Ask a Business Lawyer. Get Business Law Questions Answered ASAP.
This is what IRAC stands for - it is a well-known acronym.
I = What is the legal issue of the case? The issue is the legal problem presented by the facts of the case.
R = What is the rule of the case? The rule is the applicable law.
A = What was the court's analysis and rationale?
C = What was the conclusion or outcome of the case?
OK, you always have to look for the opposite.
For example - the following elements must be proven to establish a case for battery: (1) an act by a defendant; (2) an intent to cause harmful or offensive contact on the part of the defendant; and (3) harmful or offensive contact to the plaintiff.
As to #1 - the defendant wasn't the person who did it OR the defedant did perform an act
As to #2 - the defendant didn't have the specific intent to cause harm OR it wasn't offensive contact
As to #3 - there was no contact OR no offensive contact to the plaintiff
You have to know the elements of the cause of action and then go the opposite for each and every one of them you can make an argument - remember that - for each and every element you can make an argument.
The Issue will be - what the defedant is going to defend with. For example - can the plaintiff prove "intent" for the battery - they have to prove each and every element for the tort of battery.
will the issue be offensive contact -
One of the elements of the tort or crime or breach will always be questionable - did they prove it. In a breach of contract action - did the plaintiff actually suffer damages.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).