The IRAC Method And Its Application In Legal Opinions

The IRAC method originated from western jurisprudence education,which belongs to pedagogy.The IRAC method is explained in Wikipedia as follows: "the IRAC method reads" eye-rack "method,which is an abbreviation of the combination of Issue,Rule,Application and Conclusion,which is a methodology of legal analysis.The IRAC method is a way to teach students to "think like a legal person".In 1976,Brand White proposed that the IRAC method has become a necessary tool for American law students to master legal argumentation,which is also a logical tool for legal argumentation.The IRAC method is widely used in legal writing,legal writing,and even legal writing in the practice of lawyers.As a logical tool,IRAC should also have a place in the non-litigation business of lawyers."Non-litigation legal opinion" is a very important carrier in the non-litigation business of Chinese lawyers nowadays,analyzing legal issues,drawing legal conclusions and making legal Suggestions.As the main body of non-litigation,lawyers in the process of writing "non-litigation legal opinion",also can use the IRAC method in legal reasoning,choose suitable legal argumentation writing methods.Legal opinion has become an important carrier of lawyers' business.The legal opinion written by the lawyer has become a necessary condition in the process of the examination and approval of the administrative department.But the research on legal opinion is far behind.With the securities and futures commission in recent years some of the administrative punishment announcement,for example,can be found in illegal and legal opinions issued by the administrative penalty amount is very high,but still has no written legal opinions tend to be standardized.Real necessity for us to establish a set of written legal opinions of logic,solving legal opinion writing optional the gender is strong,the reason is not fully,replace the fact investigation problem with exceptions.The IRAC method can perform this task as a logical tool.With the development of artificial intelligence technology,the law has entered the "AI era".Convenient and convenient legal services can be found on both the portal and the professional legal services website.The development of artificial intelligence provides technical support for the process of legal services.In order to streamline the legal service,the production of legal products becomes the important task of legal services.This "legal product" is the "legal instrument".The rapid development of artificial intelligence makes it easier to realize the process of legal service,and the further application of legal document logic framework and reasoning method becomes an important point of discussion.The thesis consists of three parts:In the first part,the author makes a detailed analysis of the legal opinion,the author of the legal opinion,the research object and the audience.What are the different views on the definition of legal opinion in the academic field,and what is the starting point of each opinion,and how the legal opinion should be defined.The academic community classifies legal opinion,which is the basis of classification.This paper analyzes the common problems in the writing of legal opinion.In the second part,the IRAC method is introduced in detail,and the IRAC method is a method of legal writing in Anglo-American law.It can also be considered as a mode of thinking of legal writing.The IRAC method is applied in the lawyer's memorandum and the court debate book,and the IRAC method is also feasible and necessary in the writing of legal opinion.IRAC method is a kind of legal reasoning,legal reasoning model compared with the traditional syllogism reasoning has a strong ability to the discovery of truth,IRAC method of reasoning model can be thought of as a "good" legal reasoning.In the third part,the author USES the IRAC method to analyze and write the legal opinion.From the case of "real estate construction engineering disputes",the important nodes,such as the fact discovery,rule selection,dispute point determination and interest balance,are analyzed respectively.Legal process and legal service production have become a hot topic in the practice of lawyers at the present stage,and the process of artificial intelligence + law has been developing continuously.The IRAC method is incorporated into the computer field,and a computer model is proposed for the writing of legal opinion.