Gelman Vs Buehler Case Study

To brief cases, case problems and questions, use the following “IRAC” format:Issue: What question must be answered in order to reach a conclusion in the
case? This should be a legal question which, when answered, gives a result in the
particular case. Make it specific (e.g. “Has there been a false imprisonment if the
plaintiff was asleep at the time of ‘confinement’?”) rather than general (e.g. “Will the
plaintiff be successful?”) You may make it referable to the specific case being
briefed (e.g. “Did Miller owe a duty of care to Osco, Inc.?”) or which can apply to all
cases which present a similar question, (e.g. “Is a duty owed whenever there is an
employment relationship?”) Most cases present one issue. If there is more than one
issue, list all, and give rules for all issues raised.
Rule: The rule is the law which applies to the issue. It should be stated as a general
principal, (e.g. A duty of care is owed whenever the defendant should anticipate that
her conduct could create a risk of harm to the plaintiff) not a conclusion to the
particular case being briefed, (e.g. “The defendant was negligent”).
Application: The application is a discussion of how the rule applies to the facts of a
particular case. While the issue and rule are normally only one sentence each, the
application is paragraphs long. It should be written debate – not simply a statement
of the conclusion. Whenever possible, present both sides of any issue. The
application shows how you are able to reason on paper and is the most
difficult skill you will learn.
Conclusion: What was the result of the case? With cases, the text gives you a
background of the facts along with the judge’s reasoning and conclusion. When you
brief cases, you are basically summarizing the judge’s opinion. With case problems,
the editors have given you a summary of the facts of an actual case but have not
given you the judge’s opinion. Your job is to act as the judge in reasoning your way
to a ruling, again using the IRAC format. While most of these case problems are
followed by a question, normally ignore the question and instead brief the problem.
Also, I also expect you to write a few sentences on whether you believe the court
reached the right conclusion or holding.