IRAC structure (Case analysis) (2014)Apunte Español
Vista previa del texto
I – ISSUE
What happened? Explain all the facts in chronological order.
Introduce legal issues and questions related to the case.
Use different words but with the same meaning.
“According to these facts the main legal question at hand is to decide whether A is to be liable for damages arisen from X or not and if Y is entitled to compensation. Let’s analyze the legal framework to discuss this situation.” R – RULES State all the rules that can be used in the case.
Concrete if these rules have exceptions under specific circumstances.
Explain how these rules were applied in similar cases and took example of it.
If you don’t know a rule, you can invent it as long as it makes sense.
“When analyzing the specific rules that apply to this sort of cases it is essential to consider that this case is related to a branch of a law which involves…” “Judges will only be able to apply this rule under X circumstance, and it is/ it is not accomplished in this case.” “After having estimated previous similar cases, it is a fact that…” A – APLICATION With the concepts learnt, apply the rules to the issues.
There is never just one solution. Apply the rules as you think is the most appropriate. It will be OK if you can argue and explain it.
Always think in terms of efficiency and fairness.
Apply lots of concepts.
C – CONCLUSIONS “According to the arguments explained, I believe the most appropriate solution is to…” Other aspects to take into account: - - - When did it happen? Did it happen before? Was it intentionally? Was it avoidable? Always explain what you assume from the text given, because depending on your understanding of the case everything can change.
Explain what should have been done in order the liable party was not liable: what actions didn’t or did he or she take wrongly? Someone has right for compensation, or should things stay the same? Useful vocabulary Defendant = Acusado Plaintiff = Demandante Sue = Demandar Borne = Cargo Breach of contract = Incumplimiento de contrato Rationale = Razón fundamental, base lógica Hoard = Acumular, Acaparar, Retener para Unwittingly = involuntariamente, inconscientemente Trade-off = Intercambio, Compensación Fancy = Supuesto Blame = Culpa, censura Astray = Descarriado, por mal camino Witness = Estrado Entail = Suponer, implicar, acarrear, ocasionar Fuss over = Quejarse sobre ...