IRAC and Case Brief

Great thanks to Brian and his YouTube video: The secret code to reading legal opinions and case law. IRAC and the Case Brief. Civics101. His video makes the method simple and easy. I have put his video at the end of the post.

Today, I am going to talk about how to brief a case. Lawyers and law schools call it “IRAC”. Brain calls it “FIRAC”.

• (F)acts
• (I)ssue
• (R)ule
• (A)pplication
• (C)onclusion

Definitions

1. Facts: Facts of the case.
2. Issue: the legal issue(s) of the case.
3. Rule: the legislation, statutes or case law applicable to the case.
4. Application: apply the legal rules to the facts of the case.
5. Conclusion: the outcome. [Guilty or not guilty in criminal cases; liable or not liable in civil cases]

An important thing about facts: there is a difference between court facts and what we believe facts are. If the accused presents evidence on the stand in front of the jury, the jury decides what a fact is.

For example, John testifies that he did not intend to steal the TV. He broke into Mike’s house just to see what was playing on the TV.

If the jury believes him, the court fact is he did not intend to steal. However, if the jury does not believe him, the court fact is he did intend to steal.

Let’s do a hypothetical.

Case

Here is a hypothetical Brian suggested: Mike, the house owner, slept on the second floor and left the TV on on the first floor. John, a delivery driver, saw the TV, climbed through the window and attempted to steal the TV. Mike woke up, went downstairs, saw John and called 911. Police arrested John before he had the chance to steal the TV. John was found guilty of burglary and sent to jail. John appealed to the court because he believes that he did not steal the TV and that he could not be convicted of burglary.

Facts

1. John does not know Mike.
2. John broke into Mike’s house.
3. John attempted to steal the TV.
4. John was arrested without having stolen the TV.

Issue (UNDER, DOES, WHEN is Brian’s method)

• UNDER Illinois Law
• DOES a person commit burglary
• WHEN they don’t actually steal anything

Rules

Under the Illinois Criminal Code, 720 ILCS 5/19-1(a) A person commits burglary when without authority he or she knowingly enters or without authority remains within a building, housetrailer, watercraft, aircraft, motor vehicle, railroad car, freight container, or any part thereof, with intent to commit therein a felony or theft. This offense shall not include the offenses set out in Section 4-102 of the Illinois Vehicle Code.

1. Without authority
2. Knowingly enters or remains
3. Within a building
4. With intent to commit theft

Application

1. Without authority✅Yes, John does not know Mike; not saying getting permission.
2. Knowingly enters or remains ✅Yes, John entered.
3. Within a building✅Yes, it was Mike’s house.
4. With intent to commit therein a felony or theft✅Yes, John intended to commit theft.

Conclusion

(Goes back to the issue) ✅Yes, under Illinois Law, a person commits burglary when he or she intends to commit theft. He or she does not have to actually steal anything.

Therefore, John is guilty of burglary, and his appeal will be dismissed.

Below is Brian’s video on IRAC and the Case Brief: