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FIRAC MODEL

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?

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FIRAC MODEL

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  1. FIRAC MODEL

  2. 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)

  3. 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?

  4. 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 legislationon this matter? • Are there any casesreported on this matter? • What are the comman law provisions? • Compile a synthesised rule of law

  5. 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.

  6. 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.

  7. Firac format • FACTS • ISSUE • RULE OF LAW • CONSTITUTION • LEGISLATION • CASE LAW • COMMON LAW/ CUSTOMARY LAW • APPLICATION • CONCLUSION

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