The Basics of Legal Analysis
Chapter 2 introduces you to a basic format for legal analysis called the IRAC method (issue, rule, analysis, and conclusion). This method requires you to first identify the issue. Once the issue is noted, you need to state the applicable rule. Remember that a rule can be a constitution, statute, a case, a regulation, or an ordinance. Next, apply the rule to the issue identified in the first step. Finally, you will reach a conclusion based on the application of the rule to the issue. This will basically be the answer to the issue presented. This basic framework is a building block for analyzing any legal issue.
Using the IRAC process discussed in Chapter 2, please briefly discuss each step of the IRAC process using the hypothetical information provided below, which is also located on page 50, Assignment 3, of the textbook. Is there is sufficient evidence to support a charge of burglary? Make sure that your response to the question is based on a complete analysis of the IRAC process.
For your responses to other students’ posts, please discuss any section of the IRAC process that differs with your analysis and explain why you reached a different conclusion. Also, discuss which part of the IRAC process is the most important and why.
Client’s Facts: The client is charged with burglary. He broke a window, entered his neighbor’s garage, and took three cases of beer. The garage is a separate building located about six feet from the neighbor’s house.
Rule of Law: Section 2397 of the state penal code defines burglary as the breaking and entering of the dwelling house of another with the intent to commit a crime.
Case Law: In the case of State v. Nelson, the court ruled that “a dwelling includes outbuildings close to but not physically connected with a dwelling house, if such buildings are capable of being fenced in.”
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