livianIRAC案例分析方法

2021年1月19日发(作者：sm在线电影)
The Sections of an IRAC
[
edit
] Issue
The
IRAC
starts
with
a
statement
of
the
issue
or
question
at
hand.
In
the
issue
section
of
an
IRAC
it
is
important
to
state
exactly
what
the
question
of law
is.
[
edit
] Rules
The rules section of an IRAC follows the statement of the issue at hand.
The rule section of an IRAC is the statement of the rules pertinent in
deciding
the
issue
stated.
Rules
in
a
common
law

jurisdiction
derive
from
court case
precedent
and
statute
. The information included in the rules
section depends heavily on the specificity of the question at hand. If
the
question
states
a
specific
jurisdiction

then
it
is
proper
to
include
rules specific to that jurisdiction. Another distinction often made in
the rule section is a clear delineation of rules that are in
holding
and
rules that are
obiter
dicta
.
This helps
make a correct legal analysis
of
the issue at hand. The rules section needs to be a legal summary of all
the rules used in the analysis and is often written in a manner which
paraphrases or otherwise analytically condenses information into
applicable rules.
[
edit
] Application/Analysis
The
application
/
analysis
section
of
an
IRAC
applies
the
rules
developed
in the rules section to the specific facts of the issue at hand. This
section uses only the rules stated in the rules section of the IRAC and
usually
utilizes
all
the
rules
stated
including
exceptions
as
is
required
by the analysis. It is important in this section to apply the rules to
the facts of the case and explain or argue why a particular rule applies
or
does
not
apply
in
the
case
presented.
The
application/analysis
section
is the most important section of an IRAC because it develops the answer
to the issue at hand.
[
edit
] Conclusion
The
conclusion
section
of
an
IRAC
directly
answers
the
question
presented
in the issue section of the IRAC. It is important for the methodology of
the IRAC that the conclusion section of the IRAC not introduce any new
rules
or
analysis.
This
section
restates
the
issue
and
provides
the
final
answer.
[
edit
] Criticism
IRAC has many proponents and opponents. The main arguments of the
proponents
of
the
IRAC
methodology
say
it reduces
legal
reasoning
to
the
application of a formula that helps organize the legal analysis. Since
an organized legal analysis is easier to follow and reduces errors in
reasoning,
therefore,
the
proponents
argue
that
the
IRAC
is
a
very
useful
tool. The opponents of the IRAC fall into two categories.
The first category are those who object to using an IRAC because of its
strict and unwieldy format. Most of these critics offer an alternative
version
of
the
IRAC
such
as
MIRAT,
IDAR,
CREAC,
TREACC,
CRuPAC
,
ISAAC
and
ILAC. Each new iteration is supposed to cure the defects of the IRAC and
offer
more
or
less
freedom
depending
upon
the
format.
A
very
good
example
of such an alternative format is the CREAC which is said to offer more
clarity and congruity. They argue this based upon the repetition of the
conclusion in the beginning and the end which is said to leave no doubt
as to the final answer and offer congruity to the overall reasoning. It
also
has
an
explanation
of
the
rules
section
which
helps
delineate
rules
into stating the rules and explaining the rules for further clarity.
The second category of critics of the IRAC say that it tends to lead to
overwriting,
and
oversimplifying
the
complexity
of
proper
legal
analysis.
This
group
believes
that
a
good
legal
analysis
consists
of
a
thoughtful,
careful, well researched essay that is written in a format most amiable
to the writer. The importance of an open format amiable to the writer is
supposed to let the legal reasoners concentrate on expressing their
argument to the best of their abilities instead of concentrating on
adhering to a strict format that reduces this focus.
[
edit
] An Example IRAC
A
generic
IRAC
on
a
law
school
exam
would
consist
of
an
answer
to
a
question.
The following example demonstrates a generic IRAC as an answer to a
question.
Person
A
walks
into
a
grocery
store
and
picks
up
a
loaf
of
bread.
He
then
stuffs the bread beneath his jacket. A security attendant sees him and
follows
him
to
the
cash
register.
Person
A
passes
through
without
stopping