PUBLIC INTERNATIONAL LAW

MUN SKILLS WORKSHOP 3

ISSUE SPOTTING
Rebecca Kumi
2 MUN Skills Workshop 2
 Legal Analysis Introduction

Knowledge of the law

is not enough. You
must have the ability Answering for
to apply principles of problem
law to new and questions:
unusual factual
situations

using the law to

is identifying the
determine the best
correct legal
possible outcome
issues, and
for a case

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 Starting Point: The Problem Question

• with a certain set of facts,

or ‘fact pattern’
Real or • designed to raise issues
Hypothetical and sub issues that do not
cases: have obvious answers.
• Raise an issue of legal
responsibility

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 Learning Goals for today:

Be able to Analyze a problem

and identify separate legal
issues

Create well-structured answers

in IRAC for coursework, exams,
supervisors, or clients…

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 IRAC
Issue: Define the relevant legal
issue

Rule: Identify and explain the

relevant laws, rules or principles
derived from statutes and cases

Application: Apply the rules to

the facts of the case

Conclusion: Form a conclusion

that answers the legal/problem
question

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ISSUE
 Issue Spotting

The practice of law, is

about interpreting the law
at dawn and dusk: not the
times when it’s clear but at
the time when things are
murkiest.

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1. Find the Legal Issue by looking • What is controversial
at what is unclear in the case facts?

• What is ambiguous?

• Where is there a
disagreement?
2. Find the Legal Issue by finding
Parties • There will always be at
least one party

• List whether parties in

the question are those
who have a claim or
those who face
liability.

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3. Find the Legal Issue by analysing • What happened to the
the facts: Events
parties?

• Look for:
− points of interaction,
− developments in the
storyline, and
− results,
− effects,
− consequences

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4. Find the Legal Issue by finding the
Relevant Area of Law

• What area of law is

relevant to the problem?
• What clues does it
provide for the potential
Issue?

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 1. Analyze
the facts

2.
5. Ambiguous?
Controversial
Applicable ?
Laws? Disagreement
?

Legal 4. What 3. Who are

Issue happened? the Parties?

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 Present the Issue as a question or as a statement:

How to
• The issue is whether…

Frame
Be as specific as possible

the legal
• Not: “Will the plaintiff win?”
• Better: “Is there an agency relationship?”

issue?
• Best: “Is there an agency relationship if there was no compensation
paid?”

The issue should be as case-specific as possible;

mentioning the parties’ names and specific facts of the case.

• “Did Jones have an agency relationship with ZEE Corp. due to his
acting on behalf of ZEE Corp. and following its instructions?”

If there is more than one issue to address, then you must

write a separate IRAC analysis for each issue.
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Practice
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Case One
The Olympic Committee has certain rules regarding doping. These state that it is each
athlete’s responsibility to ensure no prohibited substances enter their body. These
prohibited substances include: Anabolic Steroids, Bambuterol, Clenbuterol and Salbutamol.
Athletes may be required to take random drug tests up to one week before and/or one week
after they compete. Any athlete who has tested positive for any of the prohibited substances
will be disqualified and all of their records will be stripped.

Nathan Bolt, an Australian sprinter, won the gold medal in the 100m sprint. Three days after
he competed, Bolt was required to take a random drug test. Traces of anabolic steroids
were found in his blood. Bolt claims that he has no idea how these got into his system.

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Analysing Make a Table:

the Facts
Claimant Event Defendant

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Case Study 2
1. Find the Legal issue by distinguishing the events, parties, and their
relationships…

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Case Study 2
Brian runs a small farmyard activity center in West Yorkshire. Gladys and her
granddaughter, Camilla,7, visit the center. They go into the stable yard where there
are large signs that read ‘horses may bite, so mind your fingers’ and ‘please do not
feed the horses – they may gnaw your hands instead!’. Gladys sees the signs but
has left her glasses in the car so cannot read what they say. She feeds slices of
apple that she has brought with her to several horses and receives a nasty bite
from Clopper, the center's temperamental stallion. There used to be a sign on his
door that warned that stallions can behave unpredictably, but it had fallen off and
not been replaced.

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Case 2 Continued…
Upset by her experience, Gladys goes into the cafeteria. She tells Camilla not to
wander off, but Camilla ignores Gladys and goes into Brian’s exhibition of farm
equipment. Two of the rarest machines were roped off to protect them from the
public (and the public from them ). Camilla climbs over the ropes and climbs one of
the machines, inevitably receiving a deep cut from one of the sharp blades.

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Case 2 Continued….
In the cafeteria, employee Betty is making Gladys a tea. The Cafeteria is newly
renovated and the work was done by local handyman, Andy. Andy is an excellent
carpenter, but lacks expertise in electrical fittings. As a result, some of the wiring is
incorrect and this causes a major powersurge, which causes the electric kettle to
explode, showering Betty with boiling water and causing her to suffer serious
burns.

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 Analysing the Facts
Party 1 Event Party 2 Other Parties
Claimant Defendant

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 Issue Spotting Issue?

1. Analyze
the facts

5. 2. Ambiguous?
Controversial?
Applicable Disagreement
Laws? ?

Is Brian Liable?

4. What 3. Who are

happened the
? Parties?

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 Case 2 Issue
Spotting

Consider:
1. How many separate issues are
there?
2. Which pertain to Brian’s liability and
which do not?

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What are the legal issues?

1. Can Gladys hold Brian liable

for her injuries after she was
bitten by his horse
2. Can Camilla/Gladys hold
Brian liable for the cuts
caused by his machinery?
3. Can Betty hold Brian liable
for the injuries she received
when the kettle exploded?
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 Finding
Sub-Issues

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 Sub-Issues According to Occupier’s
Liability 1957
What needs to be
established for
Occupier’s
Liability?

Is the defendant Is the claimant a

the occupier of the lawful visitor or
premises? trespasser?

Does the
Is the claimant in a Did the defendant
defendant have a Is there any
special category for exclude liability by
general duty of defense?
care? displaying a sign?
care?

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Sub Issues
Can Gladys hold Brian liable for her injuries after she was bitten by his
horse
• Sub Issue?
• Sub Issue?

Can Camilla/Gladys hold Brian liable for the cuts caused by his
machinery?
• Sub Issue?
• Sub Issue?

Can Betty hold Brian liable for the injuries she received when the
kettle exploded?
• Sub Issue?
• Sub Issue?

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Worksheet: Case Analysis + Issue Spotting
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 Exercise 2

Lucy was driving through The Hague behind a contractor’s pick-up truck. She could see
that the tailgate of this vehicle has been left down. As the truck rounded a bend, a large
container of paint slid along the bed of the truck, before falling out. The container hit the
road directly in front of Lucy’s car and burst open. The front of Lucy’s car, a two-year-old
silver Mercedes A-Class, was sprayed with paint. In addition, the container also hit and
then cracked the front bumper of her car. The estimated cost of replacing the bumper,
and the cleaning, then respraying the affected.

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Answers Claimant Event Defendant

Exercise 2 1.
2.
Lucy
3. ?
4.

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Answers
Exercise 3

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 Exercise 3
Party 1 Event Party 2 Other Parties
Claimant Defendant

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Exercise 3 Legal Issue Answers:

1. Did the Spanish authorities engage in degrading or inhuman

treatment or torture in relation to El Born?
2. Did the Spanish authorities respect El Born’s right to a fair
trial?
3. Is El Born’s application before the European Court of
Human Rights admissible
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Takeaways

• Answering problem question technique - IRAC

• When identifying the issue, take note of relevant facts relating to the two key
variables: parties and events. This will help you address the key question:
who has done what?
• The issue is at the nexus point between Parties, Events and the Area of Law

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