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.