions to ask when reading a case:

• Which facts help prove which elements of the rule?
• Why are certain facts relevant?
• How do these facts satisfy this rule?
• What types of facts are applied to the rule?
• How do these facts further the public policy underlying this rule?
• What’s the counter-argument for another solution?

C – (Tentative) Conclusions

“From the analysis you come to a Conclusion as to whether the rule applies to the facts.”

The conclusion is the shortest part of the equation. It can be a simple “yes” or “no” as to whether the rule applies to a set of facts. Law exam and assignment problems will often include a set of facts/issues that could go either way in order to see how well you analyze a difficult case. 

The mistake many students make is to never take a position one way or the other on an issue . Most examiners / assessors are looking to see how well you take a position and support it in order to see how well you analyze. LawStudent.Solutions

Another common mistake is to conclude something without having a basis for the opinion . In other words, students will spot the issue, state a rule, and then form a conclusion without doing the analysis. Make sure that whatever position you take has a firm grounding in the analysis. Remember that the position you take is always whether or not the rule applies.

If a rule does not apply, don’t fall into the trap of being conclusive on a party’s liability or innocence. There may be another rule by which the party should be judged. In other words you should conclude as to whether the rule applies, but you shouldn’t be conclusive as to whether some other result is probable. In that case, you need to raise another rule and analyze the facts again.

In addition, the conclusion should always be stated as a probable result. Courts differ widely on a given set of facts, and there is usually flexibility for different interpretations. Be sure to look at the validity of the opponent’s position. If your case has flaws, it is important to recognize those weaknesses and identify them.

Conclusions when problem solving

• Stand back and play ‘the judge.’
• Your client won’t always be the good guy – your job is to identify the correct answer, not to find ways to advocate for your client. If theirs is not a strong case, tell them!
• Choose the argument you think is the strongest and articulate what you believe to be the appropriate answer.
• State who is liable for what and to what extent.
• Consider how parties could have acted to better manage their risks in order to avoid this legal problem.
• Your conclusion should logically flow from the reasoning.

Your conclusion will almost always be a tentative conclusion – but at the same time, don’t sit on the fence.  Give an indication of where you think the end result would go.

Conclusions when reading a case

Practical approaches for using irac.

The IRAC Triad emphasizes the  Analysis  by using the  Facts ,  Issue  and  Rule  as building blocks. The  Analysis  is the end product and primary goal of the IRAC Triad, but the role that facts play in forming the analysis is highlighted. The Triad is actually just a simple flowchart in which the facts can be pigeonholed into a  Conclusion .

The  facts  of a case suggest an  Issue . The legal issue would not exist unless some event occurred.

The  issue  is governed by a  Rule  of law. The issue mechanically determines what rule is applied.

Compare the facts to the  rule  to form the  Analysis . Do the facts satisfy the requirements of the rule?

Example: using IRAC to make a case note:

Another popular legal problem solving method is referred to as MIRAT – and you might be able to see that the way I approach using IRAC is really a blend of IRAC and MIRAT.  Read more about MIRAT in this article  Meet MIRAT: Legal Reasoning Fragmented into Learnable chunks

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