The following is a guide to help you use the IRAC method to sort through a hypothetical legal problem.
Even if you are not required to submit a list of facts in your answer, it is a good idea to write one. This will help you sort through the facts you have been given and determine which facts are relevant and how you are going to use them. The following is a list of questions that may help you do this
- Who is involved? (identify parties specifically by name, if possible)
- Who suffered?
- Why? (was is avoidable?)
- What is the known (relevant) information?
- Is there any missing information?
- Include specific details like dates and monetary figures
- Identify the problem: what has gone wrong and for whom?
- Name each Plaintiff and Defendant and briefly describe their individual issues
- Work out what area of law may govern the resolution of the problem.
- This could include, but is not limited to the following bodies of law
- Contract law (be specific about which part)
- Trade practices (e.g. misleading conduct)
- A company law issue (e.g. breach of director’s duty)
- Negligence Criminal Law
- Constitutional Law
- Partnership Law
- Assignments generally relate to one area of law but the assignment will usually raise a number of issues within that general area.
- Identify any conflicting or troublesome facts
Note: Assessment tasks are set around the work that you have done in class or will do in class. You are not expected to go outside the content of the unit but you are expected to explore it
Rules and relevant Law
- Set out the legal principles that will be used to address the problem.
- Source legal principles from cases and legislation.
Note: Make sure you are specific when stating the relevant law/rules that apply, and always make sure to support propositions with case authority.
- Explain in detail why the Plaintiff’s claims are (or are not) justified, based on the body of law pertaining to the case.
- How will this law be used by each party to argue their case?
- Use relevant precedent cases or Legal Principles to support each answer.
- You may also choose to use Legislation, when applicable.
- There are often several Plaintiffs involved. Take the time to examine each case individually and analyse why their claims are (or are not) valid.
- Legal Principals and precedent cases are used in each analysis, even if there is overlap among Plaintiffs (the same precedent can be applied to both parties, if appropriate. See example 2).
- It is acceptable to refer the reader to another point in the paper, rather than rewriting it word for word, if the situation calls for the same legal recommendation. (See example 1 and 2)
Note: Take time to discuss the contentious aspects of the case rather than the ones that are most comfortable or obvious.
- Stand back and play ‘the judge.’
- Choose the argument you think is the strongest and articulate what you believe to be the appropriate answer.
- State who is liable for what and to what extent.
- Consider how parties could have acted to better manage their risks in order to avoid this legal problem.
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Law school is… different, and so is the approach to answering problem based questions. The IRAC method will help you structure your exams and essays, so forget everything you currently know about answering questions and take a read!
What does IRAC mean?
- Issue: identify the issue.
- Rule: state the rule/law.
- Analysis: discuss the law in respect to the facts.
- Conclusion: provide your conclusion.
Don’t be deceived – it’s harder than it looks
It looks pretty simple, right? Don’t get me wrong, the idea behind IRAC is as simple as things can get – the difficulty is in the execution.
An easy way to explain IRAC is to talk about the things that are most likely to trip you up when using it.
Don’t write an introduction
We are taught during high school and most university courses to rehash the facts or situation as part of an introduction for any answer we give.
At law school, a problem based question simply doesn’t need one. Instead, just write down the issue as a question or a statement. For example: “the issue in this situation is whether plaintiff’s title to the property is indefeasible.” That’s it – now move on to the rule section.
I remember writing a short introduction in a problem based assignment (which I thought was different to an exam, for some unknown reason) even when the lecturer told us not to! In my defence it was early on in my first year (fine – second half of my first year).
A problem that many law students face is failing to adapt to the academic environment of law school. It takes time to reverse old habits and realise that an introduction is no longer necessary.
Don’t pad your answer
Answers in law school should be concise and relevant – the IRAC method will assist, but you still need to consider everything you write down and query whether its relevant. Fluff and padding will not help your marks and will not make up for the fact that you don’t know what you’re talking about. Save the extra words for those 7,500 and 10,000 word essays!
Being concise is particularly important in exams when you have time limits to separate students into into credit, distinction and high distinction categories. Expressed bluntly, you can’t bullshit your way through a legal question.
This is enforced by lecturers by imposing low word limits. A 3,000 word assignment might sound like a lot before you start but most people will find themselves at the end scrambling to delete words.
Word limits are also used to identify students who understand the most important concepts and reward them for it. You will always get the most marks if you:
- can identify the key issues (relevance); and
- are able to thoroughly consider the issues for each (being concise).
This might mean you need remove any discussion of minor ancillary issues, even if what you wrote is correct.
For example, a 30 mark essay capped at 1500 words might in fact have 40 marks available, depending on what your response is. This generally gives the lecturers some scope when marking papers. However, you would need to write far more than 1500 words to discuss all the issues to get all those marks, which is obviously not allowed.
Write on point and with precision and you will increase your chances to score full marks.
Don’t revisit your answer in your conclusion
Don’t rewrite your answer in your conclusion section. Your conclusion is essentially a “yes” or “no” response to the issue (eg “the plaintiff’s title to the property is not indefeasible”). Similar to the issue section, limit it to one sentence and spend your effort on the far more important analysis section – this is where all the marks lie.
Be flexible with the rule and analysis sections, and structure your answer to help the reader
The ideal question to answer is one where the various issues you need to discus and explain are entirely separate from one another and your structure is literally: issue; rule; analysis; and conclusion (perhaps repeated three or four times). You might get a few of these in an exam, but unfortunately, they are not in abundance!
Most questions, will have overlapping issues and this is where structure becomes very important. For written essays and assignments you will have time to plan this out properly. In exams, it will come down to practice, so make sure you run through as many practice exams as you can to find out the best structure for any particular question (exam topics are frequently repeated so you can figure out what will be on your exam early).
The IRAC method is not for all types of questions
You might have already picked it up, but the IRAC method works best with problem based questions. If you’ve got a “discuss the the advantages and disadvantages of indefeasibility in property law” kind of question, then first of all I feel genuinely sorry for you, and secondly, you will need to find another way to answer this question.
IRAC answer examples
It’s easier to explain this method if by looking at an example IRAC answer. The below examples are very brief and don’t go into much caselaw detail, but they should suffice for a general example.
I have chosen the first one from criminal law because this is usually taught early on in most degrees. The second is in a different post on exam scripts, and is from a key area in contract law.
The words in [square brackets] or in italics are to indicate [structure] or are just general commentary and would not be included in your answer.
Criminal law IRAC example – Murder/manslaughter
[Exam heading] Murder
[Exam heading] Issue
- Did D commit murder?
- Can prosecution charge D with murder?
[Exam heading] Law and Analysis
- [Exam heading] (a) Mens Rea
- (State the law)
- (This is the analysis) In this situation, [there is insufficient evidence of intention]
- [Exam heading] (b) Actus reus
- (State the law)
- (This is the analysis) Here, it is clear that D’s actions were voluntary, and that the act caused the death of V.
- (Still the analysis) It could be argued that [act] was actually [something else], and therefore should not be considered voluntary. This was argued in [key case], however here, [the other important factor in key case] was not present, which means that any argument from D that actus reus is not made out is unlikely.
- (I can’t remember much of crim, but usually an exam question will have a factual scenario that plays on the facts of a key case. For example, in this question there might be something in the facts which requires you to discuss how the “voluntary” act is similar or different to a voluntary act in the key case. Refer to it and make a conclusion. If the chief examiner is particularly cruel, they will blend a factual scenario from two key cases, and you will need to refer to both and make a call on what is more applicable.)
[Exam heading] Conclusion
- D unlikely to be charged with murder. While there is sufficient evidence for actus reus, there is no mens rea.
(You will now want to determine whether D can be charged with a lesser office based on a different mens rea. To make the best use of time, refer back to what you have already written in the murder section.
Just as a warning – only refer back to things in the same answer. Sometimes, different questions in an exam booklet will be marked by different people. They might not have time to skip back to a different question to find something you have written.)
[Exam heading] MANSLAUGHTER
[Exam heading] Issue
- Can D be charged with manslaughter?
[Exam heading] Law and Analysis
- [Exam heading] (a) Mens rea
- The mens rea for manslaughter is… (as I said above, it’s been a looooong time since I studied criminal law. I have no idea what elements should go here. Recklessness?? Also, surely law students learn that this is the “fault element” now?)
- In this situation… (apply facts)
- [Exam heading] (b) Actus reus
- The elements for manslaughter are the same as for murder. These have been discussed above and are present in this situation.
[Exam heading] Conclusion
- D is likely to be charged with manslaughter as fault and external elements are all present.
(Part of your job is to make life easy for the marker. That’s the great thing about IRAC – it provides an ideal structure to frame your answer around. However, when you don’t need to write much then the structure can feel very forced. If you think your answer is going to look a bit stupid, just put everything in the one paragraph, but make sure you stick to the IRAC structure. See the below paragraph for an example.)
[Alternative manslaughter IRAC section]
(Issue) As murder is unlikely to be found, an alternative charge of manslaughter should be considered. (The following is law and analysis for actus reus) The actus reas for manslaughter is identical to murder, and is therefore present, as discussed above. (Next up, law and analysis for mens rea) However, the mens rea is different. The mens rea for manslaughter is…. [state law, discuss]. (Conclusion) Therefore, it is likely/unlikely that D will be charged with manslaughter.
Contract law IRAC example – termination of contracts
In my post on exam scripts you will find an IRAC example for termination of contracts. It’s from one of my old exam scripts and is a little more detailed than the above example for criminal law.
Want some help with a practice exam question?
If you have a practice exam question that you’re working on and you would like a second set of eyes taking a look, email me a copy of the exam (or upload it using the contact form below) and I’ll see if I can work through it. (I won’t look at any current essay questions you’re working on – speak to your class mates about those.)
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