FIRAC MODEL - Learning

FIRAC MODEL F FACTS RELEVANT FACTS Parties Places and objects ( Where the facts arose and what objects were involved)

Basis of the case (legal issues arising from the facts) Any legal defence to the legal action? What legal relief is being asked for? (Eg. Money claim, criminal charge fine or imprisonment) I ISSUE What is the legal issue or question of law? What does the client actually want to

know? STEPS TO FOLLOW: What branch of law is involved? What specific area of law within this branch of law needs to be looked at? What question of law, or legal issue van be identified? R RULE OF LAW

Which legal rules is applicable? Which of the following legal sources can help me solve the problem? Does the constitution have any provision that should be taken into account? Are there any relevant legislation on this matter? Are there any cases reported on this matter? What are the comman law provisions? Compile a synthesised rule of law A APPLICATION

Apply the rule of law as stated to the problem. Consider each one of the facts. Weigh every detail of the problem up against the law. Might not be straight forward similarities/ analogy. C - CONCLUSION

Must be based on the application of the law. Answer the legal issue question that was asked in the beginning. Comment when necessary eg law reform, equitable solution was obtained, policy changes needed ect. FIRAC FORMAT FACTS ISSUE RULE OF LAW

CONSTITUTION LEGISLATION CASE LAW COMMON LAW/ CUSTOMARY LAW APPLICATION CONCLUSION

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