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Answering Problem Questions in Law: The “R” in IRAC

Joseph Chi-Lon Marler

Assistant Officer - Law Library

Answering Problem Questions in Law: The “R” in IRAC

‘Writing isn’t recording your thoughts; it's thinking on the page.’

Mastering the art of writing in the legal context is a fundamental part in one's legal journey. The ability to communicate legal concepts, arguments, and information in a clear, precise, and structured manner is pivotal.

The opening quote to this blog post is inspired by the book 101 things I learned in law school by Vibeke Norgaard Martin and Matthew Frederick. This publication provides a concise, accessible overview of important concepts and practices encountered in law school. An excerpt from this book that has spurred this post suggests that ‘a well-constructed argument rarely, if ever, resembles what one started with’. This insight highlights the meaningful shift from writing towards and validating a predetermined argument to a process of coming towards and uncovering a decisive conclusion. In other words...

You don't start with an answer; you discover it!

Now I will draw what personally feels like a sacrilegious comparison between law and maths. When studying maths at school, we are educated to demonstrate the steps we employed to resolve a given problem, a logical step-by-step approach that can bolster points made and stand up to scrutiny.

From this standpoint, the law is similar: it relies on rigorous logic to derive its conclusions. Specifically, in law, we may utilise frameworks such as IRAC to solve our legal problems and validate the subsequent argumentations. This is applicable both in academics and in practice.

IRAC is an acronym that stands for Issue, Rule, Application, and Conclusion. It is a structured method utilised in legal analysis to organise and present legal arguments in a clear and logical manner, promoting a perspective of persuasive discovery.

Image from 101 things I learned in law school 

A problem question in law is a hypothetical situation designed to assess your understanding and application of legal principles. The IRAC method is essential for these queries as it offers a systematic procedure to pinpoint legal issues, stipulate the laws, apply them to the issue, and deduce a conclusion. For a more detailed understanding of IRAC, I highly recommend Chapter 15, 'Answering Problem Questions', from Emily Finch and Stefan Fafinski’s book ‘Legal Skills’.

When it comes to resolving a problem question, the IRAC component that I wish to emphasise is Rule. Legal research underpins any legal argument. Thus, accurate sourcing of case law and statutes demonstrates a clear comprehension of the issue/s at hand, aids in the application of previous legal rhetoric, and substantiates a well-constructed conclusion.

Stating the law (be it from statute or case law) under the Rule component is crucial to the problem-solving process. To identify the relevant law for a specific legal problem, you will need to conduct thorough research to fortify the foundations of your understanding and argumentation.

Here are a few pointers for conducting legal research in relation to answering a problem question:

• Read textbooks: For a broad context, consult legal textbooks, particularly chapters that are most relevant to the legal issues you need to address within a problem question. If you are still struggling to comprehend the relevant area of law, you may refer to another textbook, as different authors may present legal issues in a manner that resonates better with your understanding.
• Cite whilst you write: During your research, be sure to accurately note down the statutes and case citations that you deem relevant to a given legal problem. Proper referencing is essential in validating your answers, so it is important to keep track of your sources.
• Following up on references: Legal texts often cite numerous different sources to validate their principles. Therefore, you should trace these leads to better understand and to independently verify the contents of sources you wish to use to form the basis of your arguments.
• Focus on the current law and its interpretation: It's easy to fall into the trap of researching the historical background of legal principles when conducting legal research for problem questions. This can help with background understanding, but should be saved predominantly for essay writing.
• Keep in mind the purpose of problem questions: These questions test your ability to apply the law, particularly to new and unique situations. Consequently, it cannot be presumed that you will always find exact or standardised answers for the legal issues you may encounter. Sometimes, there may even be room for conjecture regarding how the law might be applied in practice. In such cases, it is crucial to seek out law that upholds general principles that can be applied to your legal issue or law regarding similar circumstances to support your arguments.

If you seek further guidance on the topic of legal writing, you may consult the following page titled Legal Writing from The Law Guide.