...H A P T E R 22 THE IRAC METHOD A. PURPOSES OF IRAC B. IRAC COMPONENTS 1. Issues 2. Rules of Law 3. Application of the Law to the Problem’s Facts 4. Conclusion 446 446 448 449 451 452 CHAPTER OVERVIEW The IRAC chapter focuses on the writing style used for the discussion portion of the memo. IRAC is an acronym for Issue, Rule, Application, Conclusion. These are the building blocks of a memo’s discussion. You will learn to identify issues and applicable legal authority. You will also learn how to extract the legally significant facts and apply them to the relevant law to draw substantiated conclusions. You will learn to identify effective IRAC use by dissecting discussions and labeling the IRAC components, and you will learn to draft IRAC sequences as well. 445 446 CHAPTER 22 / THE IRAC METHOD A. PURPOSES OF IRAC ! What Is IRAC? IRAC stands for Issue, Rule, Application, Conclusion. IRAC is the architectural blueprint for the discussion portion of a legal memo. It gives legal writing continuity and clarity and organizes the contents of the discussion. IRAC provides legal support and analysis for the issues posed by the problem and guides the writer toward a well-supported conclusion. IRAC benefits both the writer and the reader because the components are essentially a checklist designed to ensure that the discussion is analytically well thought-out and that it contains the necessary legal authority. IRAC is very important because...
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...rmWhat is IRAC? IRAC stands for Issue, Rule, Application, Conclusion. It is one way to structure legal analysis. An effective essay (no matter the overall length) follows some form of the IRAC structure where it is organized around each of these elements for each and every issue and subissue identified as a legal problem. IRAC is an extremely useful tool in organizing any law related essay answer. It is not the only way to structure an answer, but it helps to make sure all bases are covered. So, until you achieve the level of mental and written fluency where you can weave together rule and fact in a seamless tapestry and transition between thoughts without loss of either the substance or your reader, you might choose to rely on some form of IRAC to keep focused. Use IRAC as tool for organizing your thinking and your writing. Think of it as a weaving loom that is there only to support the threads of your argument, while you weave and create an intricately beautiful piece of fabric, i.e. a complete, logical argument. Soon, the process will become automatic and you will rely less and less on the loom. Until then, you have something you can rely on to guide you through the process. How to IRAC 1. State the issue The issue is the most important element in the analysis and must be stated in a way to show what is in controversy. The legal question weaves together the rule and the facts particular to the problem you identified. Articulate the issue by creating the legal question...
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...IRAC Brief: JP Morgan Chase Settles the London Whale This is a case study analysis of a current legal case regarding the governance principles of regulatory compliance and the methods used to manage risk arising. The briefing of this case will utilize the IRAC method of case analysis to give a breakdown on the case of JP Morgan Chase on regulatory violations and risk management. The IRAC method will address I - Issue, R - Rule, A - Analysis, and C - Conclusion which will provide a researched assessment of the trading loss violations on this case. Please read and review this analysis of the case utilizing IRAC method of case analysis. Issue JP Morgan Chase permitted traders in its London office to allocate magnified values to transactions and cover up huge losses as they continued to explode. Two traders could face criminal charges for fabricating records to cover up losses. JP Morgan’s charge to the $6 billion oversight in trading loss is the first for a main company since the Securities and Exchange Commission revised its practice of letting firms pay fines without admitting fault. An admission by JPMorgan could provide a pattern for pursuing other admissions in Wall Street cases. The Justice Department is aggressive in getting JPMorgan to admit that from 2005 to 2007, it sold mortgage securities to investors without fully warning of the risks. By wanting the bank to admit some responsibility, officials hope it will caution other corporations to double check before taking...
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...MODULE 7 MODEL ANSWER Evaluation Approach To learn the most from your experience of writing this essay, with an eye towards improving both your essay-writing skills as well as your knowledge of the relevant substantive law, please compare your essay to the model answer provided below using the following approach: (1) Score: Find the score the essay received in the grading rubric (below), and note the description of why an essay would receive that score. The score tells you in general terms how the way the essay was written correlates to the expectations for the assignment (note that when taken by themselves, some parts of the essay might by themselves be of higher or lower quality, the score the essay received is the overall score for the essay taken as a whole). Grading Rubric Score 50 55 60 65 70 75 Description Essay identifies subject area and makes some attempt at answering the question. Essay spots at least one major issue but is mostly conclusory. Essay spots several main issues and attempts to answer the question. Essay weaves some of the facts in with the main issues, but falls short of identifying all major issues or misses some important facts. Essay sees almost all major issues and does an adequate job of weaving in important facts. Essay is generally well-written in addition to identifying all major issues and weaving in facts. (2) Issue-Spotting: Next, compare the essay to the model answer, to make certain that it spotted all of...
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...attendants cleared the park of children and moved them to Michael’s home, the attendants all left. While other children and their parents were inside Michael's house eating cake and watching the birthday boy opening presents, Tommy sneaked out an unlocked door leading to the amusement park. While Michael was in the kitchen getting more ice cream for the party, he looked out the window in the house and saw Tommy get on the Floaty Boat Ride. While Tommy was getting onto the ride, he stood up and fell into the water, hitting his head on the edge. Tommy sustained a large laceration to his head, and then sank below the surface of the water. Michael ran out and pulled Tommy out of the water. When Tommy arrived at the hospital, Doctor prescribed improper medication that resulted in some permanent brain damage to Tommy. Tommy, through an appointed guardian, has sued Michael. What legal claim and defenses should be asserted in the suit by Tommy against Michael? Against Doctor? Discuss. I need this in Exam IRAC...
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...Please write an essay for Jim, arguing for him and against Melissa. This should be an IRAC-Style essay and must have supporting case law. You will need to use Lexis to research and find the cases to support your position. “Gravel is Us” was hired by the state of Ohio to do repairs on I-90 and the scope of this work included blasting away dangerous rock by using dynamite. In an effort to maintain safety, a guard was set up on the highway to make sure no cars entered the area, however the guard fell asleep. While there was a road closure sign, Jim did not see it which ultimately resulted in him driving right into the dynamiting zone and Jim suffered severe injuries from falling rock. While, Melissa, the defendant in this case and owner of “Gravel Is Us”, argues that she cannot be held liable for negligence, we will push to show she should be held liable for Jim’s injuries sustained by the falling rock under the theory of Strict Liability. Because blasting is an abnormally dangerous activity, public policy requires that the cost of the damage resulting to innocent parties be borne by those undertaking the blasting, even when they have not behaved negligently (was there negligence?). This rule of law comes from Spano v Perini Corp., 31 A.D.2d 788 in the Supreme Court of New York. In Spano v Perini Corp it states that the majority of American Jurisdictions hold blasters absolutely liable. Ohio being one of those jurisdictions. Bring Ohio case law A court will therefore...
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...must prove beyond a reasonable doubt that the defendant has committed every essential element of the offense with which she or he is charged * Criminal Sanctions * Much harsher than civil * Involve fines, imprisonment, probation, and sometimes the death penalty * Civil Liability for Criminal Acts * Some torts, such as assault and battery, provide a basis for a criminal prosecution as well as a civil action in tort, * Classification of Crimes * Felonies * Serious crimes punishable by death or by imprisonment for more than one year * Misdemeanors * Less serious crimes punishable by a fine or by confinement for up to a year * Petty Offenses * Minor violations considered to be a subset of misdemeanors, for example jaywalking * Section 2: Criminal Liability * Two elements normally must exist simultaneously for a person to be convicted of a crime: 1. The performance of a prohibited act 2. A specified state of mind, or intent, on the part of the actor *...
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...BFA141 Commercial Transactions Semester 2 2014 Tasmanian School of Business and Economics Faculty of Business Additional Teaching Information - Tutorial Program Unit Coordinator Peter Dixon CRICOS Provider Code: 00586B Contact details Unit coordinatorand Launceston lecturer: | Peter Dixon | Campus: | Launceston | e-mail: | Peter.Dixon@utas.edu.au | Phone: | +61 3 6324 3329 | Fax: | +61 3 6324 3369 | Room number | A245 (Launceston) | | | | | Other teaching staff with offices on campus Lecturer & Tutor Tom Baxter Campus: Hobart e-mail: Tom.Baxter@utas.edu.au Phone: (03) 6226 2803 Fax: (03) 6226 7845 Room number 423 (Hobart) Tutor: John Streeter Campus: Launceston e-mail: John.Streeter@utas.edu.au Phone: (03) 6324 3061 Fax: (03) 6324 3369 Room number D110 (Launceston) Tutor: Yonna Pankiw Campus: Hobart e-mail: Yonna.Pankiw@utas.edu.au Phone: TBA Fax: (03) 6226 7845 Room number: TBA Staff will advise their consultation hours. BFA141 Commercial Transactions Assessment Rubric for Tutorial Workbook (10% of final result) Criteria | HD (High Distinction) | DN (Distinction)70-79% | CR (Credit)60-69% | PP (Pass)50-59% | NN (Fail)0-49% | | 90-100% | 80-89% | | | | | Prepare for tutorials(Weight = 45%) | Completes all set tutorial tasks before class demonstrating a commitment to preparing detailed answers | Attempts all set tutorial tasks before...
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...fundamentals are still the same: a well-structured piece of work that leads the reader through a discussion of a particular problem or issue. There should be an introduction, a body and a conclusion. Inevitably, either you will be required to put up arguments for hypothetical parties dealing with a hypothetical business problem or you may be asked for your view about a particular legal issue. It is essential that you base your arguments and views on legal principles and cases and thus reliance on what others have written is necessary. This guide attempts to provide you with some assistance in writing and referencing law academic papers. Some basic resource materials are also noted. [NB: This guide is a starting point only.] There are two types of Law Academic Papers Students who take the Business Law Major will inevitably be expected, at some stage, to answer at least two different styles of legal questions: legal case studies and essays. Legal case studies These are questions based on a set of hypothetical facts. The purpose of legal case study questions is both to engage you in problem solving and to consider the issues relevant to risk management. In particular, case studies test your ability to complete an IRAC analysis of the question. This analysis proceeds as follows: Issues • Identify a problem that has occurred for one or more of the parties. That is, what has gone wrong? Who has suffered?...
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...EXOPLANET ATMOSPHERES Year 3 Term 2 Essay Project for the Degree of Bachelor of Science in Physics with Theoretical Physics Ho Yin Desmond YUEN Department of Physics, Blackett Laboratory, Imperial College London, South Kensington Campus, London SW7 2AZ, United Kingdom Submitted Version: Summer Term, 4th May 2015 ABSTRACT The objective in studying exoplanet atmospheres is to understand their atmospheric composition and properties, thus, to deduce the planets’ habitability. Favoured by their close proximity, studying the atmospheres within our own Solar System and seeking for resemblance is a fundamental first step before we proceed off to extra-solar systems. While the ultimate goal of detecting a true Earth twin is some time off, we are busy trying to understand the atmospheres of hot Jupiters and hot Neptunes through observing primary and secondary transits of these exoplanets. During the past decade, conflicting observations between ground- and space-based facilities, different methods of data treatment, and resolving limitations of measuring instruments have been a source of debate in the astronomy community. Controversies over the atmospheres of two of the most extensively studied exoplanets, HD 189733b and GJ 436b, are discussed here. Through a series of investigation and evaluation, the hot Jupiter, HD 189733b, is believed to possess a carbon-monoxide-rich atmosphere with a sodium-abundant troposphere, topped with high-altitude haze. The hot Neptune...
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...Kiobel versus Dutch Petroleum IRAC Case:KIOBEL, INDIVIDUALLY AND ON BEHALF OF HER LATE HUSBAND KIOBEL, ET AL. v. ROYAL DUTCH PETROLEUM CO. ET AL. No. 10–1491, U.S. Supreme Court Issue:Can you sue Corporations under this Tort? Does the Alien Tort Statue even apply to outside the US or to what extent can you prosecute? Rule: 28 U.S.C. § 1350 : US Code - Section 1350: Alien's action for tort - The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States. Analysis: The case of Kiobel v. Royal Dutch Shell Petroleum Company a.k.a. Shell was brought up by a group of 12 Nigerians claiming that they or their relatives were tortured, unlawfully arrested, executed, and other crimes against humanity. They alleged Shell supplied ammunition to the Nigerian police, transported soldiers in the corporate helicopters to carry out the crimes, Shell was involved in Corporate Bullying, aided and abetted in the rape of Nigerian women, and violation of human rights (Legal Information Institute, 2015). Kiobel could not sue Shell in Nigeria because the Nigerian Government was corrupt. The Nigerian group’s attempt to file a suit was dismissed by the UK and the Netherlands Company because those countries would not take jurisdiction. The group had taken political asylum because of the crimes in Nigeria and after becoming US citizens. The 12 Nigerians sued in the US under the 1789...
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...HIPAA Ruling in Tennessee Court Failure to adhere to regulatory compliance can impact a litigation process, which in the case of Stevens vs, Hickman Community Hospital was prominent when the Tennessee Court of Appeals dismissed the case based on failure to comply with Tennessee’s Medical Malpractice Act and the Health Insurance Portability and Accountability Act of 1996. This paper will include an IRAC Brief that will explain the case in detail followed by a brief explanation of governmental principles of regulatory compliance requirements, a brief explanation of methods for managing the legal risks that arise from regulatory compliance issues, and how this case can be applied within a business managerial setting. IRAC Brief Christine Stevens a Tennessee woman filed a malpractice lawsuit against Hickman Community Hospital, the emergency room services and physicians who cared for her husband Mark Stevens, which subsequently resulted in his demise. The case however is being challenged as a result of failing to comply with regulatory requirements set forth in the Tennessee Medical Malpractice Act and the Health Insurance Portability and Accountability Act of 1996. Case In accordance with the Tennessee Medical Malpractice Act, on April 11, 2011, counsel for Mrs. Christine Stevens the spouse of Steven Stevens, formally notified Hickman Community Hospital and Dr. Whitaker of the impending malpractice allegations...
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...Case Study Analysis Property Issues Learning Team A Law/531 8/25/2014 Craige Harrison IRAC Issue: The issue brought before the Texas Court of Appeals is that the Tarhan’s bought property form the Mettlen’s and the Mettlens claimed that they retained the mineral intrests in the property. The Trahans believe that the interests were, or should have been, part of the transaction. The Trahans filed lawsuit in December of 2010 for the mineral intests more than 4 years later. The Mettlens filed a motion for summary judgment claiming that the lawsuit was time-barred by the applicable four year statute of limitation. The court found that the satute of limitations barred the Trahans lawsuit and judgment to the Mettlens. So the question is: is the four year limitation period applicable to the Trahans cause of action was tolled or otherwise rendered inapplicable by the facts and circumstances of the case and for how long. Rule: Discovery Rule for Fraudulent Concealment Analysis: The contract states that just after the description of the property the mineral, oil and gas and liquid that may be produced are products of the grantors. That there was no evidence of the Merrlens attempting to hinder the Trahans from reading the deed or that they attempted to hinder the Trahans Conclusion: It was found that the warranty deed conveying title to the Trahans contains a clear and unambiguous reservation of mineral rights. The discovery rule for fraudulent concealment tolls the running...
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...CALIFORNIA STATE UNIVERSITY, FULLERTON International Law for Business (Mgmt 346) Section 20579 Course Syllabus for Fall 2016 MIHAYLO COLLEGE OF BUSINESS AND ECONOMICS Professor Carl Pentis DEPARTMENT OF MANAGEMENT Office: SGMH 5385 Law Office telephone: (714)385-9682 Cell (text or call me!): (310)594-0869 Office hours: Tuesday, Thursday 5:00-5:30 pm; and by appointment School Office e-mail: cpentis@fullerton.edu Law Firm e-mail:carlpentis@gmail.com Law Firm fax: (714) 385-9682 Class day, hours and location: Tuesday and Thursday 5:30 to 6:45 p.m.; SGMH 1109 Course Description From the CSUF Catalog Prerequisite: Management 246 or equivalent. Textbook and Other Course Materials The course text is International Business Law and its Environment, by Schaffer, Agusti, Dhooge, Cengagge Learning, (9th ed. 2015). This can be an expensive textbook so you should consider purchasing the eBook at the Titan Bookstore. Also, I will provide links to PowerPoint presentations and other select added course materials on the course website. Course Mechanics and Procedures Open-Door Policy. My policy has always been “open-door.” Therefore, you should not hesitate to contact me in person or by e-mail1 or telephone. Reading. We will cover many chapters from the text during the semester. Course readings will include chapters from the text plus the assigned cases cited below. Bring your text to all class sessions since we will refer to it frequently. 1 ...
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...Learning Team Reflection - Exide Technologies Business Law - Law 531 March 23, 2015 Instructor: Learning Team Reflection - Exide Technologies Exide Technologies in Vernon, California is an example of a company which failed to comply with government regulations requiring them to properly handle and dispose of toxic battery waste. This case also highlights the negligence in part by state officials regarding violations discovered over a period of almost two decades. These violations included battery acid draining into a manholes and lead waste stored in open containers causing the toxic waste to be exposed. There are consquences when a company such as Exide Technologies fail to comply with state and federal regulations which could ultimately hinder their sustainability and financial prosperity. Principles of regulatory compliance requirements. According to Exide Technologies website, they are committed to comply with applicable legal requirements and other requirements related to environmental aspect. Due to the numerous violations discovered in the Vernon plant, Exide agreed to shut down the plant as a plea agreement to avoid any future criminal charges and additional fines. In addition to the plant shutting down, they were order to decontaminate the site in which they worked due to high levels of lead and arsenic emissions. Exide Technologies was not only mishandling their toxic waste, but they were not complying with all applicable governmental laws and regulations...
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