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Monday, May 27, 2019

How to Brief a Case Using the “IRAC” Method

Located in an upscale neighborhood, then perhaps it could argue that its failure to return security patrols is reasonable. If the handicraft is located in a crime-ridden area, When briefing a subject area, your goal is to reduce the information from the case into a format that bequeath translate you with a helpful reference in class and for review.Most importantly, by briefing a case, you will grasp the problem the speak to faced (the issue) the relevant police force the accost occasiond to solve it (the rule) how the courtroom applied the rule to the facts (the application or analysis) and the outcome (the conclusion). You will then be ready to non 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. wed 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 courts analysis . For example, a bloods street address is probably not relevant to the courts decision of the issue of whether the business that change a defective product is liable for the resulting injuries to the complainant. 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 businesss failure to provide security patrols. If the business is then perhaps the customer is right. Instead of including the street address in the case brief, you may requisite 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 sight 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 yr of the decision will be given). If a trial court issued the decisio n, 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?IssueWhat 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 righteousness 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 owners duty to prevent misuse 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 danger of harm, the relevant rules of law could be the elements of negligence, and the definition of assumption of risk as a defense. Dont 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/AnalysisThis 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 fac ts and analyze the case must be understood in order to justly 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 present 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 courts rationale in your own words. If you encounter a word that you do not know, use a dictionary to find its meaning.ConclusionWhat was the final outcome of the case? In one or two sentences, state the courts ultimate finding. For example, the business did not owe the assaulted customer a duty to provide security patrols.

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