国际金融法IRAC分析法英文介绍_主成分分析法英文介绍

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Following is an abridged version from

(acceed June 2011)

The IRAC Formula

IRAC(Iue, Rule, Analysis, and Conclusion)forms the

fundamental building blocks of legal analysis.It is the

proce by which all lawyers think about any legal

problem...ISSUE

RULE

ANALYSIS-> What facts and circumstances brought these parties to court?-> What is the governing law for the iue?-> Does the rule apply to these unique facts?

CONCLUSIO-> How does the court's holding modify the rule of law? N

Iue SpottingWhat is the Law?

“The iue is covered by a Rule of law.”

Simply put, the rule is the law.The rule could be common law that was developed by the courts or a law that was paed by the legislature.The trap for the unwary is to stop at the rule.Although the rule is the law, the art of lawyering is in the analysis.[Note that sometimes the rule of law can be unclear or the facts do not make it clear which rule applies.In those

circumstances you have to let the examiner know that there is debate about the law, or point out what facts you need to be able to say which rule applies.]

Analysisworth of good and whether there's a written contractTake a Position

“From the analysis you come to a Conclusion as to whether the rule applies to the facts.”

The conclusion is the shortest part of the equation.It can be a simple “yes” or “no” as to whether the rule applies to a set of facts.A clever profeor will often give you a set of facts that could go either way in order to see how well you analyze a difficult iue.The mistake many students make is to never take a position one way or the other on an iue.Most profeors want you to take a position and support it in order to see how well you analyze.Another common mistake is to conclude something without having a basis for the opinion.In other words, students will

spot the iue, state a rule, and then form a conclusion without doing the analysis.Make sure that whatever position you take has a firm grounding in the analysis.Remember that the position you take is always whether or not the rule applies.If a rule does not apply, don't fall into the trap of being conclusive on a party's liability or innocence.There may be another rule by which the party should be judged.In other words you should conclude as to whether the rule applies, but you shouldn't be conclusive as to whether some other result is probable.In that case, you need to raise another rule and analyze the facts again.In addition, the conclusion should always be stated as a probable result.Courts differ widely on a given set of facts, and there is usually flexibility for different interpretations.Be sure to look at the validity of the opponent's position.If your case has flaws, it is important to recognize those weaknees and identify them.