4 TYPES OF LEGAL ISSUES

Appellate Courts usually address four legal issues: **on test**

1. Definition: what does it mean; entire statute; word/phrase
2. Facts fit: How do the facts fit (agree with the definition but not with the
facts); Looking at the evidence, theres no way judge and jury could have
come up with that verdict.
3. Consistency: can 2 rules co-exist
4. Combination of any of the above.
LEGAL ANALYSIS
Legal analysis in a broad sense is determining what law applies and how it applies.
One of the most important parts of legal analysis is breaking the rule into its elements.
Focus on identifying/ analyzing the issue in controversy. DO NOT SIDETRACK!
IRAC
IRAC method the procedure for performing basic analysis we reviewed in class.
STEP 1 ISSUE
Identify the issue (legal question) or
issues raised by the clients case; 5 Ws
STEP 2 RULE
Identify the law that governs the issue
Enacted laws or case laws or both
STEP 3 ANALYSIS/APPLICATION
Determine how the rule of law applies
to the issue * See 3 parts of step 3*
STEP 4 CONCLUSION
Summarize the results of the legal
analysis
3 parts of step 3 with examples
PART 1 Identify the component parts (elements) of the rule of law
Elements = the things you need to prove in a case.
Rule based reasoning, the ability to break a rule into its tests or parts.
Look at jury instructions (secondary authority) which breaks the rules into its
elements.
* every rule has parts to it *
Once you have your mind set on a rule or law, you need to break the rule or law
into its parts.
PARADIGM OF PROOF
EXAMPLE: Break down elements of burglary which is defined in a certain
jurisdiction as breaking and entering the dwelling of another in the nighttime
with the intent to commit a felony therein.
1. Breaking pushed door, consent by leaving the door open,
2. Entering walked in
3. Dwelling of another not her apartment
4. Nighttime not her apartment
5. Intent to commit a felony crime she punched her, had to go over there, going
on for a long time, incensed, already tried to resolve it, stressed out from
studying, timing. Hit her in the apartment, self-defense
PART 2 Apply the elements of the law to the facts of the clients case (above)
Only certain facts apply to certain elements.
Each need to be proved independent.
BREAK DOWN ELEMENTS BEFORE ANALYSIS
PART 3 Consider the possible counterarguments to the analysis of the issue

Legal Analysis: The process of

identifying the issue or issues presented
by a clients facts and determining what
law applies and how it applies; the
process of applying the law to the facts of
a case. It is an exploration of how and
why a specific law does or does not
apply.
IRAC: An acronym commonly used in
reference to the legal analysis process. It
is composed of the first letters of the
descriptive terms for the four steps of the
processIssue, Rule, Analysis/
Application, Conclusion. The standard
legal analysis process is identification of
the issue, followed by presentation of the
governing rule of law, the
analysis/application of the rule of law,
and the conclusion. (Issue = Questions;
Rule = Law;
Facts: Information concerning some
thing, action, event, or circumstance.
Issue: The precise legal question raised
by the specific facts of a dispute.
Intellectual Honesty: In the context of
legal analysis, includes researching
analyzing a problem objectively. This
includes analyzing a problem without
allowing preconceived notions, personal
views, and emotions to interfere with
objectivity.
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SAMPLE IRAC OUTLINE

I. Legal Question/ISSUE: Will Lila be
convicted of burglary?
RULE: Breaking and entering. . .
A. I: Was there a breaking?
R: Case law
A: Apply the facts
C: There was a breaking
B. I: Was there an entering?
R: Case Law
A: Apply the facts
C: There was an entering.