When answering a problem question you can't beat the 'IRAC' method. It takes some getting used to but it will get easier with practice. You do have to provided 'authority' for any law that you include so you will require references.
I have cut and pasted the explanation I use on my YouTube channel (BiteSizeLaw). I only cover land law and trusts, but if you take a look at one of the videos where I go through a worked example you will see how it works.
Good luck with it and my explanation is set out below.
IRAC stands for Issue, Rule, Application and Conclusion.
Issue Identify the question (issue) you need to answer. There may be several separate 'big' issues you need to address within the question and each issue will usually break down into a series of sub or 'mini' issues. Take care to frame the issue as precisely as you can as it will help you to identify the relevant law (Rule) more easily. Deal with each 'big' issue separately.
Rule State the relevant law. This will usually be from a statute or case. Avoid long, generalised statements of law. Break it down into bite size pieces.
Application Explain how the law is applied to the facts of the question. This is the stage students frequently find the most difficult to do. A good tip is to imagine that the person is sitting in front of you waiting for your advice. They want to know how the law actually affects THEM. You will need to identify the relevant facts and explain how the law you have explained relates to those facts. Refer to the names of the parties in the question. Sometimes it will be very easy; sometimes not!
Conclusion Your conclusion should answer the issue. Sometimes you will be able to arrive at a definitive conclusion but sometimes the answer might be 'it depends'! Your reasoning is the most important part.
When answering a problem question you can't beat the 'IRAC' method. It takes some getting used to but it will get easier with practice. You do have to provided 'authority' for any law that you include so you will require references.
I have cut and pasted the explanation I use on my YouTube channel (BiteSizeLaw). I only cover land law and trusts, but if you take a look at one of the videos where I go through a worked example you will see how it works.
Good luck with it and my explanation is set out below.
IRAC stands for Issue, Rule, Application and Conclusion.
Issue Identify the question (issue) you need to answer. There may be several separate 'big' issues you need to address within the question and each issue will usually break down into a series of sub or 'mini' issues. Take care to frame the issue as precisely as you can as it will help you to identify the relevant law (Rule) more easily. Deal with each 'big' issue separately.
Rule State the relevant law. This will usually be from a statute or case. Avoid long, generalised statements of law. Break it down into bite size pieces.
Application Explain how the law is applied to the facts of the question. This is the stage students frequently find the most difficult to do. A good tip is to imagine that the person is sitting in front of you waiting for your advice. They want to know how the law actually affects THEM. You will need to identify the relevant facts and explain how the law you have explained relates to those facts. Refer to the names of the parties in the question. Sometimes it will be very easy; sometimes not!
Conclusion Your conclusion should answer the issue. Sometimes you will be able to arrive at a definitive conclusion but sometimes the answer might be 'it depends'! Your reasoning is the most important part.
Would this person be liable for a section 74 rape offence? A man goes to a party to meet a celebrity he has been stalking online. He pretends to be wealthy and have a different job. He knows that this would not sit favourably with her. They end up sleeping together. Turns out that this person is not the celebrity and is instead an imitation artist.
Is this rape under section 74? Does he still lack reasonable belief of consent despite the person not actually being the celebrity?