RAIC stands for the „Issue, Rule, Application, Conclusion“ structure of legal analysis. An effective essay follows a form of RAIC structure in which it is organized around a „topic“,a „ule“, an „application“ and a „conclusion“ for each individual problem and sub-topic identified as a legal problem. This answer is the short part of your RAIC. Unfortunately, there is no rule of thumb because every school and employer has their own preferences. Conclusion: Indicate the most likely conclusions based on the logic of the application section. Remember to include other results that arise from ambiguities in the relevant facts and rules. The problem mechanically determines which rule is applied. The rules help to carry out a correct legal analysis of the problem in question on the basis of the facts. The rules section should be a legal summary of all the rules used in the analysis and is often drafted in such a way as to paraphrase the information or condense it analytically into applicable rules. Another common mistake is to close something without having a basis of opinion. In other words, students will recognize the problem, establish a rule, and then draw a conclusion without doing the analysis. Make sure that every position you take has a solid foundation in the analysis. Remember that the position you take is always whether the rule applies or not.
RAIC is short for Issue, Rule, Application, Conclusion. These words represent the phases of the most commonly accepted way of organizing a written legal analysis: first, articulating an important legal issue or question; second, identify and explain the relevant legislation; Then apply the rule to your facts; and by explicitly answering or commenting on the question. The RAIC is the most popular form of organization because it is usually the one that makes it easier for the reader to track your analysis. Following the RAIC structure provides a framework around which you can organize your writing, making your discussion easier to write (and read). This element constitutes the legal rule or rules applicable in the case under consideration. Since Patricia challenged the case in the highest court, a final verdict in this case is considered to have been rendered. She exhausted all possible appeals by appealing to the highest court that ruled on her case. If she tries to bring the same plea (i.e. the same particular facts and controversies) to a state court, Then Daniel can argue that the case is dismissed amicably on the basis of the principle of res judicata. To repeat, as a legal writer, you will be presented with a number of facts and you will have to answer legal questions about it in a predictive or persuasive voice (unless your job is to draft laws, a will or an agreement that includes another set of writings, include analytical and planning skills that go beyond the scope of this discussion). As a law student, you are sometimes asked to write something that addresses a narrow range of topics (e.B. a short memo); Sometimes you`ll be asked to identify any legal issues you can and then resolve them (for example.
B an answer to some kind of examination question). Larger legal issues can usually be broken down into a series of smaller questions, allowing you to undo each component sub-question one by one, „RAIC,“ and then focus all your attention on the next sub-question. If you unmount the sub-questions, you need to define and organize them in such a way that they cover all the relevant legal rules and allow the reader to follow them easily. A good legal analysis of a set of facts is usually structured as a series of RAIC entities (or CRRACC). Application: Apply the relevant rules to the facts that caused the problem. The rules section of an RAIC follows the explanation of the problem in question. The rules section of an RAIC is an indication of the rules that are relevant to the decision on the given issue. The rules of a common law court derive from the jurisprudence and law of the Court.
The information contained in the rules section depends heavily on the specificity of the issue in question. If the question indicates a particular jurisdiction, rules specific to that jurisdiction should be included. Another distinction often made in the rules section is a clear demarcation of rules that are capable and binding according to the authority of the court hierarchy to be ratio decidendi and to be the majority decision, or simply convincing. There are cases where the rules are assumed on the basis that they are the only clearly articulated rules on the subject, although these are minority decisions, obiter dicta and subordinate courts in other jurisdictions that have never been contradicted. Opponents of the RAIC can be divided into two categories. The first category is those who are against the use of a RAIC because of their strict and cumbersome format. Most of these reviews offer an alternative version of the RAIC such as MIRAT, IDAR, CREAC, TREACC, CRuPAC, ISAAC and ILAC. Each new iteration is intended to address the raIC`s flaws and provide more or less freedom depending on the format. A very good example of such an alternative format is THE CREAC, which aims to offer more clarity and congruence. They argue this on the basis of repeating the conclusion at the beginning and at the end, which should leave no doubt about the final answer and provide agreement with the general argument.
It also includes an explanation of the rules section, which helps delineate the rules to specify the rules and explain the rules for clarity. The key to identifying problems is the ability to recognize which facts raise which problems. Because of the complexity of the law, eliminating or adding a fact (it.B time of day or if someone has been drinking) can eliminate a case or add problems, creating a completely different rule of law. Analyzing your RAIC is usually the hardest part because it requires the author to be precise and the style is often inconsistent. It is important to know the grammatical and style rules established by your boss or professor when writing a RAIC that passes the inspection. When considering the other element of authority, courts tend to favour those directly responsible for security over those with the power to arrest a person over individuals. The courts have made exceptions in favour of the person who carries out the detention if he is a trader. This particular privilege is called the merchant privilege. In general, the element of authority is generally considered to be part of a two-part legal justification for legally justifiable detention. For example, in cases of detention by an official of the law, the courts have ruled that the official must have both a just reason and authority. Authority alone is not enough. The same reasoning applies to all inmates.
Exceptions are made where a person of authority must conduct an investigation for a legitimate reason and the courts generally grant a reasonable period of detention for that purpose. In the present case, the reasonable period of time for which a person may remain in detention is directly related to the circumstances in which the detention takes place. „Because“ is the most important word to use when writing the analysis. The use of the word „because“ requires you to make the connection between the rule and the facts. You will find that you can also use the words „like“ and „since,“ which perform the same function as „because.“ CRRACC is an elaborate form of the RAIC: Conclusion, Rule, Proof of Rule, Application, Counter-Argument, Conclusion. The RR reminds you to specify the relevant rule of law as synthesized by you from the sources of the legal authority (i.e. constitutions, statutes, regulations and decision-making or customary law), and then support this rule statement with an organized explanation and discussion of the legal authority on which the rule statement is based (i.e., proof of the rule). The CC reminds you to address important counter-arguments, that is, approaches that are opposed to how you synthesized the rule or applied the rule to your facts before stating your conclusion. So many students use – and abuse – the RAIC method. The RAIC, as you may know, is a method of answering exam questions.
It means Question, Rule, Analysis, Conclusion. The RAIC`s idea is for students to go through a model exam sheet, identify as many problems as possible, establish the rules of law, apply the law to the facts, and then come to conclusions. .