FILAC Method of Problem solving

Problem questions in law are answered using a simple formula

1. Facts
Identify and state the material facts given in the problem

2. Issues:

Identify and state the legal issues presented by the problem question. What is the legal question
that, when answered, determines the result of the case? The issue should be stated in the form
of a question in a specific, rather than general form: “Is there an agency relationship if there
was no compensation paid?” would be an acceptable issue.

Example “ Is the defendant liable without any evidence of negligence/Is the defendant strictly
liable?

3. Law/Rule applicable:

The rule describes which law or test applies to the issue. The rule should be stated as a general
principal, and not a conclusion to the particular case being briefed. Example: “An agency
relationship is created when there is an agreement that the agent will act for the benefit of the
principal at the principal’s direction or control regardless of whether compensation is paid”
would be an acceptable rule.

Example 2: The rule in Rylands v. Fletcher is applicable in the Instant case.

Identify the relevant sections of Statute, decisions of court (precedents) applicable to the given
set of facts

4. Arguments

The analysis is the most important, and the longest, part of your answer. It involves applying
the Rule to the facts of the problem or question. You should use the facts to explain how the
rule leads to the conclusion. Discuss both sides of the case when possible. Important: Do not
merely state a conclusion without also stating reasons for it. A conclusion without reasons or
explanation means that you have not used the rule and the facts to analyze the issue. Hint: The
rule can be used as a guide in your discussion. Example: Suppose the issue is whether A is an
independent contractor. Using the facts of the case, explain whether or not they fit into the
definition of what is an independent contractor: “In this case, A was told by the foreman what
to wear, how to operate the machine, and when to report to work each day, giving her little
control over the job.”

5. Decision/Conclusion:
The conclusion is your answer to the Issue. State the result of your analysis. Examples: “Smith
is liable for negligence” or “Therefore, no valid contract was formed between X and Y.” If there
are multiple issues, there must be multiple conclusions as well.

Model Problem
Jane has been living with Ally for the past 8 years. They have not gone through any formal
marriage ceremony.The two have been blessed with 2 children, Peter (6) and Mary (3).Jane
tells you that before they started living together, Ally (a Muslim) had agreed that he would
change his religion so that the two would go through a formal Christian marriage ceremony. 8
years have passed now and, although the two children of the relationship were baptized and
regularly attend Christian services with their mother, Ally is unwilling to change his religion.
Jane feels that she has been cheated and that it’s an embarrassment to her parents, who are
very devout Christians.They have a house on a plot of land which Jane had purchased before
they started the relationship.About 90% of the construction costs for the house incurred by Jane
since Ally has no formal employment.Jane wants to end the relationship and have the house
registered in the name of the two children.

Advice Jane accordingly or Write a concise legal opinion to Jane

Facts
Here you should state the material facts of the scenario given.

If the scenario is too long and for the purpose of the time you may skip this part and move on
to the next step.

From the above example, the following facts may be extracted.

• That Jane has been living with Ally for the past 8 years.
• That they have not gone through any formal marriage ceremony.
• That they have been blessed with 2 children, Peter (6) and Mary (3)
• That they have a house on a plot of the land which you had purchased before they started
the relationship. About 90% of the construction costs for the house incurred by you.
• Jane wants to end the relationship and have the house registered in the name of the two
children
Issues
Issues refer to the things which require a legal response in your scenario. Avoid having a lot
of issues. Focus on the major issues only. From the above example, the following issues may
be raised.

1. Whether Jane can end the relationship?

For example, from our issues, we can see that the issues are based on marriage and land
respectively. Therefore you have to list all marriage and land laws that are applicable to your
scenario. for Example. Law of Marriage Act, The land Act, etc. When necessary show the
relevant provisions.

Arguments/Application of the law to the facts

Whether Jane can end the relationship?

The law that governs conjugal relationships in UK is the Law of Marriage Act [CAP 29 R.E
2009]. Under section 160 (1) its provides that where it is proved that a man and woman have
lived together for two years or more, in such circumstances as to have acquired the reputation
of being husband and wife, there shall be a rebuttable presumption that they were duly married.

According to the case of John Kirakwe V Iddi Siko 1989 TLR 215 (HC) the only three important
elements to constitute a presumption of marriage are: (a) that the parties have cohabited for
over two years; (b) that the parties have acquired a reputation of being husband and wife; (c)
that there was no formal marriage ceremony between the said couple.

In the given scenario, element (a) and (c) are clear in the sense that you have been living with
Ally for 8 years and they have not gone through any formal marriage ceremony. Element (b) is
uncertain. Its certainty is depending on how the neighbors perceived your relationship. Thus if
neighbors perceived your cohabitation as husband and wife, then the marriage will be
presumed. But if not, the presumption will be rebutted.

Decision/Conclusion
This is the last part of your question. This part contains the general response to the whole
scenario.For example, if you have been asked to give legal advice then this part should
contain specific legal advice.