irac案例分析方法.docxVIP

The Sectio ns of an IRAC [edit ] Issue The IRAC starts with a statement of the issue or question at hand. In the issue section of an IRACit is important to state exactly what the question of law is. [edit ] Rules The rules sect ion of an IRAC follows the stateme nt of the issue at hand. The rule secti on of an IRAC is the stateme nt of the rules pert inent in decid ing the issue stated. Rules in a mon law jurisdicti on derive from court case precede nt and statute . The in formatio n in cluded 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 sect ion n eeds to be a legal summary of all the rules used in the analysis and is often written in a manner which paraphrases or otherwise an alytically conden ses in formatio n into applicable rules. [edit ] Application/Analysis The application / analysis section of an IRAC applies the rules developed in the rules sect ion to the specific facts of the issue at hand. This secti on uses on ly the rules stated in the rules sect ion of the IRAC and usually utilizes all the rules stated including exceptions as is required by the an alysis. It is importa nt in this sect ion to apply the rules to the facts of the case and expla in or argue why a particular rule applies or does not apply in the case presented. The application/analysis section is the most importa nt secti on of an IRAC because it develops the an swer to the issue at hand. [edit ] Conclusion The conclusion section of an IRAC directly answers the question presented in the issue secti on of the IRAC. It is importa nt for the methodology of the IRAC that the con clusi on sect ion of the IRAC not in troduce any new rules or a