IRAC Guide - DR Phuc

Viet Nam National University Faculty of Economic Law
The University of Economics and Law Dr. Đào Gia Phúc
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IRAC Guide
Legal problem solving becomes much easier when following a structured method. One of the most
simple and effective methods is IRAC. The following is a guide to help you use the IRAC method to solve
a hypothetical legal problem.
1. Issue(s)
2. Rule(s)
3. Application
4. Conclusion
Facts
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?

• How?
• Why? (was it avoidable?)
• What is the known (relevant) information? Is there any missing information?
• Include specific details like dates and monetary figures.
Issues
After identifying the essential facts of the case, you must correctly identify the legal issue. The legal issue is a
question that, once it is answered, will help solve the legal problem. To correctly identify the legal issue, you
should
• Identify the Plaintiff and Defendant
• Identify the problem: what has gone wrong and for whom?
• Work out what area of law may govern the resolution of the problem.
Sample Formula:
The issue is whether + (1) parties + (2) problem + (3) specific area of law (including case names
and/or specific legislation sections) + (4) relevant facts as they relate to the specific law that resolves
the dispute.
Good Example: Did/Whether (1) Newland (2) violate (3) the Article I:1 of the GATT 1994 (4) when it
discrimanted/treated differently between Richland and Oldland?

Dr. Đào Gia Phúc (LL.D.)

Bad Example: Did Newland break the law? – Not enough information.
Rules
Following the identification of the legal issue, you should

• Set out the legal rules and principles that will be used to address the legal issue(s)
• Source the legal rules and principles from cases and legislation
• Only use the legal rules and principles that are necessary to address the legal issues.
Good example:
The rule of law is that it is a violation of the MFN principle for a WTO Member to discriminate
among other Members. According to Article of I:1 of GATT 1994, there is a four-tier test of
consistency with the MFN treatment obligation, as follows:
i. whether the Newland’s measures is covered by Article I:1;

ii. whether that measure grants an “advantage”;
iii. whether the products from Richland and Oldland are “like products”; and
iv. whether the advantage granted by Newland is accorded “immediately and
unconditionally” to all like products concerned, irrespective of their origin or
distination;
Note: Make sure you are specific when stating the relevant legal rules and principles, and always cite the
sources of the relevant legal rules and principles.
Application
After identifying the relevant legal rules and principles, you should apply these legal rules and principles to the
facts of the case with a view to solve the legal issue. This is the most important part in your answer and
normally accounts for more than a half of your marks. In this part, you should
• Form your own position as to how the legal issue should be answered. In doing so, you should fully
explain and justify your position based on the relevant legal rules and principles that you have
identified in the “Rules” part.
• Explain clearly why the Complainant’s claims are (or are not) reasonable, based on the relevant legal
rules and principles that you have identified in the “Rules” part.
• There are sometimes several Respondents involved. Take the time to examine each case individually
and analyse why their claims are (or are not) valid.
• 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.
• ALWAYS justify the claims you make! WHY do you think so?
Note: Take time to discuss the contentious aspects of the case rather than the aspects that are most
comfortable or obvious.
Conclusion


• 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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What is the IRAC method and what are its components?

What steps should be taken to correctly identify the legal issues?

Viet Nam National University Faculty of Economic Law

The University of Economics and Law Dr. Đào Gia Phúc

• Who is involved? (identify parties specifically by name, if possible) Who suffered?

Following the identification of the legal issue, you should

i. whether the Newland’s measures is covered by Article I:1;

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