Académique Documents
Professionnel Documents
Culture Documents
Legal opinion
advice to the client on position to be taken regarding a legal problem
Trial memorandum
Presumed audience Your role Court
Legal opinion
Client
Counsel for a party in the Counsel giving litigation legal advice State and explain the position of your client, and persuade the court Give advice and persuade the client to take your advice
Purposes
10
I R A C
Recommended
F I R A C C
F I R A
C Conclusion
13
FIRACC steps
1. F Start with the Facts 2. I Facts suggest the Issue 3. R Rule of law covers the Issue 4. A Apply the Rule to the Facts 5. C - Counter the argument of the opposing side 6. C - Wrap up with a Conclusion
14
15
16
17
Meaning of Issue
Point of law or fact which is affirmed by one side and denied by the other Issue may be purely legal, or purely factual, or a mix of both
18
c) State your Arguments to support your position and to counter the arguments of the opposing side d) Finish with a Conclusion
23
Apply the law to the facts You argue based on your analysis of the rule of law Your sources or materials of argument will come from the rule of law
24
5.
1. 2.
28
29
b) Inductive
i. Major premise Facts ii. Minor premise Rule of Law iii. Conclusion
31
c) Argument by Analogy
i. Factual setting and rule in a decided case ii. Similarity/dissimilarity of the facts in the problem with those in the decided case iii. Conclusion
32
33
Step 6. Conclusion
34
Trial Memorandum
35
37
IV. Discussion
Alternative headings
Argument or Arguments Argument and Discussion
42
IV. Discussion
You take a position and explain Suggestions:
1. 2. Discuss per issue Use the deductive, inductive or analogy structure
43
44
V. Conclusion
Alternative headings
1. Summary or Summation
2. Final Note or Last Word
45
VI. Prayer State the relief you are asking from the Court. Alternative heading: Relief
46
Legal Opinion
47
F I R A C C
Applicable Laws/ Legal Theories Application/ Analysis/ Argument Counter Argument Conclusion/Prayer Recommendation
48
Thank you!
49