This element represents the law or laws applicable in the particular case. This analysis shows how careful you need to be about the wording of a rule. The words „impossible“ mean that a remote possibility of being able to conclude the contract means that the rule is not applicable. While using the RAIC does not guarantee an „A“ from the professor, it is extremely helpful in organizing a response. And while this isn`t the only way to structure an answer, it helps ensure that all bases are covered. So until you reach the level of mental and written fluency where you can weave rules and facts into a seamless network and transition between thoughts without losing your substance or reader, I highly recommend relying on some form of RAIC to stay focused. While the RAIC never covers a lack of knowledge or replaces a lack of analysis, you can use it as a tool to organize your thinking and writing. Think of it as a support scaffolding (or drive wheels) to make sure the necessary steps are followed. Once the process becomes instinctive, the props can be thrown away and you can weave the rule and facts together. But by then, you`ll have something you can count on to guide you through the process. As prospective law students learn it, what we call „legal reasoning“ can be expressed through the RAIC formula. This is the legal version of the deductive syllogism.
It stands for Issue, Rule, Application and Conclusion. First, identify the important problem („Is Socrates mortal?“). Then specify the applicable rule („All men are mortal“). Then apply the rule to the relevant facts („Socrates is a man“). This inevitably leads to the conclusion („This is why Socrates is mortal“). The term „problem“ refers to this legal issue. Clearly define what it is, the parties involved, and provide sufficient background information. When considering the other element of power, courts tend to favour those directly responsible for security screening over individuals authorized to detain a person. The courts have made exceptions in favour of the person who carries out the detention if he or she is a trader. This special privilege is called the merchant`s privilege. In general, the element of authority is generally considered to be part of a two-part legal justification for legally justified detention.
For example, in cases involving detention by a law enforcement officer, the courts have held that the public servant must have both just cause and authority. Authority alone is not enough. The same reasoning applies to all inmates. There are exceptions where an authority must conduct investigations for a valid reason and courts generally allow a reasonable period of detention for this purpose. In this case, the reasonable length of a person`s detention is directly related to the circumstances in which the detention takes place. The RAIC is what Think Like a Lawyer is. This is the format used by lawyers when creating legal briefs. And the structure that most judges use to prepare legal opinions. It`s also the kind of analysis that law professors – and especially bar examiners – are looking for. „Weil“ is the most important word in writing the analysis. Using the word „because“ forces you to make the connection between the rule and the facts. You will find that you can also use the words „asâ“ and „since“, they perform the same function as „because“.
If you receive a question about the drums, you should be able to recite: „A drum is an act with the intent to make harmful or offensive contact. or an imminent fear of such contact . Without much hesitation. Don`t just say, „Archer met Cyril and it`s a drum kit.“ You must present this statement in legal language – after all, you are training to become a lawyer! The conclusion is a summary of your legal analysis. Remember to end on a strong note while sticking to the facts. The RAIC has many supporters and opponents. The main arguments of proponents of the RAIC methodology say that it reduces legal reasoning to the application of a formula that helps organize legal analysis. Since organized legal analysis is easier to follow and reduces argumentation errors, proponents argue that the RAIC is a very useful tool. The RAIC method is not as bad as you might think. It just takes a little practice and a lot of muscle memory. The RAIC triad emphasizes analysis using facts, problem and rule as building blocks. Analysis is the end product and primary focus of the RAIC triad, but the role that facts play in shaping analysis is highlighted.
How do you improve at the rule statements? Remember the rules as best you can. If you have an open-book exam, make a good „draft attack“ of all the legal rules you need to know. If you have a closed exam, make sure you memorize the legal rules ahead of time (start now!). We have a few articles on sketching and memorizing your contours that can help you. Do not worry. You probably won`t be asked to write a persuasive essay or analyze another TED talk video for ethics, pathos, and logos.
