IRACWhat is it· Issue, Rule, Analysis, Conclusion · Met.docx

IRAC
What is it?
· Issue, Rule, Analysis, Conclusion
· Method for organizing legal analysis so that the reader can
follow your argument
How to do it?
As an example, we will look at whether someone can sue for
battery as a result of inhaling second-hand smoke. The issue we
will look at is whether there is contact, which is required for a
battery claim.
Issue
· First state the question or problem that you are trying to
answer (what might bring the parties into court). This can be in
the form of a question or a statement depending on what your
reader prefers. Examples:
· “There is an issue as to whether contact occurred when the
plaintiff inhaled the second-hand smoke.”
· “Does contact occur when one inhales second-hand smoke
created by another?”
Rule
· State the rule or legal principle. This may take the form of
stating the elements required for a prima facie case.
· “The prima facie case for battery requires the following
elements: an act, intent, contact, causation, and harm.”
Analysis

· This is where you state your evidence and explain how you
will arrive at your conclusion. You may cite other cases,
discuss policy implications, and discuss (discount?) cases that
run counter to your conclusion.
· Make sure that you weigh both sides and make
counterarguments where appropriate.
· Use case law, analogizing and distinguishing, and policy (for
example, the goals of tort law) to work your way to a
conclusion.
· “In Howe v. Ahn, the court held that noxious bus fumes
inhaled by a passerby constitute harmful and offensive contact.
Although the court has not extended this holding to a case
involving second-hand smoke, numerous cases have likened
second-hand smoke to air pollution (for example, Fox v.
Abernathy). Policy considerations also favor finding contact in
the present case. If one can prove harm as a result of inhaling
second-hand smoke, it is better for the smoker to compensate
the victim than burden the state.”
Conclusion
· “The court is likely to find that harmful contact occurs when a
smoker releases second-hand smoke into the air and that air is
inhaled by a bystander.”
Exercise:
Amanda has a long history of narcolepsy. She has tried all sorts
of remedies from caffeine pills to doing jumping jacks every ten
minutes to stay alert. After falling asleep during a law school
final, she decided to see a doctor for some professional advice.
The doctor prescribed “Stay Awake” medicine. The medicine
seemed to work well and Amanda didn’t have any more

embarrassing ‘naps’ in class. Two months later, Amanda was
riding her scooter home when she fell asleep behind the
handlebars. She then crashed into Felix. Felix decides to sue
Amanda for negligence. What result?
THE QUADRA-SOUL of AMERICA’S 21st CENTURY
DILLEMA
Isolationism (anti-globalism), Nativism, Diversity, Immigration
(KEY POINTS/CONCEPTS)
ISOLATIONALISM
The concept or attitude of isolationism is a strong paradox in a
country that prides itself on being “the leader of the free
world”.
In this 21st century in America isolationism is not an official
public policy. However, many people perceive and experience
an attitude of “anti-globalism” in the hearts of Americans. This
attitude is legitimately construed to mean the same as
“isolationism.” Richard Nixon, a former U.S. president
remarked in an interview in 1985 that although the country’s
policy is not one of isolationism, the American people’s attitude
is still isolationist.
The attitude that “what happens over there should not concern
us over here” is still prevalent in the hearts of many Americans
who firmly believe that America’s perspective on the world is
so different from that of Europe, Asia and other societies that
we should not be so involved in their affairs. This is especially
prevalent in the hearts of those who believe that it is totally
inappropriate for America to be involved in wars in other parts

of the world. Many believe that America can advance the cause
of freedom and democracy by means other than war.
American isolationism never meant disengagement from the
world stage. This would have certainly been inconsistent with
policies, which were used to justify advancing America’s
territorial, ideological and economic interests in other parts of
the world. Indeed, America expanded its involvement and
interests in a global economic/industrial presence in Asia as
well as South America. It did so by avoiding entangling
alliances with other countries. Although America entered World
War One with the view that we needed to be involved to “make
the world safe for democracy” we refused to join the League of
Nations and ratify the Treaty of Versailles.
The spirit of George Washington’s Farewell Address lingered
long in the hearts of many Americans. “The great rule of
conduct for us, in regard to foreign nations, is in extending our
commercial relations, to have with them as little political
connection as possible. Europe has a set of primary interests,
which to us have none, or a very remote relation. Hence she
must be engaged in frequent controversies the causes of which
are essentially foreign to our concerns. Hence, therefore, it must
be unwise in us to implicate ourselves, by artificial ties, in the
ordinary vicissitudes of her politics, or the ordinary
combinations and collisions of her friendships or enmities.”
This perspective lingered long in the hearts of Americans and
was reflected in America’s political isolation from the rest of
the world although it became intimately and inextricably
involved in commercial entanglements. Although America
claimed that it did not violate its creed by colonizing or
controlling the governments of other countries it was a
dominant player in their economic affairs. This led some
observers to ask the question: “Who owns a country- he who
owns the government or he who owns the economy”.

Although economic involvement was heavy for the purpose of
promoting U.S. industrial interests abroad political isolation
persisted into the 20th century. During the 1920s America
isolated itself as it protected and shielded American
manufacturers by imposing tariffs on foreign goods. It also
restricted immigration into the country by imposing quotas. By
1929 only 150,000 immigrants per year were allowed.
During the 1920s and 1930s many Americans remained opposed
to enmeshment in Europe’s alliances and wars.
On an early Sunday morning, December 7, 1941, America was
forced to join the world as the empire of Japan attacked in Pearl
Harbor. “ A day that will live in infamy” so declared President
Roosevelt, also
World War II, American leadership in creating the United
Nations and the “cold war” rivalry that followed and
preoccupied the countries policies traditional American
isolationism.
BUT BEWARE. THE ISOLATIONIST ATTITUDE OR POINT
OF VIEW HAS NOT COMPLETELY DISAPPEARED FROM
AMERICAN DISCOURSE. ALTHOUGH THE WORLD HAS
BECOME FLAT AND CHANGED WITH THE TRIUMPH OF
URBAN INDUSTRY AND FINANCE, EXPANDED
EDUCATION AND INFORMATION SYSTEMS, ADVANCED
MILITARY TECHNOLOGY AND LEADERSHIP BY
INTERNATIONALISTS A SPIRIT OF ANTI-GLOBALISM
STILL PREVAILS IN THE HEARTS AND SOULS OF MANY
AMERICANS. ALTHOUGH THE WORLD HAS BECOME A
MUCH SMALLER NEIGHBORHOOD WHERE OUR
NEIGHBOR IS ALSO A PERSON LIVING MORE THAN
FOUR THOUSAND MILES AWAY IN EUROPE, ASIA OR
ELSEWHERE WE HAVE NOT YET FIGURED OUT THE
FORMULA FOR BEING ‘GOOD NEIGHBORS’. THIS

REMAINS A CHALLENGE FOR AMERICANS IN THE 21st
CENTURY.
NATIVISM.
Nativism is a twin of isolationism. It is a form of intense
nationalism, which is predicated upon a point of view that
America is so special it must not be corrupted by the values of
external groups whose ways of life are different from home
grown Americans. It is a combination of the fear and hatred of
“aliens”.
The sources of “nativism” are many. The following represent
the most prevalent.

1. ETHNIC ORIGINS. The earlier settlers were European
Anglo Saxons who must be credited with the values, which
underlie the American Creed. Many held the perception that
their ethnic origins were superior to other groups. Therefore,
they should be the dominant players in shaping the future of
America.
2. PHILOSOPHICAL ORIGINS. There existed and still
prevails a fear that people from “authoritarian cultures” are
likely to betray the spirit of democracy and a people centered
government and society.
3. RELIGION. In America’s earlier history Catholics were the
targets of attack. There was the fear the Catholics would be
apostles of the Pope and America would become a puppet of
Rome. Of course this was a fear without a foundation. In the
current time that fear has been replaced with Islam phobia.
Again, this fear is fueled by ignorance. Most people who are so
possessed don’t have a clue about the religion of Islam.
4. RACISM. This source of nativism stems from America’s
creation of a system of racism. America was the first country in
the history of the world to legislatively create and judicially
endorse a “race based slave system”. This system was created
for two purposes. The first was to philosophically justify a
system that was fundamentally at odds with the American
Creed. The second purpose was to make the race based system
of slavery work. The emphasis of this “system” was faked belief
in the ‘biological superiority’ of white/Anglo Saxon Europeans.
The ‘system’ in creating a culture of hate and exclusion actually
enslaved all Americans.
5. POWER. People who hold power will resist its loss. In a
republic or representative democracy, such as America, power
has a direct relationship to population diversity and
demographics. As the Anglo - Saxon population begins to lose
its majority status in America, the fear of the loss of power
dominates the nativist agenda and fuels the fears associated
with it. Thus there is an elevated resistance to “foreigners’”
immigrating to America.

6. NATIONAL SECURITY. The most blatant example of this
form of nativism is reflected in times of war. World War One
and
World War Two are great examples. Even citizens of the ethnic
origin associated with combatant countries were officially and
unofficially targeted and penalized. Today, with the high
interest on fighting terrorism and belief that ‘religious
terrorism’ is America’s major enemy nationalism is on the rise.
Cultural mythology fuels this storm and targets individuals as
well as groups who are perceived to be national security threats
only because they are members of a group.
7. ECONOMIC COMPETITION. Throughout America’s history
there has been the fear that immigrants who are obliged and
willing to work for low wages will negatively affect the
economic welfare of other citizens. This was the foundation
argument of the Chinese Exclusion Act of the 1880’s and the
Japanese Exclusion Act at the beginning of the twentieth
century.
8. DIVERSITY/THE OTHER. Diversity has become America’s
greatest asset as it becomes a global village. In spite of that fact
many people see it as a curse to be feared. ”E Pluribus Unum,”
out of many comes one, is America’s motto. Many people see
“diversity color blindness” to be the answer. Is it? We need to
find a way to promote “appreciation of the other”. When we do
so, America will have matured.
Although Nativism is an attitude buried in the souls of many
Americans, parading under the balance of presumed legitimate
patriotism, it is not a policy officially embraced in the laws and
policies of America. Nevertheless, extreme nationalism is
narcissistic and dangerous in a world that is globally flat. When
it is manifested in a hatred of outsiders/foreigners and when
immigrants and prospective citizens are scapegoated we violate
the spirit that gives America its exceptional character.

DIVERSITY
Today, America is a global village. That is a fact that cannot be
reversed.
President Franklyn D. Roosevelt reminded Americans, in 1943,
that diversity in America is more than ethnic. “The principle on
which the country was founded and by which it has always been
governed is that Americanism is a matter of mind and heart.

Americanism is not, and never was, a matter of race and
ancestry. A good American is one who is loyal to this country
and to our creed and democracy.”
E PLURIBUS UNUM
(America’s Motto)
The source of this motto is Virgil. He describes a recipe for
salad-“garlic, parsley and raw vegetables, seasoned with cheese,
salt, colander and sprinkled with vinegar and oil. The
ingredients remain separate but harmonious.”
AMERICA IS A SALAD BOWL. IT IS NOT A SOUP PUREE
OR FRUIT SMOOTHIE”.
The challenge in the American character is to find harmony
between individual aspirations and achievement of the common
good. All Americans have a stake in the outcome and all have a
fair chance to win and to rise as high as their abilities will take
them.
To use another metaphor we may prefer to think of each
American individual as a candle. America’s philosophy is that
each candle has a right to shine and to acquire the capacity to
shine, as well. What is the responsibility of ‘the group-the
government’ to assist in the acquisition of this capacity? Should
we, the group, provide the equal opportunity for this candle to
shine or are we morally obligated to provide access to the match
so that everyone who wishes may light his/her candle? This is
the question. It is also the challenge to understand the
inalienable right to “the pursuit of happiness.”
Understanding diversity in America must begin with
acknowledging there is no single American way of life. Instead,

there is American WAYS OF LIFE. Diversity in America is not
just about ethnic heritage. It is more about the diversities of
cultures. CULTURE all/everything that you are- your manner of
speaking, your world view, your life style and all that defines
you as a person.
To become an American does not require you to abandon your
total cultural history. We should replace the discussions about
‘ethnic diversity’ with one centered on ‘cultural pluralism’.
America has become “not one people” but a federation of
different nationalities and culture groups.
YOU ARE REQUIRED ONLY TO EMBRACE THE BASIC
AMERICAN VALUES EXPRESSED IN THE AMERICAN
CREED: a word: LIBERTY, a tendency: EQUALITY and a
method: DEMOCRACY.
THE ABOVE IS THE GLUE THAT HOLDS ALL THESE
AMERICAN WAYS OF LIFE TOGETHER. IT IS WHAT
MAKES DIVERSITY WORK SO WELL. THIS IS ALL THAT
DEFINES THE “AMERICAN RACE”.
America is generally described as a “melting pot”. A dentist in
Australia wrote the following published on the Internet.
“An American is English, French, Italian, Irish, German,
Spanish, Polish, Russian or Greek. An American may also be
Canadian, Mexican, African, Indian, Chinese, Japanese, Korean,
Australian, Iranian, Asian or Arab, or Pakistani or Afghan.
“An American may also be a Comanche, Cherokee, Osage,
Blackfoot, Navaho, Apache, Seminole or one of the many other
tribes known as Native Americans
“An American is Christian, or he could be Jewish or Buddhist or
Muslim. In fact there are more Muslims in America than in
Afghanistan. The only difference is that in America they are
free to worship as each of them chooses.
“An American is also free to believe in any religion. For that he
will answer only to God, not to the government, or to armed

thugs claiming to speak for the government and for GOD.
“An American lives in the most prosperous land in the world.
“The root of that prosperity can be found in the Declaration of
Independence, which recognizes the GOD given right of every
person to the pursuit of happiness………….
“The national symbol of America, the Statue of Liberty,
welcomes your tired and your poor, the wretched refuse of your
teeming shores, the homeless, tempest tossed. These, in fact, are
the people who built America. Some of them were working in
the Twin Towers the morning of September 11, 2001. The
victims were from at least thirty different countries….
“Americans are not a particular people from a particular place.
They are the embodiment of the human spirit of freedom.
Everyone who holds to that spirit everywhere is an American.”
The words “E Pluribus Unum” symbolize the character and
spirit of America’s diversity. The source of this motto is the
poet Virgil who describes a recipe for salad: “garlic, parsley,
rue and onions seasoned with cheese, salt, colander and vinegar
and finally sprinkled with oil. The ingredients remain separate
but harmonious”. America is a salad bowl and not a soup puree.
The challenge in America is to develop an “appreciation” rather
than just a tolerance for its multiple diversity. The American
Character is further challenged to find harmony between
individual aspirations and achievement of the common good.
Every person has a stake in the outcome and every person has a
fair chance to win. This is the America all aspire to see.
Time Magazine, in a Special Issue, published in the fall, 1993,
captures the theme “The New Face of America”. Although
written more than fifteen years ago this publication still merits
serious study. It highlights themes, which are still current and
examines issues, which challenge us to look hard and reflect on
who America is today and is likely to be tomorrow. Time
describes America as the “World’s first multicultural society.”
The implications of this descriptor are awesome. If America is,
indeed, the world’s most authentic multicultural neighborhood,

it behooves all Americans to understand what it means to be a
“global neighbor”.
We must study the application of cultural diversity to the
growth of America and examine its implications for America’s
moral leadership in a global society in which diversity is a
blessed virtue.
Let us study the trends in the last and current decade.
· Same sex marriage has now been nationalized.
· In 2012 we elected, in Wisconsin, the first openly gay senator.
· Several states have legalized marijuana and others are likely
to follow.
· A record number of women now serve in the U. S. Senate.
· A record number of Asian American and Latinos have been
elected to Congress.
WHAT DOES THE ABOVE TELL AMERICA ABOUT ITSELF?
· We are redefining what it means to be an American.
· Americans want a more culturally inclusive government-one
that looks more like America.
David Simons. a noted TV producer/journalist, predicts:
“America will soon belong to the men and women… who can
comfortably walk into a room and accept with real comfort the
sensation that there are no real majorities, only pluralities and
coalitions. Those who do not understand (this reality) will
either be obligated to accept the changes or retreat to the gated
communities from which they wish to wax nostalgic and brood
on political irrelevance.”
How do all the different cultural constituencies find common
ground and coalesce? How do we use this cultural diversity to

promote “appreciation of the other”?
We argue that the American appreciation of its cultural
diversity is America’s gift to the world. It is also America’s
greatest strength that will prevent any demagogue from
successfully hijacking ‘American democracy’ by appealing to a
“general will” of the American nation or state. The only general
will s the tie that binds- THE AMERICAN CREED.
IMMIGRATION: COMPREHENSIVE IMMIGRATION
AGENDA
The following elements comprise the discussions on a
Comprehensive Immigration Policy.

1. UNDOCUMENTED IMMIGRANTS
*Amnesty
Without penalty?
With penalty?
*Deportation
Re-entry after deportation
*Pathway to citizenship (Different from those who enter the
country legally?)
2. BORDERS-entry rules
*Why are the rules important? (Answer: American is a country
that is governed by laws, written and published.)
*Identifying the weaknesses that enable people to enter the
country illegally
*Correcting these weaknesses so that the borders are secure.
*Should persons who enter illegally be treated as criminals?
* Should parents of children born in the United States be given
preferred status?
3. QUOTAS
Should a policy include quotas for each country?
Is the Comprehensive Immigration Bill -1926 a good model?
(For example: Use the census of a previous period to
calculate the percentage of a given nationality within the U.S.
population. Use that percentage as the quota for that
nationality.)
Should quotas include the following considerations?
· Ethnicity (regardless of country of origin)
· Religion (regardless of country of origin)
· Political relationship of country of origin (e.g. Allies or
Adversaries)
4. PREFERENTIAL TREATMENT: Should preferred treatment
be accorded persons in the following categories?
· Persons whose family member(s) are already U.S. Citizens
· Persons who wish to marry a U.S. citizen

· Persons who have skills that would enhance the U.S. labor
market pool or would respond to shortages in the pool (e.g.
Nurses)
· Students educated in U.S. universities/colleges.
· Political refugees
5. AUTOMATIC EXCLUSION: Are there categories, which
should automatically disqualify a person from applying for a
visa or for citizenship?
· Political opponents of U.S. policies
· Persons convicted of a crime or misdemeanor anywhere in the
world
· Persons who have publicly expressed views that are
considered offensive to “American Values” (What are they and
who decides the views are offensive?)
6. HOLDING PUBLIC OFFICE (other than the President of
the United States)
Should there be restrictions?
7. GUEST WORKERS – Persons sponsored by corporations and
are restricted to employment in the sponsoring entity. Such
visas are employment and time restricted.
8. POLICIES that promote “assimilation and American values”.
· English language proficiency
· Evidence of understanding the American Creed or (required
seminar on related subjects)
· Ethnic enclaves (Policies that discourage their existence or
promote their demise)
· Response to the meaning of E Pluribus Unum: Should America
be a salad bowl or a fruit smoothie?
· Should America be a Commonwealth of National Cultures – a
Democracy of Nationalities or One American Race? What does
this mean?
Top of Form

Bottom of Form
Bottom of FormComprehensive Immigration Reform
What's So Comprehensive About It?
One of the key buzz phrases in the federal illegal immigration
debate is "comprehensive immigration reform." Some legislators
say they support it, while others describe it as code for amnesty.
What gives?
Two Approaches to Immigration:
Comprehensive immigration reform represents a combination
of, or compromise between, two approaches to illegal
immigration: the law enforcement approach and the human
rights approach.
The Law Enforcement Approach:
According to the law enforcement approach, illegal immigration
demonstrates that our immigration system is broken because
people are able to bypass the process and live here anyway. The
law enforcement approach attempts to solve this problem by
securing the border and enforcing existing immigration policy
on undocumented immigrants who already live here.
The Human Rights Approach:
According to the human rights approach, current laws governing
immigration are cruel and impractical.
The human rights approach emphasizes the question of what
happens to the 12 million undocumented immigrants who are
already here, some of who are adults who have been here since
childhood. The human rights approach attempts to address their
needs by creating a path to legal immigration for undocumented
immigrants already resident in this country.
Neither Approach Works in Isolation:
A pure law enforcement approach to immigration would be
inhumane and impossible to put into effect. But a pure human

rights approach to immigration would allow anyone from poorer
nations to immigrate to the wealthier United States to achieve a
higher standard of living, which would create long-term
economic problems on both a domestic and international level.
A Comprehensive
Solution
:
Comprehensive immigration reform favors giving a citizenship
path to the 12 million undocumented immigrants already here
while simultaneously putting policies into effect to discourage
future undocumented immigration. These policies often include
increased border security and employer sanctions for the hiring
of undocumented immigrants.
The Amnesty Claim:
Those who describe comprehensive immigration reform as
"amnesty" tend to have a strict law enforcement approach to
immigration, and are generally out of sympathy with the
objectives of the human rights approach.
Question: What is Illegal Immigration?
Answer: Illegal immigration is the act of living in a country
without government permission.

In most U.S. contexts, illegal immigration refers to the presence
of 12 million undocumented Mexican-American immigrants in
the United States. Lack of documentation is what makes illegal
immigration illegal; Mexican workers, recruited by U.S.
corporations since the 1830s, have historically been allowed by
the government to cross the border to work indefinitely--
initially on railroads, later on farms--without interference.
Lawmakers have recently made more of an effort to enforce
immigration paperwork requirements, partly as a result of
terrorism-related fears stemming from the September 11th
attacks, partly because of the emergence of Spanish as a second
national language, and partly because of concerns among some
voters that the United States is becoming less demographically
white.
Efforts to crack down on immigration paperwork violations
have made life more difficult for U.S.
Latinos, three-quarters of who are U.S. citizens or legal
residents. In a 2007 study, the Pew Hispanic Center conducted a
poll among Latinos in which 64 percent of respondents stated
that the immigration enforcement debate had made their lives,
or the lives of those close to them, more difficult. Anti-
immigration rhetoric has also had an effect on the white

supremacist movement. The Ku Klux Klan has reorganized
around the issue of immigration, and is subsequently
experiencing tremendous growth. According to FBI statistics,
hate crimes against Latinos also increased by 35 percent
between 2001 and 2006.
At the same time, however, the current state of law with respect
to undocumented immigrants is unacceptable--both because of
the security risk posed by a completely porous border, and
because of the marginalization and labor abuses that
undocumented immigrants often encounter. Efforts have been
made to extend citizenship to undocumented immigrants under
certain conditions, but policymakers who favor large-scale
deportation have so far blocked these efforts.
IT IS CLEAR THAT IMMIGRATION REFORM IS
NECESSARY BECAUSE THE SYSTEM, AS CURRENTLY
IMPLEMENTED IS NOT WORKING. IF GLOBAL
PLURALISM IS THE AMERICAN GOAL A WORKABLE
IMMIGRATION POLICY IS THE HIGHWAY AS WELL AS
THE LAMP THAT MUST LEAD US. IT IS THE ONLY
APPROACH CONSISTENT WITH A NATION THAT IS
DEFINED BY THE RULE OF LAW.

1
How to Brief a Case Using the “IRAC” Method
When briefing a case, your goal is to reduce the information
from the case into a format
that will provide you with a helpful reference in class and for
review. Most importantly,
by “briefing” a case, you will grasp the problem the court faced
(the issue); the relevant
law the court used to solve it (the rule); how the court applied
the rule to the facts (the
application or “analysis”); and the outcome (the conclusion).
You will then be ready to
not only discuss the case, but to compare and contrast it to other

cases involving a similar
issue.
Before attempting to “brief” a case, read the case at least once.
Follow the “IRAC” method in briefing cases:
Facts*
Write a brief summary of the facts as the court found them to
be. Eliminate facts that are
not relevant to the court’s analysis. For example, a business’s
street address is probably
not relevant to the court’s decision of the issue of whether the
business that sold a
defective product is liable for the resulting injuries to the
plaintiff. However, suppose a
customer who was assaulted as she left its store is suing the
business. The customer
claims that her injuries were the reasonably foreseeable result
of the business’s failure to
provide security patrols. If the business is located in an upscale
neighborhood, then
perhaps it could argue that its failure to provide security patrols
is reasonable. If the

business is located in a crime-ridden area, then perhaps the
customer is right. Instead of
including the street address in the case brief, you may want to
simply describe the type of
neighborhood in which it is located. (Note: the time of day
would be another relevant
factor in this case, among others).
Procedural History*
What court authored the opinion: The United States Supreme
Court? The California
Court of Appeal? The Ninth Circuit Court of Appeals? (Hint:
Check under the title of the
case: The Court and year of the decision will be given). If a
trial court issued the
decision, is it based on a trial, or motion for summary judgment,
etc.? If an appellate
court issued the decision, how did the lower courts decide the
case?
Issue
What is the question presented to the court? Usually, only one
issue will be discussed, but
sometimes there will be more. What are the parties fighting
about, and what are they

asking the court to decide? For example, in the case of the
assaulted customer, the issue
for a trial court to decide might be whether the business had a
duty to the customer to
provide security patrols. The answer to the question will help to
ultimately determine
* This applies to case briefs only, and not exams. Use the IRAC
method in answering
exams: Issue/Rule/Analysis/Conclusion.
whether the business is liable for negligently failing to provide
security patrols: whether
the defendant owed plaintiff a duty of care, and what that duty
of care is, are key issues in
negligence claims.
Rule(s):
Determine what the relevant rules of law are that the court uses
to make its decision.
These rules will be identified and discussed by the court. For
example, in the case of the

assaulted customer, the relevant rule of law is that a property
owner’s duty to prevent
harm to invitees is determined by balancing the foreseeability of
the harm against the
burden of preventive measures. There may be more than one
relevant rule of law to a
case: for example, in a negligence case in which the defendant
argues that the plaintiff
assumed the risk of harm, the relevant rules of law could be the
elements of negligence,
and the definition of “assumption of risk” as a defense. Don’t
just simply list the cause of
action, such as “negligence” as a rule of law: What rule must
the court apply to the facts
to determine the outcome?
Application/Analysis:
This may be the most important portion of the brief. The court
will have examined the
facts in light of the rule, and probably considered all “sides”
and arguments presented to
it. How courts apply the rule to the facts and analyze the case
must be understood in order
to properly predict outcomes in future cases involving the same
issue. What does the

court consider to be a relevant fact given the rule of law? How
does the court interpret the
rule: for example, does the court consider monetary costs of
providing security patrols in
weighing the burden of preventive measures? Does the court
imply that if a business is in
a dangerous area, then it should be willing to bear a higher cost
for security? Resist the
temptation to merely repeat what the court said in analyzing the
facts: what does it mean
to you? Summarize the court’s rationale in your own words. If
you encounter a word that
you do not know, use a dictionary to find its meaning.
Conclusion
What was the final outcome of the case? In one or two
sentences, state the court’s
ultimate finding. For example, the business did not owe the
assaulted customer a duty to
provide security patrols.
Note: “Case briefing” is a skill that you will develop throughout
the semester. Practice
will help you develop this skill. Periodically, case briefs will be
collected for purposes of

feedback. At any time, you may submit your case brief(s) for
feedback.
USING THE I-R-A-C STRUCTURE IN WRITING EXAM
ANSWERS
The IRAC method is a framework for organizing your answer to
a business law essay
question. The basic structure is: Issue, Rule, Analysis, and
Conclusion. Using this simple
framework for structuring your answer will ensure that you have
written a complete answer.
Issue Begin your answer by stating the issue presented by the
essay question.
Sometimes the question will provide the issue for you. If not,
then ask: What is
the legal question that, when answered, determines the result of
the case? The
issue should be stated in the form of a question in a specific,

rather than general
form: “Is there an agency relationship if there was no
compensation paid?”
would be an acceptable issue. “Will the plaintiff win?” would
not be acceptable.
Note that the issue may be case specific, mentioning the parties’
names and
specific facts of the case. Example: “Did Jones have an agency
relationship with
XYZ Corp. due to his acting on behalf of XYZ and following its
instructions?”
The issue can encompass all cases which present a similar
question. Example:
“Is an agency created whenever there is an employment
relationship?” Most
cases present one issue. If there is more than one issue to
address, then you must
write a separate IRAC analysis for each issue.
Rule The rule describes which law or test applies to the issue.
The rule should be
stated as a general principal, and not a conclusion to the
particular case being

briefed. Example: “An agency relationship is created when
there is an
agreement that the agent will act for the benefit of the principal
at the principal’s
direction or control regardless of whether compensation is paid”
would be an
acceptable rule. “The plaintiff was the defendant’s agent”
would not be an
acceptable rule. Do not use parties’ names or specific facts
from the case. Hint:
Frequently, the rule will be the definition of the principle of law
applicable in the
case. Example: An agent may not use or disclose confidential
information
acquired through the agency absent an agreement to the
contrary.
Analysis The analysis is the most important, and the longest,
part of your answer. It
involves applying the Rule to the facts of the problem or
question. You should
use the facts to explain how the rule leads to the conclusion.
Discuss both sides

of the case when possible. Important: Do not merely state a
conclusion without
also stating reasons for it. A conclusion without reasons or
explanation means
that you have not used the rule and the facts to analyze the
issue. Hint: The rule
can be used as a guide in your discussion. Example: Suppose the
issue is
whether A is an independent contractor. Using the facts of the
case, explain
whether or not they fit into the definition of what is an
independent contractor:
“In this case, A was told by the foreman what to wear, how to
operate the
machine, and when to report to work each day, giving her little
control over the
job.” If the rule is a test with multiple factors, then you must
analyze each factor
by pointing out how the facts do (or do not) fulfill each factor.
Conclusion The conclusion is your answer to the Issue. State
the result of your analysis.
Examples: “Smith is liable for negligence” or “Therefore, no

valid contract was
formed between X and Y.” If there are multiple issues, there
must be multiple
conclusions as well.
SAMPLE IRAC ANALYSIS
Caroline was employed as a receptionist for ABC Corporation.
Her desk was located
at the entrance of the corporate office and her duties were to
greet customers, answer
telephone calls, sort mail, and respond to general requests for
information about ABC. One
day, while all of the managers of ABC were out of the office, a
representative of XYZ
Insurance Co. stopped by to solicit ABC as a new client. He
told Caroline that he wanted to
find out whether ABC might be interested in canceling its
present employee health insurance
plan and adopting a plan provided by XYZ. Although Caroline

explained that none of the
ABC managers were in the office, the XYZ representative
nevertheless described his
company’s health insurance plan in detail. When Caroline
reacted by stating that XYZ’s
plan sounded better than the current ABC plan, the XYZ
representative immediately
produced a contract for Caroline to sign. Reluctantly, Caroline
signed the contract accepting
the offer to adopt XYZ’s insurance plan. If XYZ seeks to
enforce the contract against ABC,
is ABC bound to the contract?
ANSWER
Whether the insurance contract is binding on ABC Corp.
depends on whether A had actual or apparent authority to
enter into it. Actual authority is the agent’s power or
responsibility expressly or impliedly communicated by the
principal to the agent. Express actual authority includes the
instructions and directions from the principal, while implied
actual authority is the agent’s ability to do whatever is
reasonable to assume that the principal wanted the agent to
do to carry out his or her express actual authority. Here,

Caroline’s express authority was to answer phones, direct
messages, collect and sort the daily mail, greet visitors, and
schedule appointments for the company managers. Her
implied authority was to do anything reasonably related to
performing those duties. She was not given any express
authority to sign contracts, and signing contracts was not
related to or implied in her duties as a receptionist.
Therefore, Caroline had no actual authority to bind ABC to
the contract.
Apparent authority arises when the principal’s conduct, past
dealings, or communications cause a third party to
reasonably believe that the agent is authorized to act or do
something. In this case, ABC did not communicate to XYZ
that Caroline had authority to enter into an insurance
contract, and no facts suggest that ABC and XYZ had done
business in the past. The nature and typical responsibilities
of Caroline’s position as a receptionist does not make it
reasonable for the XYZ representative to conclude that she
was empowered to select and approve health insurance
plans for ABC’s employees. Thus, Caroline had no
apparent authority to authorize the contract. Because
Caroline did not have either actual or apparent authority to
sign the contract, it is not binding on ABC Corp.

EXPLANATION
First, the main issues to be
addressed are stated.
Next, the applicable rules of law
or legal tests to be used in
analyzing the issue are explained.
The rule of law or legal test is
applied to the facts. Note that the
facts are not merely repeated;
rather, they are linked to elements
of the rule or test as evidence to
explain and justify the ultimate
conclusion that there is no actual
authority.
Conclusion as to the first issue.
The general rule of law to be
applied in analyzing the next
issue is stated.

The rule is applied to the facts.
Note that the facts mentioned are
those that relate to the definition
of apparent authority.
Conclusion for the second issue.
An overall conclusion is reached
as to the issue of liability.

IRACWhat is it· Issue, Rule, Analysis, Conclusion · Met.docx

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