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hi, im taking a business law midterm in 10 minutes. i have

Customer Question
to brief the cases given...
hi, im taking a business law midterm in 10 minutes. i have to brief the cases given to me in IRAC format. how do i brief the defense in this format?
Submitted: 8 years ago.Category: Business Law
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10/1/2009
Business Lawyer: Law Pro, Attorney replied 8 years ago
Law Pro
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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?

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Customer reply replied 8 years ago
thank you for your help but i know what IRAC stands for, but when i am briefing an tort for example like battery, how do i incorporate the defense's case? i know how to do it if its just briefing the plaintiff. but what about the defendant? she said she would ask this on the test...
Business Lawyer: Law Pro, Attorney replied 8 years ago

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.

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Customer reply replied 8 years ago
thank you for your help, but thats not what im looking for. i still dont understand how to IRAC that but thanks. i guess i'll just have to wing it this time but i'll be asking you some more questions soon.
Business Lawyer: Law Pro, Attorney replied 8 years ago

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.

 

OR

 

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.

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