Volume II, Chapter §3.5
 The Foundations of Legal Writing

Introduction to Legal Analysis

§3.5    


Introduction
This skill is what every lawyer learns in law school. If you say "IRAC" to any lawyer, he or she will know exactly what you mean.

Facts and the Law
When you research, you will look for cases that have two things:

Comparable facts, and relevant law.

Now, having said that, there is one more element that connects the facts to the law: issues. We will discuss the fact that it is ultimately issues that the researcher is looking for in case law research. Issues are questions of law that arise from the facts.

Thus, the easiest way may be to look at it as a triangle: The clients facts present a legal issue that must be answered by the law.

Distinguishing Cases
To distinguish is to "set apart" or "demonstrate differences." There may be times when another party has cited a case or statute that you want to show does not apply to the facts of your client's case. This is when you distinguish authority.

Breaking Rules Into Elements
Breaking rules into elements in order to more accurately apply them to client facts is a very important technique.

 

Paralegal Perspectives . . .

ELEMENTS OF RULES
I can't tell you how much I wish someone had taught me to break rules into elements as a beginning paralegal. I had to learn it on the street! It is not a difficult skill, but requires discipline. Take the time to separate statutes into individual elements, then apply each one to the facts before you. It is a skill that every attorney utilizes. You should, too!

Breaking rules into elements is a critical skill for both attorneys and paralegals, but it is not difficult. In fact, there is no exact science to it. The key is to make even the most complex rules more easily applied, because instead of needing to apply the entire rule all at once, the paralegal only needs to apply each element individually.

This not only makes the analysis easier, it makes the analysis more accurate. Consider this statement:

You don't have to understand a rule in order to apply it.

This is true because it is the individual elements that are most important in analysis. While you must understand each individual element, you do not need to understand the entire rule.

So use this technique. It is a skill that, while easy to obtain, will make you a much better paralegal.

Lecture Notes . . .

Legal Analysis
The Analysis portion of the memorandum is the heart of the document. These pages therefore concentrate on the skill of legal analysis.

These pages in the manual are fairly self-explanatory, but I want to include, again, the breakdown of the analytical process that was presented in the pages in the manual.

The Analytical Process

Introductory Statement (often called Issue)
This is a brief statement that hints as to where the researcher is headed. Don't be specific in the introduction. That would be like giving the punch line away. And don't quote the authority in the introduction. Be brief and somewhat general.

Rule: Providing facts, then quoting authority
Rule Facts: Give a brief summary of the facts of the authority being cited (unless you are citing a statute, which doesn't have facts). This is important to give the reader an idea of the perspective of the authority you are about to quote.

Quote the authority word for word. If you make any changes, such as placing words in italics or underlining, you must tell the reader that the emphasis was added.

Also, if the quote is more that 50 words, indent on both sides and single space. If you indent and single space, do not use quotation marks!

Apply the law to your facts
The most important part of analysis. Don't skimp here! Discuss how the quoted authority applies to your client and your facts. Discuss similarities and important differences. If you don't put effort into the application, your legal writing will be weak, and your attorney will not be impressed.

Conclusion
Within the analysis, you need to come to a conclusion as to how that specific authority helps answer the issue. There will also be a Conclusion for each issue at the end of the memorandum.

Analyzing Statutes
The most confusing part of analyzing statutes is the rule about And & Or. In a statute, when there is a portion that includes the word and. It indicates a new element of the rule. However, when a portion of the rule includes or, that indicates the if either part of that element (this or this) is applicable, then the whole rule is applicable.

Let's try an example: If we have a case where our client wants to adopt a baby, and the natural mother agrees, but the natural father objects would the following statute apply?

STATUTE: If a natural father or natural mother opposes giving a child up to adoption, the adoption may not proceed.

We would break the above statute into the following elements:

- If a natural father or natural mother
- opposes
- giving a child up to adoption,
- the adoption may not proceed.

The above statute indicates that if either the natural father or natural mother objects, the adoption will not proceed. Notice that where the word or occurs, that part of the statute stays together as a single element.

If, however, the statute had read:

STATUTE: If a natural father and natural mother oppose giving a child up to adoption, the adoption may not proceed.

We would break the above version of the statute into the following elements:

- If a natural father
- and natural mother
- opposes
- giving a child up to adoption,
- the adoption may not proceed.

This rule indicates that both the natural father and mother's objections are required to prevent the adoption. The word "and" breaks that part into two elements, each of which must be met. One little word can make a lot of difference!

Breaking the Rule Into Elements: USE THIS SKILL!
This is an important skill not only for paralegals, but for attorneys as well. But the key is to actually use it! Try to incorporate this skill whenever you see a rule or statute in the program.

The Exercise in Breaking Rules Into Elements
There is no exact right or wrong way to break a rule into elements. But if you have performed "elementization" satisfactorily, your answers should be correct.

About the word, "elementization." It is a "coined" word, and is used for a lack of a better description of the skill being developed. Whatever you call it, the skill of breaking rules into elements (specific to rules and statutes) is an empowering skill.

Try breaking the rules presented in the manual into elements, then determine, one element at a time, whether the statute is applicable to the facts presented.

Helpful Hints in Legal Writing
One of the most common student concerns is that "I don't know where to start" or "I don't know what words to use." A page on the back foldout of Volume 2 is designed to help students get started in each part of the IRAC method. One hint: Don't use the same phrase over and over again in your analysis. It will appear formulaic.


InterActive Study
  

Exercise

Analyzing Statutes

 

Commonly Asked Questions . . .

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More Commonly Asked Questions . . .

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About the Exercise in Legal Analysis
OK, let's give analysis a try! Using the case of French v. Fischer, provided for you in the Appendix of Volume II, analyze the following question:

Is the doctor liable for the negligent acts of the nurse?

You will need to read French v. Fischer first. And remember, at this point you are only creating the analysis for this one case, not an entire memorandum!

Try using Westlaw or Lexis to find French v. Fisher (even though it is printed in the appendix of the Manual).

After you have tried creating the analysis, click below to compare your analysis to the one we have drafted. Do not review this until you have tried it on your own! If you cheat, the point of the exercise will be lost.