The legal problem scenario question (AO2): identifying the legal issues, stating the relevant law with authority, applying it to the facts, and reaching a reasoned conclusion using the IRAC or define-apply-conclude structure.

What this dot point is asking

OCR Law tests AO2 (the application of law to facts) heavily: AO2 is worth 40 per cent of the A-level, and the scenario questions in Section B of every component are where it is examined. This dot point is about the skill of answering a legal problem scenario: identifying the issues, stating the law with authority, applying it to the facts, and reaching a reasoned conclusion. It applies across criminal law, tort, contract and human rights.

The answer

Why the scenario matters

The IRAC structure

The dependable method is IRAC (Issue, Rule, Application, Conclusion), also taught as define, apply, conclude:

• Issue. Read the facts and identify the legal questions they raise: which offence(s), tort(s) or right(s) are engaged, and which defences might apply. A scenario often raises several issues and several parties; list them.
• Rule. State the relevant law for each issue with authority: the statute and the leading case, and the elements that must be proved (for example the actus reus and mens rea of an offence, or duty, breach and damage in negligence).
• Application. Apply each element to the precise facts. This is the heart of the answer and where the AO2 marks are won: take the rule and ask whether these facts satisfy it, citing the fact and the authority together.
• Conclusion. Reach a reasoned conclusion for each issue and party: is the party liable, what offence best fits, can a defence succeed? Where the facts are ambiguous, explain the alternatives and conclude on the most likely outcome.

Dealing with multiple issues

A scenario typically contains several acts, parties and issues. Take them one at a time: identify each issue, run IRAC on it, and conclude, before moving to the next. For criminal scenarios, climb the ladder of offences act by act and consider defences; for tort, run the elements of the relevant tort and then the defences and remedy; for human rights, identify the right, classify it, and apply the relevant test.

Examples in context

A strong scenario answer reads like advice: issue, law, application to the facts, conclusion, repeated for each issue.

Try this

Q1. Explain what the IRAC structure stands for and why it is used in legal problem questions. [shown at the 10-mark level for revision; scenario questions are worth up to 20 marks]

• What the marker wants. Precise AO1 within a skills frame: Issue (the legal questions raised), Rule (the relevant law with authority), Application (applying the law to the facts), Conclusion (a reasoned outcome); it ensures the answer applies the law rather than describing it.

Q2. Advise whether Ellie is liable to Farid for the damage caused when her tree fell onto his car during a storm. [a representative scenario testing AO2 application, 20 marks]

• Cue. An AO2 application: identify the issue (negligence or nuisance), state the rule (duty, breach and damage, or unreasonable interference), apply it to the facts (was the tree obviously dangerous, did Ellie take reasonable care), and conclude on liability.