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Legal problem solving: Conclusion

Legal problem solving: IRAC

Come to a conclusion

The conclusion is your answer to the issue. There is usually no "right" answer. What is important is the process of legal reasoning that leads to your conclusion.

Reach a convincing conclusion on all of the legal issues in the factual problem, based on strong support from case law and legislation. 

You must come to a conclusion based on the evidence. Choose the argument you think is the strongest and articulate what you believe to be the appropriate advice. It is acceptable to say that there are valid arguments either way.  

 

Example:

X Pty Ltd can exercise control over how Matthew performs his work. Therefore, per the multi-factor test confirmed in Stevens v BrodribbMatthew can be regarded as an employee while under the terms of engagement.

Tips:

  • You cannot be definite in concluding that the courts will decide in your favour. Use terminology that supports the likelihood of a particular outcome, eg such as "will likely ..." or "can be ...".
  • Read this article for ideas on How to Structure Your Legal Memorandum