L1: Problem Questions - Using IRAC

Question 1

What are Problem Questions ?

Answer 1

It ‘involves a set of hypothetical facts raising at least one or more questions which needs to be answered with reference to the law’- Legal Skills book by Emily and Stefan

Question 2

Why do lawyers need to be able to problem solve ?

Answer 2

Lawyers need to be able problem solve so they can apply the law to new and unusual factual situations. Clients will come to us to get answers as to how the law applies to his situation. Also, it’s important for us to be able to problem solve as problem questions are a popular means for assessing knowledge and skills within exams and most students limit this as they haven’t developed an effective problem solving technique.

Question 3

What is IRAC ?

Answer 3

• Issue
• Rule
• Apply
• Conclude

Question 4

What is the I part of IRAC and what should we do ?

Answer 4

Issue:
- Read question carefully as you may have to advise multiple clients
- Identify the two parties
- Identify what the two parties are claiming for
- Identify the legal issues

Question 5

What is the R part of IRAC and what should we do ?

Answer 5

Rule:
- Identify and write the legal rule from cases and statutes (Quote from case law)
- Include several cases for supporting authority for each principle
- Don’t include two much descriptive details or irrelevant details- i.e., facts, name or parties aren’t needed, just explain yourself telling the outcome of the case or who the judges are and argue your points of the legal principle.

Question 6

What is the A part of IRAC and what should we do ?

Answer 6

Apply:
- Don’t skip the application stage!
- Show you understand how the law operates with the issues identified
- Present factual evidence from the scenario which demonstrates whether the legal requirements are met or are not met.
- Provide a balanced approach- consider counterarguments and critique where appropriate.

Question 7

What is the C part of IRAC and what should we do ?

Answer 7

Conclude:
- Provide a conclusion for each legal issue and at the end of the overall answer, an overall conclusion
- Summarise your findings which should be concise and focused of what is written above
- It is not always possible to provide a definite conclusion in which case the conclusion should be based on the strongest argument presented, noting any contingencies or alternatives.