How to find the issue in your scenario

According to the IRAC method, when answering a problem-style, scenario-based question in law, the first thing you need to do is determine the legal issues involved. Generally speaking, problem-style questions don't pose a question directly, but rather rely on your legal knowledge to pinpoint the key legal issues you will have to deal with. You really need to identify and name the legal issues first, because without identifying them you will not know what legal rules apply to the scenario or how to advise the persons mentioned in the scenario.

If you're struggling to identify the legal issues, then think about the legal questions that you would ask to ultimately determine the advice given to the people in the scenario. The trick is to make those questions specific. For example, "Will the defendant win the case?" isn't an acceptable legal issue. It is way too general and refers to the overall outcome of the potential case that a person mentioned in the scenario might have against them. It is not specific enough and because of that it doesn’t help you find out what legal rule applies to the scenario. On the other hand, "Was the contract binding if there was no consideration?" is an acceptable legal issue. There are specific cases in contract law that explain whether a contract is indeed binding when there was no consideration.

Finally, keep in mind that there is likely to be more than one legal issue in each problem-style question you will be dealing with. In fact, usually there are around 3 to 5 legal issues in a standard problem scenario. In order to get a decent mark, you will have to identify every single legal issue and provide separate rules and analysis for each of them.

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What is the rule applicable to your question

The "Rule" in the IRAC method refers to the law applicable to the legal issues you have identified in your problem-style question. Identifying the legal rule that applies to your scenario involves some digging through your study materials to find the right cases and/or statute sections, that will help you answer the legal question(s) which you asked in the first step. You should state the rule as a general principle and not as a conclusion to the scenario you are attempting to answer.

For example, one legal rule from the case of Thomas v Thomas states that in contract law “consideration” is something which must be of value in the eyes of the law. This would be one of the legal rules which you would have to use in order to answer the example legal issue mentioned earlier in this article: "Was the contract binding if there was no consideration?". But it would by no means be the only legal rule applicable to that issue. You would no doubt also have to explain other rules related to contract law derived from a variety of other cases. For example, you would start by explaining that a binding contract consists of an offer, acceptance and consideration. You would then discuss several different rules about whether a contract is binding when there is no consideration.

Identifying the relevant legal rules and mentioning them at this stage of solving your problem scenario is important, because it gives you the clarity to analyse the scenario and apply the correct rules to find the right conclusion. It also demonstrates to your lecturer that you can distinguish between the legal issue and the legal rule applicable to the scenario, which is a very important skill for any law student or professional.​

How to do the analysis of the rule

When using the IRAC method, "Analysis" will be the longest and most important part of your answer. Here you will apply the rule to the specific facts in the problem scenario. You will need to rely on the facts to describe how the rule you are applying can result in a conclusion. It is especially essential that you consider arguments for both sides.

Most importantly, make sure that you are not just stating a conclusion without mentioning any justifications for it. If you do that, you will not really be applying the IRAC writing method. For example, if you end up with a conclusion that was not backed by any explanation, then this means that you have not really applied the legal rules to the facts in the problem scenario to properly analyse the legal issues identified.

When analysing the legal rules applicable to the scenario, you will likely have to call on the facts of specific cases which you identified. The best way to use those cases is to compare and contrast the facts in those cases with the facts in the problem scenario. Then, you should look at the decision in the case and figure out whether the court would be likely to make the same decision if they were faced with ruling on the facts included in the scenario. The simple rule here is that if the facts of the scenario are similar enough to the facts of the case, then the judges would be likely to follow the decision in a previous case.​

How to write the conclusion of your answer

The final step in using the IRAC method is writing a conclusion that explains the most probable outcome. You will reach a Conclusion by applying the Rule to the Issue and conducting your Analysis. State the outcome of your analysis in a clear and concise manner. For example, "The contract between the parties is likely to be void" is a good example of a well-formulated conclusion. Don't forget that the outcome cannot be vague. It has to be transparent and clear.

​However, you can still use words such as “is likely to” if there are certain parts of the scenario which do not provide sufficient information for you to be sure of the conclusion. You can also mention that although something “is likely to” happen, whether or not it will happen depends on X, Y and Z. Just make sure that you have discussed those X, Y and Z factors when analysing legal rules and applying them to legal issues.​

Final word

Answering scenario-based law questions can be a bit tricky because those types of questions are hardly ever straightforward. But using the IRAC writing method can help you structure your answer and guide you through the way in which you should deal with the problem scenario. The best way of using IRAC involves going through the steps mentioned above. Although the IRAC method isn't the only way to solve problem-based questions in law, it is used widely because it can be helpful for law students in terms of identifying the issue, applying the rule, conducting an analysis of the scenario and reaching the final conclusion. It breaks down the problem into four logical steps, making it easier for students to present their argument step-by-step.