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Jurisdiction

Jurisdiction is the authority granted by law to the courts to rule on legal matters and render judgments, according to the subject matter of the case, and the geographical region in which the issue took place. Areas of jurisdiction apply to local, state, and federal laws, which means that, for instance, a violation of federal law is tried in federal court. To explore this concept, consider the following jurisdiction definition.

Definition of Jurisdiction

• The power and authority to administer justice by hearing and deciding legal cases
• The territory over which such authority is exercised
• The geographical area of a court’s legal authority, or of a law enforcement agent’s authority

1250-1300       Middle English <Latin  jūris  dictiōn

What is Jurisdiction

Jurisdiction is the term that refers to the limits of a legal authority. It can refer to both political territories and geographic regions, as well as the types of legal matters over which a legal body has authority. A formally authorized legal body is a court, political or governmental office, and in many situations, law enforcement agency. When a legal body holds jurisdiction, it has the authority to administer justice within that jurisdiction.

In the court system, there are three primary types of jurisdiction: subject matter, territorial, and in personam jurisdiction. If a court without proper jurisdiction hears a case, it does not have the authority to render a judgment, to provide the plaintiff with a remedy to his legal issue, or to hand down sentencing. For this reason, it is important for all parties involved to be sure the case has been filed in a court of proper jurisdiction. This is one of the first things that should be determined by the judge as well, before allowing the case to proceed.

Typically, a court holds more than one jurisdiction type in any case. This might mean the court can hear cases that originate in its geographical jurisdiction, and it has subject matter jurisdiction as well. As an example of jurisdiction, a family law court has the authority to hear and decide matters related to divorce , child custody , child support , and other related issues, if the family lives in its geographical region. Family court does not, however, have jurisdiction to hear a criminal case, even if it somehow relates to a family issue.

For example:

Jack and Anna have separated and are going through the divorce process, including a child custody battle. Anna initially left Jack after he had beat her up badly, putting her in the hospital, and sending the children to stay with their grandparents. Jack was arrested that day, and charged with felony spousal assault .

The family court is handling the issues of divorce and child custody, which are greatly affected by the behavior of the father for the past several years. It does not, however, have authority to try Jack on his criminal charges. That authority rests solely with the criminal court.

Courts of General Jurisdiction

Courts of general jurisdiction have authority to hear any type of case within its geographical and governmental jurisdiction, except where prohibited by law. These courts are often called “district courts,” or “superior courts,” depending on the state. In the state of New York, the state court of general jurisdiction is called the “Supreme Court,” which can be confusing, as it is not actually the state’s supreme court.

This means, for instance, that a state trial court of general jurisdiction might have authority to hear cases regarding a variety of subjects, within its geographical and governmental jurisdiction. In most states, however, the superior or district courts are divided by subject matter, with a specified court assigned all cases dealing with that topic. For instance, separate courts, or judges, will hear family court matters, civil lawsuits, small claims lawsuits, traffic court, drug court, and criminal court. These are known as courts of “limited jurisdiction.”

Determining Whether a Court Has Jurisdiction

In order to determine which court has jurisdiction over a legal matter certain questions must be addressed. These are:

• Which court has jurisdiction in that geographical area (a civil lawsuit for an accident that occurred in Florida cannot generally be heard in California)
• Which court has jurisdiction over the defendant (or over the person being charged or sued)
• Which court has jurisdiction over the subject matter (is it family law, traffic violation, or civil lawsuit)

If the court in which any legal matter is filed lacks jurisdiction in even one of these areas, it does not have the authority to render judgment.

Subject Matter Jurisdiction

Subject matter jurisdiction is the authority of a court to hear cases involving a certain subject matter. A few examples of subject matter include bankruptcy , divorce, civil rights violations, and probate . The purpose of dividing a court system into such subject matter jurisdictions is to ensure that judges hearing certain types of cases are experienced in that area of law, as they work within it on a daily basis. It is just common sense that a judge specializing in bankruptcy cases not be allowed to hear a personal injury lawsuit.

Some types of jurisdiction, or lack thereof, can be waived by the parties, allowing the court to hear the case anyway. Subject matter jurisdiction, however, cannot be waived. If a court that does not have subject matter jurisdiction over a case makes a ruling on that case, the ruling can be invalidated.

As Alton was backing out of a parking space at the local mall, another car speeding down the aisle struck his car. While he had a stiff neck from the impact, Alton was more concerned about getting his car repairs taken care of, but the other driver’s insurance company is denying his claim.

A couple of weeks later, when Alton has to seek medical attention for the worsening pain in his neck and shoulder, he realizes he will have to file a civil lawsuit against the man who hit him, and against his insurance company. Alton knows where the courthouse is because he had hearings on his divorce there two years ago.

When Alton takes his civil lawsuit complaint to be filed with the court, he is told that the family law court cannot hear his personal injury lawsuit. Alton is redirected to the court that has subject matter jurisdiction over civil lawsuits and personal injury, to file his claim.

General Jurisdiction in State Courts vs. Federal Courts

While most states have courts of general jurisdiction, even if they have a system of courts with limited jurisdiction. On the other hand, the federal court system is limited by Article III of the U.S. Constitution as to subject matter. A primary issue in whether a federal court has jurisdiction over a civil case is whether the plaintiff has claimed a violation of the U.S. Constitution or federal law has occurred. This is referred as “federal-question jurisdiction.”

Criminal cases may be brought in either a state or federal court, depending on whose laws were violated. A defendant charged with violating a state theft law cannot be charged with that crime in a federal court. If he is accused of violating a federal law, such as trafficking in child pornography , he can be charged and tried in federal court. In some cases, a person may be charged and tried in both state and federal courts related to different elements of the same crime, and it has been ruled that this does not amount to double jeopardy .

Territorial Jurisdiction

Territorial Jurisdiction refers to the authority a court has over cases within its specific geographical territory. If the court lacks territorial jurisdiction, it does not have the authority to make a ruling, or to hand down a sentence. Unlike subject matter jurisdiction, the defendant may be allowed to waive territorial jurisdiction in certain cases.

Territorial jurisdiction also applies to the geographical territory of a law enforcement agency, and therefore the prosecutor for that region. For instance, if Bob commits a crime in Bakersfield, California, the Bakersfield police have the authority to investigate, and the District Attorney for Bakersfield has the authority to bring criminal charges and prosecute the case. The criminal case would then be heard in the state court in Bakersfield.

There are certain exceptions. If someone is accused of committing crimes in more than one county or city within a single state, the crimes could be prosecuted in any of those jurisdictions, or each may choose to prosecute separately for the crime committed within its boundaries. If that person committed crimes in more than one state, or crossed state lines while committing the crime, the federal court has territorial jurisdiction.

In Personam Jurisdiction

The Latin term in personam jurisdiction, refers to a court’s jurisdiction over the person, though it also applies to an entity. Legal actions must be filed in a court that has some connection to the event, or to the parties involved. This only comes into play in certain situations. For instance, Jack drives across the boarder from his construction business in California, to do some construction repairs on a home in Nevada, then returns home. Later, the homeowner complains that Jack’s work was terrible, and that he was bilked out of his hard-earned money.

The homeowner files a civil lawsuit in Nevada, but Jack complains to the court that, because the homeowner hired the services of his business, which is based in California, it has no jurisdiction. The lawsuit should be filed in California. Generally, the Nevada court has no jurisdiction over Jack or his construction company, as they are based in another state. That court can, however, assert in personam jurisdiction, or personal jurisdiction, over Jack and his company, and hear the case where the work was done.

Police jurisdiction

Like the courts, law enforcement agencies are subject to issues of jurisdiction. Police jurisdiction refers primarily to the agency’s assigned geographic region. Within a single state, there may be several law enforcement agencies, which work together in a sort of choreographed maneuver:

• City police officers – have authority only within their city’s limits
• County sheriff’s deputies – have authority within their county, not including activities within the city limits
• State police or state troopers – have authority to act within their state, though they have authority only in limited circumstances within a county or city’s geographical regions

Each of these law enforcement agencies has their own territories, or police jurisdiction, but they work together to help ensure services are provided seamlessly between the regions. For instance, if city police chase a car across the city limits, they may be joined by county deputies to bring the chase to an end. State police often have broad authority, and are invited into the city or county jurisdictions to assist in certain cases.

Federal law enforcement officials have authority to arrest a person who has violated a federal law, regardless of which jurisdiction he is in. This is because they have authority to act when federal laws are violated, regardless of location within the U.S.

In general, a law enforcement officer does not have the authority to arrest someone outside his jurisdiction. Similarly, an off duty police officer, who is on vacation in another state, has no authority to detain or arrest someone in his official capacity as a police officer. This lack of police jurisdiction does not prevent the officer from making a citizen’s arrest while waiting for officers to arrive.

An Example of Jurisdiction

One of the first considerations for any court in the land is whether it has jurisdiction over any case brought before it. Laypeople bringing their own suit are often unaware of limitations to jurisdiction, which is understandable. This leaves the court responsible for making that determination before the case can move forward.

Foreign Company Sued over Faulty Part

In the 1980s, a young couple were riding a motorcycle which crashed because of a faulty valve that had been produced in Japan. The driver was seriously injured, and his wife, riding as passenger, was killed in the accident. The victim filed a civil lawsuit in the California court, where the victims lived, and the accident happened, against the Taiwanese distributor of the value, Cheng Shin Rubber Industrial Co. Cheng Shin Rubber had purchased the valves to use in their assembly of thousands of motorcycle wheels.

Cheng Shin filed a complaint with the court, asserting that the faulty valves had been manufactured by Asahi Metal Industry Co, in Japan, and that Cheng Shin had no knowledge that they were faulty. The complaint asked to be relieved of responsibility in the lawsuit, and that Asahi instead be held responsible. Asahi argued that the court in California had no jurisdiction over the company. The California court, however, ruled that it had personal jurisdiction based on the company’s awareness of the scope to which its products would be distributed internationally.

A series of appeals ensued, until the matter was brought before the U.S. Supreme Court in 1986. In Asahi Metal Indus. v. Superior Court the Court addressed the issue of whether the state court properly took personal jurisdiction over the Japanese company, simply by the fact that it should have known that its products, which were sold to a Taiwanese company, and shipped directly to that company, would make it into the California market.

The Court applied the following test to determine whether the state court could assert personal jurisdiction over a foreign defendant:

• What is the burden on the defendant to bring his case in a foreign land?
• What are the interests of the state in which the lawsuit was filed in the litigation ?
• What is the interest of the plaintiff in litigating the matter in that state?
• Does the allowance of personal jurisdiction serve interstate efficiency?
• Does the allowance of personal jurisdiction serve interstate policy interests?

The U.S. Supreme Court ruled that California could not claim personal jurisdiction over the Japanese company, which has no presence in the U.S., does no business in the country, and owns no property in the country. The Court held that, should the California court be allowed to exercise jurisdiction over Asahi, the act would be “unreasonable and unfair.”

Related Legal Terms and Issues

• Appellate Court – A court having jurisdiction to review decisions of a trial-level or other lower court.
• Authority – The right or power to make decisions, to give orders, or to control something or someone.
• Defendant – A party against whom a lawsuit has been filed in civil court, or who has been accused of, or charged with, a crime or offense.
• Judgment – A formal decision made by a court in a lawsuit.
• Plaintiff – A person who brings a legal action against another person or entity, such as in a civil lawsuit, or criminal proceedings.

Personal Jurisdiction: The United States Constitution Essay

Personal jurisdiction concerns a court’s ability to make a ruling on the individual who is being a defendant in a court’s case, and whether the establishment is equipped to deal with them adequately. The United States Constitution states that a party must have certain minimal connections with the forum in which the court sits before a court can exercise authority over them. If a plaintiff opens a case against a defendant, the defendant might object to the lawsuit by claiming that the court lacks an understanding of his temper and circumstances, and are therefore not qualified for the procedure. Personal jurisdiction is rarely called upon unless prompted, meaning that a defendant should claim personal jurisdiction violation themselves, otherwise ation is unlikely to be delivered. An example of personal jurisdiction would be suing and hearing the case of a certain state’s citizen within the boundaries of this state.

Subject-matter jurisdiction refers to the need of the court to have authority over a specific topic or subject matter. Parties to a lawsuit can relinquish personal jurisdiction but not subject-matter jurisdiction. A suggestion to dismiss the suit for lack of subject-matter jurisdiction is a preferred defence in federal court under the Federal Rules of Civil Procedure, and it can be presented at any time in the litigation process. Even if the parties have previously contended that the subscription model existed. In reality, the court may reject a case for lack of subject-matter jurisdiction on the spot if the contents of the case transpire the limits of the court’s jurisdiction. This may be identified as an indirect reason for the existence of multiple types of courts, depending on the area in which the claimed offense was committed. An example of this would be any of the civil courts not being authorized to hear a military case, that is instead sent to a tribunal hearing.

The long-arm statute may be described as a circumstantial exception from the personal jurisdiction example outlined above. It allows the court of the foreign state to obtain personal jurisdiction over a member of another state on the basis of certain facts and claims. Independently of the gravity of the offense claimed, the long-arm statute can only occur if the defendant has a form of connection with the state where the hearing is set to happen. In order for the long-arm statute to be granted, the defendant would have to have participated in a systematic and continuous activity within the state in question. Alternatively, there would have to be the course of action arising from this activity. To give an example, for a citizen of Illinois to be judged in another state, the court of the other state in question must request a long-arm statute.

The case of Nestle, Inc and Doa, heard in the Supreme U.S. Court in December 2020 concerns the allegation from the respondents, who claim to have been trafficked as child slaves to produce cocoa. The hearing itself is primarily focused on contesting jurisdictions and authorities to judge the claims within different levels of the U.S. court system. Nestle is claiming corporate immunity, but is denied it, and the case is decided to move forward for the next hearing in the District Court. I believe this case to be influential to the U.S. business environment as it highlights the unfortunate tensions that exist between large corporations and some of the most basic human rights. Other companies might become aware of the corporate immunity denial and focus on ensuring fair practices regardless of the scale of production. I agree with the decision of the court and only regret that further action was impossible to undertake considering the given level of jurisdiction.

Nestle USA, Inc. vs Doe et al., 19-416, (U.S. Sup. Ct., 2020), Web.

• How the Courts Address or Respect Our Rights as Citizens
• The Supreme Court Decision on the Right to Same-Sex Marriage
• Health Benefits of Cocoa
• Withrow and Dailey’s Model of Circumstantial Corruptibility
• World Cocoa Market: Past and Present
• US Constitution Changes Regarding Electoral College
• Ineffective Assistance of Counsel: The Case Study
• Racism: Do We Need More Stringent Laws?
• The Exclusionary Rule: Critique, Rationales, and Exceptions
• Miranda Rights Against Self-Incrimination
• Chicago (A-D)
• Chicago (N-B)

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Good Essay Example (July 2019 Civil Procedure and Constitutional Law)

This lesson presents a real, good response to the July 2019 MEE Civil Procedure and Constitutional Law question . First, read the essay, then listen to the analysis below.

Download the essay as a PDF.

1. Does the court have subject matter jurisdiction over the state law claim raised in the class action?

Subject matter jurisdiction can be either diversity jurisdiction or federal question jurisdiction.

Is federal question jurisdiction? Federal question jurisdiction is when there is a federal issue at stake. In this case, the complaint from the man alleging that his medical records were stolen by a hacker/thief out of trident's database alleges that the court has diversity jurisdiction pursuant to 23 USC 1332. Although State X has a law allowing any person whose private medical information is obtained by an unauthorized third party in any manner to recover actual damages from the health care providers, there is no federal law in question. Because there is no federal law in question, there is no federal question jurisdiction.

Is there diversity jurisdiction? diversity jurisdiction is when the plaintiff and defendant are completely diverse from each other, meaning they are domiciled in different states, and the amount in controversy is over $75,000. in this case, the plaintiff man is domiciled in state X and is a citizen of state X. Plaintiff wants to bring an action against defendant trident in state X. Trident has its corporate headquarters in State X. there is no diversity between the plaintiff and defendant so there is no subject matter jurisdiction is federal district court. If the named representative plaintiff was diverse from the defendant, meaning not domiciled in state X, then there would be subject matter jurisdiction in this class action. You can assume with plaintiff class that has 30,000 patients affected by the breach, that their recovery for $500 per each 30,000 would be well over the amount requirement of $75,000. If the named representative plaintiff was diverse with the defendant, then there would be diversity because the amount in controversy is met. Otherwise, there is not diversity jurisdiction.

2. Does the action fail to allege a claim upon which relief can be granted because of the state law barring class actions to recover statutory damages?

In this case, the state law in state X does not allow recovery of damages for a complaint like this unless the complaint is filed by an individual, not in a class action. The man filed a class action so he cannot recover damages as a class action. The man could file individually. Because the state law of X does not allow recovery for claims in the nature of the complaint filed by the plaintiff. there is not relief that can be granted and the 12(b)(6) motion will most likely be granted.

3. Does the man have standing the bring a statutory claim in federal court? Standing requires injury, causation, and redressability.

Is there an injury? Injury is measured by a concrete injury. the injury cannot be moot (not a live controversy) or overripe. In this case, the man has a concrete injury because his medical records were stored in Trident computers. Although there is no evidence that the thieves have used any of this stolen medical information, laws impose a duty on health care providers to keep patient information private. The laws claim that the invasion of privacy from the data breach causes significant harm to the individuals involved so any person whose private medical information is obtained by an unauthorized third party in any manner may recover actual damages from the healthcare provider. There is most likely an injury here because last December, an unknown person hacked into trident's computer system and obtained the personal medical data that is meant to be private information. The man bringing the suit is one of the people whose medical information was stolen.

It could be argued that there is no injury because other than stolen data, there is no evidence that thieves used any of the medical data. Opponents could argue that the case is not ripe yet because no actual concrete injury as occurred. I think that this counter argument would fail because I think the invasion of privacy itself is the injury.

Is there causation? the injury must be directly caused by the action of the defendant. to be the cause, there must be some sort of causal connection between the injury and the act. in this case, the plaintiff is injured by the stolen medical information from Trident because there is now an invasion of privacy of his personal information that a hacker/thief is now in possession of. there is a connection between plaintiff's injury and the defendant.

Is there redressability? redressability means there must be a way to fix the damages. the claim must be able to be remedied. in this case, a remedy is available because the state statute provides that individuals are entitled to a minimum statutory damage award of $500 to compensate them for the invasion of privacy. this award of damages to compensate those affected constitutes redressability.

There is standing here.

But the issue is if there is standing in federal court. Standing in federal court in a class action suit is lawful when the plaintiffs have. Erie is when you bring a state claim in federal court. this would be governed by federal procedural law and federal substantive law. in this case here is not standing because the federal law does not even mention this issue. the law is not outcome determinative because the state law does not allow recovery of class actions with this type of complaint. there is no standing in federal court.

Analysis of the Sample Essay

Now I want to look at an answer that is not as strong as the one from New York, but which still scored very well overall. This one comes to us from the state of Maryland. And I just want to emphasize that even though this one has more problems, the bar examiners from Maryland still provided this as a representative good answer.

So this just underscores the goal of the MEE. We are not aiming for perfection here. Let's be honest, we're not even aiming for excellence. We just want to rack up as many points as possible.

So, on prompt 1, it starts out with a nice, clear header saying what the issue is: subject matter jurisdiction. So that's good, but then it just basically restates the question instead of giving a conclusion. Remember, we want the first part of our written answer to be a conclusion, that's the first C in our CRAC formula, and ideally a reason as well, something with the word "because" in it. We don't have that here.

So this answer then spends a full paragraph explaining why there's not federal question jurisdiction though, and that's probably not entirely wasted, but certainly the same effort would have earned far more points if it had been expended on class action diversity jurisdiction analysis instead.

Notice that the test taker also misses the special rule that applies to class actions and just applies the standard rules for diversity jurisdiction, that is, it doesn't mention CAFA at all. So, as a result, it doesn't reach the correct answer. But for our purposes, remember, this answer still counted as good, so it can serve as a useful example of how far you can get, even with the wrong rule, just as long as you lay it out clearly and apply it in a logical way.

Now, let's move on to the second prompt. And remember, the issue here was a matter of Erie. The federal rule should apply instead of the state rule to the contrary. But notice that the test taker just misses that entirely and instead applies a state law.

And let me add here that one of the trickiest parts about Erie questions is just recognizing them for what they are. Anytime that you see a motion that references a particular state law, it'd be helpful to do just a little check and see whether there could be an Erie problem here, that is, could there potentially be a conflict with a federal rule or practice?

Now, the test taker clearly didn't do that, and as we said, missed the fact that this is an Erie question altogether. So again, this is a really good example of picking up some points despite stating the entirely wrong rule. At least the answer applies a rule correctly given the fact pattern.

Finally, we get to the third prompt, and here the answer makes a much better go of it. So, first, there's a clear statement of the three elements: we've got injury, causation, and redressability. Now, on injury, which is the hardest one of the three here, the discussion notes that the thieves haven't done anything yet with the stolen information, even though there's been a breach of the state law. That's the Spokeo issue that we discussed earlier, and it's pretty impressive that the answer here addresses it so thoroughly.

This test taker also set out the individual elements of standing piece by piece. So, is there causation? Is there redressability? That's a nice way to make sure that your application tracks your rule. So, good job on that.

Now, the last paragraph about standing in federal court is a little hard to figure out. The Erie discussion seems like maybe it was intended to be part of the discussion for prompt 2 instead. And to be honest, it's challenging to make out just what this answer is saying, as the sentences feel a bit disjointed and we get some incorrect statements of law.

So the answer says mistakenly that this would be governed by federal procedural law and federal substantive law as well, when we know that it really meant to say state substantive law. So it's unfortunate that there's this sort of jumbled discussion at the end. But it'll leave the graders with a strong impression, which is what the answer gives in the preceding analysis.

So, stepping back, this answer makes really a number of mistakes. It missed the discussion of CAFA in prompt 1, it missed the Erie problem in prompt 2, and then it added an unnecessary and rather confusing discussion at the end of prompt 3. But this should all be comforting to us. Here's the good news: this answer still scored well because it provided a very solid answer to the third prompt, and it did well enough when answering the other questions, in that it first stated a rule, even if it wasn't exactly the right rule, and then it applied that rule to the facts at hand before providing a conclusion.

So it shows that you could struggle with even a few different parts of an essay and even miss out on what some of the key issues or rules are, but you can still pick up a lot of points along the way.

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Every nation has specific agencies and organizations that ensure that all the activities are not only smooth but also meet some specific criteria. United States of America has various organizations and agencies especially within the labor industry in a bid to ensuring that all the activities of production are not affected negatively. An example of such an agency is the National Labor Relations Board, which aims at providing a good working environment. The following discussion provides an overview of the board and its functions, jurisdiction, and the procedures through which the board attains its objectives, core values, and aims.

Overview of the Board and its functions

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The United States has several arms and agencies that are solely concerned with law enforcement. These policing institutions are created and managed by several levels of management including the federal, state and local level. Each agency operates under different jurisdiction and report to the specific management level. For instance, federal agencies as the name suggests, have federal jurisdictions and report to the federal government. To appreciate concepts of criminal law in the United States, it is important to understand these differentiate law enforcement agencies and their organization structure.

Federal Law Enforcing Agencies

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1. Introduction

A. Describe the issue

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The criminal justice system of the United States and other nations are often analyzed in an inward manner. It is treated as a local matter mainly because criminal justice is a preserve of a nation-state. However, internationally, the legal system of a country like the United States can be analyzed and reviewed within an absolute and relativist context. The purpose of this paper is to assess the impact of globalization on the American criminal justice system and also evaluate it in relation to other jurisdictions and how the American system fares internationally.

Globalization and the US Criminal Justice System

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THE IRAC METHOD EXAMPLE

Updated: Sep 30, 2023

We write law books using the IRAC method. We deliver the content of your course in the way you are expected to answer your questions. Have a look at the work exampled below. Then have a look at both the Core books and the Q&A law books.

IRAC METHOD EXAMPLE

What is irac method.

IRAC is an acronym which stands for the “Issue, Rule, Application, Conclusion” (IRAC). You may structure your answer to any law problem question or essay topic using the IRAC method . The issue, rule, analysis, and conclusion (IRAC) make up the fundamental framework used by law students around the world. You may be confident that your answer is comprehensive if you use this straightforward approach for constructing it. Other methods exist such as Celo and the FACT LAW SANDWICH. Choose the one that works for you.

How do I use the IRAC method? There is no point in talking about applying IRAC unless we show you how it works. Let use this excerpt of a contact law, problem question, from a law past paper to show you a IRAC Method example: “Michael promises to sell his 3 year old BMW car to Chithra for £100.00 as he has recently won a new expensive car in a competition”.

IRAC METOD - ISSUE

Your answer should start by addressing the problem that is raised in the essay topic or the issue in the problem question, these are easy to spot in a problem because the facts of the cases you have studied (where the principle emerges) is to be applied will be similar to the facts in your problem scenario. Thus there are occasions when the question itself will supply the problem for you to solve. If this is not the case, the next question to ask is: What is the legal issue that, once answered, will decide the outcome of the case? It is recommended that the issue be posed in the form of a question, and that the inquiry be specific rather than generic.

How do you write a IRAC example? So using our example above the question that needs to be asked is: “Is Michael contractually obliged to provide the BMW car to Chithra for £100.00?” This is the legal issue and this is ultimately the advice Michael is looking for. We can refine that question even further to demonstrate being specific. Thus the question is: was there sufficient consideration and can Chithra bring an action against Michael for this promise?

IRAC METOD - RULE

The rule explains whether statute or case law guideline is relevant to the matter at hand. Instead of stating the rule as a conclusion to the specific instance that is being discussed, the rule needs to be articulated as a universal principle.

For example in Michael’s case of the BMW, consideration must be sufficient. It can range from some form of payment to other interests of value under the law. Consideration must also be ‘adequate’, in terms of a bargain being made, although it is not imperative. Sufficiency remains of prime importance when forming a contract.

IRAC METOD - ANALYSIS

Your analysis is both the most crucial and the most time-consuming component of your answer. This will includes adapting the Rule to the specific details of the issue or situation Michael is facing. You need to do this. Apply this information to demonstrate how the rule may be used to get the conclusion. When it is feasible to do so, discuss the situation from both perspectives. You have to predict what Chithra’s lawyers will argue. It is essential that you do not only assert a conclusion but also provide the grounds that support it. If you reach a conclusion without providing any supporting evidence or rationale, it indicates that you have not applied the principle and considered the relevant facts in your analysis of the problem. A helpful hint for your discourse is that you may use the rule as a guide.

For Michael’s example a case the authority establishing this principle is Thomas v Thomas , where the court held that as long as there is valid consideration. Under the authority of Currie v Misa then the agreement has some benefit or detriment to the parties. Furthermore in Chappel v Nestle , the courts stated the chocolate wrappers constituted purported consideration. It was held that the offer Nestle made for the exchange of chocolate wrappers provided that they were of some value.

IRAC METOD - CONCLUSION

After considering the position of the law you have to apply it to the scenario. Your solution to the problem is presented in the conclusion. This is the advice that Michael wants! Please share the findings of your assessment. As a rule of practice always give the bad news first and then the good news because then you can give them your bill.

For example in advice to Michael, if Michael promised to sell his 3 year old BMW to Chithra for £100, this may not be the market value of the car. However, the £100 will still be deemed to be of some value, hence valid consideration, making the promise to sell the car enforceable by Chithra. Any attack on the enforceability of the contract could be based around there was never any intention to create legal relations.

THE FINISHED ADVICE

This is how the advice will read:

Michael’s promise to sell the BMW

Michael promised to sell his 3 year old BMW car to Chithra for £100.00 as he won a new expensive car. The question is: was there sufficient consideration and can Chithra bring an action against Michael for this promise? Consideration must be sufficient. It can range from some form of payment to other interests of value under the law. Consideration must also be ‘adequate’, in terms of a bargain being made, although it is not imperative. Sufficiency remains of prime importance when forming a contract. A case authority establishing this principle is Thomas v Thomas , [1] where the court held that as long as there is valid consideration under the authority of Currie v Misa [2] then the agreement has some benefit or detriment to the parties. Furthermore in Chappel v Nestle , [3] the courts stated the chocolate wrappers purported consideration. It was held that the offer Nestle made for the exchange of chocolate wrappers provided that they were of some value. In advice to Michael, if Michael promised to sell his 3 year old BMW to Chithra for £100, this may not be the market value of the car. However, the £100 will still be deemed to be of some value, hence valid consideration, making the promise to sell the car enforceable by Chithra.

[1](1842) 2 Q.B. 851 [2]ibid [3] [1960] A.C. 87

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Guest Essay

James Carville: Three Reasons I’m Certain Kamala Harris Will Win

By James Carville

Mr. Carville is a veteran of Democratic presidential campaigns, including Bill Clinton’s in 1992, and a consultant to American Bridge, a Democratic super PAC.

There is a palpable anxiety wailing on the winds of American life right now. More than in any other election in my lifetime, I’ve been consistently asked by people of all stripes and creeds: “Can Kamala Harris win this thing? Are we going to be OK?” This sentiment is heard over and over from sweaty Democratic operatives who all too often love to run to the press with their woes.

While I am not one to take part in the political prediction industry — recently ballooned by mysterious crypto investments gambling on a Donald Trump victory — today I am pulling my stool up to the political poker table to throw my chips all in: America, it will all be OK. Ms. Harris will be elected the next president of the United States. Of this, I am certain. Here are three reasons:

Mr. Trump is a repeat electoral loser. This time will be no different.

The biggest reason Mr. Trump will lose is that the whole Republican Party has been on a losing streak since Mr. Trump took it over. See 2018: the largest House landslide for Democrats in a midterm election since Watergate . See 2020: He was decisively bucked from the White House by Joe Biden. See 2022: an embarrassment of a midterm for Republicans off the heels of Dobbs . And the Democrats have been performing well in special elections since Trump appointees on the Supreme Court helped take away a basic right of American women. Guess what? Abortion is on the ballot again — for president.

There simply do not seem to be enough voters — even in the battleground states — who turn out at Mr. Trump’s behest anymore when he’s simply preaching to his base. He has not learned from his electoral losses nor done the necessary work to assemble a broad electoral coalition in 2024. Let’s not forget that seven weeks after Nikki Haley dropped out of the Republican primary, she received 158,000 votes in Pennsylvania — and some disaffected Haley voters are currently looking to move to Ms. Harris. Although Ms. Haley has endorsed Mr. Trump, losing even a fraction of those voters leaves Mr. Trump running the final leg of this race with a fundamental fracture of the femur. To add a cherry to the pie, most voters think Mr. Trump is too old to be president , but instead of easing their concerns, he’s spending the final days of the campaign jiving to the Village People and canceling interviews.

On the other side, in just three months Ms. Harris has assembled a unified and electrified coalition. From Alexandria Ocasio-Cortez to Liz and Dick Cheney, it is the broadest we have seen in modern political history. And Ms. Harris’s coalition is just as excited as the smaller opposition. This is shaping out to be a record-turnout election — and if the bigger coalition turns out with equal enthusiasm, it will be lights out for Mr. Trump.

Money matters, and Ms. Harris has it in droves.

More reality: Money matters in politics. If this weren’t the case, somebody would be wasting an awful lot of time raising it. Take it from Lindsey Graham, who is whining that Republicans are getting creamed in fund-raising. He’s not wrong to complain, since Ms. Harris is processing Cheddar like a Wisconsin cheese factory.

Since joining the race, the vice president has raised an eye-boggling $1 billion , and last quarter one of her fund-raising committees reeled in $633 million — dwarfing what Mr. Trump raised with two committees combined. All this cash not only effectively offsets the flow of money funneling in for Mr. Trump from some tech billionaires , but it has also given Ms. Harris the resources she needs to persuade swing voters with ads and to organize on the ground. With her field operation moving like a tremendous machine , it seems likely there has never been a greater disparity in voter contact efforts. Mr. Trump can run all the high-profile TV ads he wants painting Ms. Harris as extreme, but what’s less discussed is that she is more than fighting back with ads reminding voters of how Mr. Trump betrayed his oath of office after the 2020 election and ended a woman’s right to choose. She is strapped with the necessary cash to forcefully remind suburban women and voters in the middle that Mr. Trump is, in fact, the extremist candidate.

It’s just a feeling.

My final reason is 100 percent emotional. We are constantly told that America is too divided, too hopelessly stricken by tribalism, to grasp the stakes. That is plain wrong. If the Cheneys and A.O.C. get that the Constitution and our democracy are on the ballot, every true conservative and every true progressive should get it too. A vast majority of Americans are rational, reasonable people of good will. I refuse to believe that the same country that has time and again overcome its mistakes to bend its future toward justice will make the same mistake twice. America overcame Mr. Trump in 2020. I know that we know we are better than this.

Now, I don’t mean for my prediction of a Harris victory to breed complacency. We still have days of vital work to do. I say all this because a movement that marches with hope is 1,000 times as thunderous as a movement that marches with dread.

For the past decade, Mr. Trump has infected American life with a malignant political sickness , one that would have wiped out many other global democracies. On Jan. 6, 2021, our democracy itself nearly succumbed to it. But Mr. Trump has stated clearly that this will be the last time he runs for president. That is exactly why we should be exhilarated by what comes next: Mr. Trump is a loser; he is going to lose again. And it is highly likely that there will be no other who can carry the MAGA mantle in his wake — certainly not his running mate.

In two weeks, we not only have a chance to elect Kamala Harris as president, but a chance to bring finality to the sordid career of Donald Trump and drive MAGA into a prolonged remission.

See you on the other side.

James Carville is a veteran of Democratic presidential campaigns, including Bill Clinton’s in 1992, and a consultant to American Bridge, a Democratic super PAC.

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