25 Jul IRAC
IRAC the following case: http://www.courts.state.
NOTE: IRAC only the majority opinion (Tompkins). Stop when you reach the dissenting opinion (Livingston)
How to Brief a Case Using the “IRAC” Method
When briefing a case, your goal is to reduce the information from the case into a format
that will provide you with a helpful reference in class and for review. Most importantly,
by “briefing” a case, you will grasp the problem the court faced (the issue); the relevant
law the court used to solve it (the rule); how the court applied the rule to the facts (the
application or “analysis”); and the outcome (the conclusion). You will then be ready to
not only discuss the case, but to compare and contrast it to other cases involving a similar
Before attempting to “brief” a case, read the case at least once.
Follow the “IRAC” method in briefing cases:
Write a brief summary of the facts as the court found them to be. Eliminate facts that are
not relevant to the court’s analysis. For example, a business’s street address is probably
not relevant to the court’s decision of the issue of whether the business that sold a
defective product is liable for the resulting injuries to the plaintiff. However, suppose a
customer who was assaulted as she left its store is suing the business. The customer
claims that her injuries were the reasonably foreseeable result of the business’s failure to
provide security patrols. If the business is located in an upscale neighborhood, then
perhaps it could argue that its failure to provide security patrols is reasonable. If the
business is located in a crime-ridden area, then perhaps the customer is right. Instead of
including the street address in the case brief, you may want to simply describe the type of
neighborhood in which it is located. (Note: the time of day would be another relevant
factor in this case, among others).
What court authored the opinion: The United States Supreme Court? The California
Court of Appeal? The Ninth Circuit Court of Appeals? (Hint: Check under the title of the
case: The Court and year of the decision will be given). If a trial court issued the
decision, is it based on a trial, or motion for summary judgment, etc.? If an appellate
court issued the decision, how did the lower courts decide the case?
What is the question presented to the court? Usually, only one issue will be discussed, but
sometimes there will be more. What are the parties fighting about, and what are they
asking the court to decide? For example, in the case of the assaulted customer, the issue
for a trial court to decide might be whether the business had a duty to the customer to
provide security patrols. The answer to the question will help to ultimately determine
This applies to case briefs only, and not exams. Use the IRAC method in answering
whether the business is liable for negligently failing to provide security patrols: whether
the defendant owed plaintiff a duty of care, and what that duty of care is, are key issues in
Determine what the relevant rules of law are that the court uses to make its decision.
These rules will be identified and discussed by the court. For example, in the case of the
assaulted customer, the relevant rule of law is that a property owner’s duty to prevent
harm to invitees is determined by balancing the foreseeability of the harm against the
burden of preventive measures. There may be more than one relevant rule of law to a
case: for example, in a negligence case in which the defendant argues that the plaintiff
assumed the risk of harm, the relevant rules of law could be the elements of negligence,
and the definition of “assumption of risk” as a defense. Don’t just simply list the cause of
action, such as “negligence” as a rule of law: What rule must the court apply to the facts
to determine the outcome?
This may be the most important portion of the brief. The court will have examined the
facts in light of the rule, and probably considered all “sides” and arguments presented to
it. How courts apply the rule to the facts and analyze the case must be understood in order
to properly predict outcomes in future cases involving the same issue. What does the
court consider to be a relevant fact given the rule of law? How does the court interpret the
rule: for example, does the court consider monetary costs of providing security patrols in
weighing the burden of preventive measures? Does the court imply that if a business is in
a dangerous area, then it should be willing to bear a higher cost for security? Resist the
temptation to merely repeat what the court said in analyzing the facts: what does it mean
to you? Summarize the court’s rationale in your own words. If you encounter a word that
you do not know, use a dictionary to find its meaning.
What was the final outcome of the case? In one or two sentences, state the court’s
ultimate finding. For example, the business did not owe the assaulted customer a duty to
provide security patrols.
Note: “Case briefing” is a skill that you will develop throughout the semester. Practice
will help you develop this skill. Periodically, case briefs will be collected for purposes of
feedback. At any time, you may submit your case brief(s) for feedback.