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新学期刚开始，选了Business Law的你课堂上是不是感觉在听天书？看到习题却没有solution，是不是一头雾水？看到assignment, 是不是还一窍不通无从入手？下面，小编简单介绍下论证法律问题时常用的IRAC方法，帮助大家入门。

 

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IRAC方法

由Issue、Rule、Application和Conclusion四部分构成。可以理解为识别问题、大前提、小前提、结果，是法律论证的基本论证模式。其中，大前提是一条或一些法律规则；小前提是争议中提出的事实，结论是大前提和小前提推导出来的法律结果。主要分为四步骤：1，识别出问题；2，找出能帮助解决问题的法律规则（Rule）3，将规则应用于相关事实（Application）4，就事实是否满足了法律规则达成结论（Conclusion）。具体如下：

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 presented by the facts. To find the issue, ask:” what is in controversy in these facts.” (Of course you need to know the law to find a legal question in the facts.) Use the “whether, when” structure to help you isolate and write an issue statement. Some professors might not want to see this particular language -“the issue is whether”. You achieve the same result with other words-“Did” or “Can”. Don’t get fixated on language. Follow your professor’s instruction, either way you achieve the same result: identification of the legal problem.

You should always use the following language to guide your thought process:” The issue is whether,”… then identify and state the legal conclusion you want the court to reach… Don’t committed a battery, (or an offer was made, or the court can assert personal jurisdiction)…and connect to the “relevant “ facts (the relevant facts being those facts which impact the outcome)…when he pushed pam even though he knew she was in no danger of being hit by the bicyclist ( or when he said,“ would you buy my watch for $500 in cash next Tuesday?” or when the defendant conducted business in the forum state, had an office and a full-time staff, and paid state taxes). When completed, the sentence will read:” The issue is whether Don committed a battery when he pushed Pam even though he knew she was in no danger of being hit by the bicyclist.”

 

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2. State the law

After you have the issue, you must articulate the rule. The rule and the facts are inextricably linked. Your analysis of the facts will not make sense unless you have first identified the rule which determines the legal meaning to be attributed to those facts.

Use building blocks for writing the rule of law, consider:

· Elements

· Definitions

· Exception to the general rule

· Limitation to the rule

· Defenses

When writing, follow a hierarchy of concepts by:

· Moving from the general to the specific

· Defining each legal term of art

Identify:

· The consequences of applyingthe rule- what will happen?

· What are the consequences ofthis rule in this situation?

Which leads you to consider:

What does application of the rule mean here? What will be its effect?

 

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3. Analyzethe facts in light of the law

The analysis or application is the heart of the discussion and sometimes works better combined with the rule. Your statement of the rule will deice your organization of the analysis. You simply match up each element you have identified in the rule (in order) with a fact, using the word “because” to make the connection between rule and fact.” Because” is the single most important word to use when writing the analysis. Using the word “because” forces you to make the connection between rule and fact. Also make use of the word ”as” and “since”- they serve the same function as “because” and sometimes will sound less redundant when used in the same paragraph as “because”.

4. Conclusion

Conclude each issue before drawing your final overall conclusion. There is no right or wrong answer, only logical analysis based on the rule and the facts which lead to a reasonable conclusion. Note: Repeat the process for each issue you identify- each issue forms the basis for a separate IRAC analysis.