Legal Analysis IRAC Phillips Legal Analysis Research Main

Legal Analysis IRAC Phillips

Legal Analysis & Research Main objective is to analyze a factual situation presented by a client and determine: 1. What is the legal issue (question) raised 2. What law governs the legal issue 3. How the law that governs the issue applies to the facts of the case – and what remedies are available.

4 -Step Analysis Process ISSUE – Identification of the legal issue (question of law) RULE – Identification of the law that governs the legal issue ANALYSIS – Determination of how the rule of law applies to the legal issue CONCLUSION – Summary of the results; determine remedies if any

No! Not this Iraq…

Rule Issue Conclusion Analysis

ISSUE Question of Law Question of Fact

Question of Fact v. Question of Law �A question of law (also known as a legal issue) is a question which must be answered by applying relevant legal principles, by an interpretation of the law. �A question of fact, which must be answered by reference to facts and evidence and inferences arising from those facts.

To illustrate the difference: Question of fact: Did Mr. and Mrs. Jones leave their 10 year-old child home alone with their baby for 4 days? Question of law: Does leaving a baby with a 10 -year old child for 4 days fit the legal definition of child neglect?

Rule of Law Identify all applicable law Outline each element

Analysis/Application Determine how the rule of law applies to the legal issue Consider possible counterarguments

Elements of Rule Fact of Case Analysis

Analysis Chart Elements of Rule Facts of Case Proven True?

Conclusion Summarize the results Recap your analysis Predict the court’s action

things to remember Before Analysis Facts Issues • Gather all fact (KEY FACTS ONLY) • Preliminary legal research • Include all key facts in the legal issue • Separate ALL issues to analyze

Let’s Try it Out Mr. Hopkins walks out of Farm Fresh and finds Mr. Hodges yelling at Mr. Freeman. Mr. Hopkins begins taunting Mr. Hodges, encouraging him to hit Mr. Freeman. Eventually Mr. Hodges strikes Mr. Freeman, and the police are called to break up the fight. Mr. Freeman has asked you to represent him against Mr. Hopkins.

KEY FACTS? Mr. Hodges is yelling at Mr. Freeman in the parking lot of Farm Fresh Mr. Hopkins is present at the scene and encourages Mr. Hodges to hit Mr. Freeman Mr. Hodges strikes Mr. Freeman

Preliminary Research Battery – Crimes against persons Battery – contact with another in a manner likely to cause bodily harm Battery generally requires: An offensive touching or contact is made upon the victim, instigated by the actor OR The actor intends or knows that his action will cause the offensive touching

ISSUE an individual present at the scene of a battery, who encourages others to commit the battery but does not actively participate in the actual battery of a victim. Is a battery committed by

Rule VA Code Battery: Battery exists when The actor intends or knows that his action will cause the offensive touching

Analysis Elements of Rule Facts of Case Proven True? The actor intends or knows Mr. Hopkins encourages Yes His action Taunting Yes Will cause offensive touching Mr. Hodges hit Mr. Freeman Yes

Conclusion How would you write this? Remember – Predict the court’s action

PRACTICE WITH YOUR HYPOTHETICAL

ANSWER Elements of Rule of common law burglary Facts of Case Proven True? Breaking Forces open door with crowbar YES Entering Enters cabin YES Of a dwelling Houseboat YES – If structure is used as a residence (sleeps there regularly) At night 12 Noon NO With intent to commit a felony Plan to steal expensive equipment and pawn it Yes

Authority � Statutes: � Case Law: