Firac Guide - delict PDF

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Summary

delict...

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FIRAC What is FIRAC? FIRAC is a method of legal analysis that helps students to solve legal problem questions.

F

acts

Which facts stand out as the most important or relevant to the problem. These



facts usually create the problem that you need to solve, they will be specific details that guide you as to how the question needs to be answered.

I

ssue



What is the problem/ what are the problems that need to be solved?



Sometimes there will be more than one issue. Identify these. This gives the reader an idea of what your answer will address.

R

elevant law

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The relevant law consists of legal principles as well as case law.

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The relevant law must relate to your issue.

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Are there general rules?

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Are there exceptions?

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What are the most important or relevant cases with regards to the issues raised?

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What was said in these cases?

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Here you are building up your “ammunition” to use in your argument in your application below.

A 

pplication

Apply the law to the facts and issues. How can the principles and cases that you mentioned above help you to solve the problem?

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At this stage, you will actually be solving the problem, showing the reader how you are using the laws and principles you stated above to do so.

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NB. Do not mention any new principles or cases that you have not mentioned in the R stage!!

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TIP: While the cases are important and your discussion of how they pertain to the facts is important, do not assume that in a question where the facts are similar to the case that the outcome will automatically be the same. Make sure you still apply your mind to the question.

C

onclusion



This is where you state your final answer.

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TIP: Tie your conclusion in with your issue. Your aim when concluding should always be to answer the question that has been set and to the question that your issue has created.

Go to: http://libguides.uwc.ac.za/c.php?g=866133&p=6539142 for a more detailed version. These instructions are on how to use IRAC, which is the same as FIRAC, just without the first part....