How to solve legal problems PDF

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How to solve legal problems IRAC 1. What are the legal Issues arising from the facts? (Focus with it’s jurisdiction e.g. Tort Law stick to Torts) 2. What are the legal Rules? (To identify the legal rules have to understand the law very well) 3. What is your Argument? (Apply the law to the facts.) 4. What is your Conclusion? If you have multiple issues, deal with them one at a time (using IRAC for each). The most important skill in answering a legal problem is being able to spot the legal issue(s) being raised. Always stick to the body of law in regards to the question don’t get off track by ‘red herring’ issues. E.g. Torts stick to torts, criminal law stick to criminal law. Start with one issue, do IRAC, then second issue IRAC, then third issue IRAC. What are the relevant facts? Even if you’re 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 you help you do this:  Who is involved? (Identitfy parties specifically by name, if possible)  Who suffered?  How?  Why?  What is the known (relevant) information?  Is there any missing information  Include specific details like dates and monetary figures (don’t get too caught up never actually need to give the actual figures) E.g. If you’re asked to advise Joanna. List out all the arguments that may benefit her and disadvantage her. How Exams are typically written out: Use past cases and change some of the facts. This helps you understand how the law changes. How to prepare for exams: Brief summary of each case. Bring it into exam when a case looks alike recall it and find it in your notes. What are the legal rules?  Set out the legal principles that will be used to address the problem  You need to know the legal principles from the cases and legislation relevant to the facts

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The ‘vibe’ of the law won’t suffice Name of the act, what section, act number, subsection(s), underline sections/highlight case names

Apply the law to the facts  State the legal principle clearly and briefly using cases and legislation  How will this law be used by each party to argue their case?  There are often several parties involved. Take the time to examine each case individual and analyse why their claims are (or are not) valid.  Legal Principles and precedent cases are used in each analysis, even if there is overlap among parties (the same precedent can be applied to both parties, if appropriate) Bill and X X is trolley collector and works for a small company Actual vs constructive facts High court and supreme court cases are very important for that specific body of law (highlight leading cases high and supreme). 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/obligated/responsible for what and to what extent  Consider how parties could have acted to better manage their risks in order to avoid this legal problem “it is likely, never sure, it is probable Jim Philip – Contract Law problem (refer to lecture 4) The issues which arises in this problem are invitation to treat, counter-offer, the status of a promise to keep an offer open, revocation and the postal rule.  If something is being mailed, always think about the postal rule.  Invitation to treat Issue #5 – Does Philip’s posting of the letter create a contract between P and J? If so, when is the contract formed? In general, the offeror’s acceptance of the offer must be communicated to the offeror. The postal rule however, is an exception communicated to the offeror. The postal rule however is an exception to this. If the acceptance is posted, acceptance is complete to the moment the letter is placed in the post box. The postal rule was first set out in Adams v Lindsell. It applies even if the letter never arrives (Household Fire Insurance v Grant) though it will not apply if the letter was not properly stamped or addressed. If it was unreasonable at the time to use

the post or if the offeror expressly or impliedly stated that the rule would not operate (Holwell Securities v Hughes and Kelly v Cruise Cratering). According to the postal rule the acceptance would have taken effect the moment the letter was posted, therefore Jim would have had a valid contract to buy the house that night. Phillip’s letter telling Jim that the house had already been sold would have not have operated as revocation of his offer because it would already have been accepted. Thus, a contract came into existence between Jim and Philip the moment Jim posted the letter on Wednesday night.  

IRAC for each law principle being discussed. Conclude for each law principle after each law principle is being discussed Do not necessarily need to provide an overall conclusion but rather for each law issue being discussed

https://www.austlii.edu.au/ - law cases

Tips for reading a case  If a case has multiple judgements, look for the leading judgement that will be the ratio (legally binding)  All judgements will have their significance don’t overlook them Anatomy of a Case  Material Facts – Only the relevant issues pertained to its jurisdiction. E.g. if there is a material fact regarding age but the legal principle doesn’t pertain to age, it is not relevant  Issues  Rules (Ratio) – do not get confused with the outcome, only the ratio is binding the outcome of a previous case is irrelevant pertaining to the current case  Applications of rules to facts  Conclusion (finding or decision) McBain v Victoria (2000) 99 FCR 116  What are the material facts? o Meldra was a single woman who wanted to receive IVF due to her maritial status she was denied IVF treatment. McBain could not give her this treatment due to the conflict with Victorian State Act.  Issue? o What is a service o Issues - The legal questions you have to answer when you apply the law to the facts o Bits that are contested – if uncontested not really a legal issue  Ratio: o Where there is a direct inconsistent between a state and Commonwealth law, the state law shall be inoperative to the extent of the inconsistency....