academic support: skills workshop series
DESCRIPTION
Academic Support: SKILLS Workshop Series. Prof Homer: [email protected] Prof Schandler : [email protected] Prof Seigler : [email protected] . Preparing for Midterms. Overview of Workshops. Fundamentals of law school Reading, briefing, outlining - PowerPoint PPT PresentationTRANSCRIPT
ACADEMIC SUPPORT: SKILLS WORKSHOP SERIES
Preparing for Midterms
Prof Homer: [email protected] Schandler: [email protected] Seigler: [email protected]
OVERVIEW OF WORKSHOPSFundamentals of law school
Reading, briefing, outlining Preparing for midterms
More on outlining, essay questions, exam prep
Learning from midterms and preparing for final exams
Fine tuning your outlining and test taking skills through the substantive lens of CivPro/CrimLaw
Why we have midterms
THIS IS YOUR FIRST OPPORTUNITY TO ASSESS: Your ability to comprehend what you’re reading Your ability to issue spot as you read Your ability to organize the issues, while
prioritizing your time and “hot issues” Your ability to analyze Your ability to write clearly and accurately Your ability to do all of this…. Quickly
HOW TO PREPARE?
LAW SCHOOL STUDY CYCLE
Practice Exams/ Review
Sessions
Review Class notes
for understandin
g
Adjust Outline
Assess what you
know
Update Outline
Read, brief, class notes
SO… WHO HAS STARTED OUTLINING?
<Every hand should be raised!!!>
CREATING AN OUTLINING FROM BRIEFS/IN-CLASS NOTES
BRIEF & IN-CLASS NOTES
McCann v. Wal-Mart Stores, Inc. 210 F.3d 51 (1st Cir. 2000).
Parties:∏—McCann family shopping at Wal-mart∆—Wal-Mart
Facts: The McCann mother and her sons were shopping at a Wal-Mart They were mistaken for another family who had been forbidden to shop there (the other family had a son who'd been caught shoplifting). The Wal-Mart employees detained the family, saying that they had to stay and that they were calling the police. The McCanns were there at Wal-Mart's behest for about an hour.Security officer arrived and said the McCanns were not the forbidden familyWould it have mattered if they were the family forbidden to shop there?They still would have been confined, but they may have had legal authority.Procedure: The McCanns sued for false imprisonment. $20k to ∏. Wal-Mart appeals.
Issue: Were the McCanns actually confined?
Holding:Yes.
Rule:A false imprisonment is the intentional confinement of another in a fixed boundary for an appreciable amount of time, with no reasonable means of escape.The confinement may be accomplished by1. Physical barriers; 2. Force or threat of immediate force against the victim,
the victim’s family or others in her immediate presence, or the victim’s property;
3. Omission where the defendant has a legal duty to act; or 4. Improper assertion of legal authority.
Reasoning:
Confinement can be based on a false assertion of legal authority to confine. Moral pressure is not enoughTest: Would a reasonable person believe they were unable to leave? If they believed the cops are coming, probablyDuress of Goods—If the ∆ takes property and the person would have to leave behind the property in order to leaveWal-Mart asserts that there must be actual, physical restraint, quoting (Kowlton v. Ross); The language is taken out of context and was simply used to illustrate that in no way was the plaintiff in that case restrained.How long do you have to be “falsely imprisoned” to have a claim?An appreciable amount of time.Does this count as confinement?Yes. They didn’t have legal authority and it was for an appreciable amount of time.
Shopkeeper’s Privilege—Qualified privilege to detain for a reasonable amount of time, in order to recapture property as long as you have reasonable belief that that they stole the property and act within a reasonable time and reasonable manner.To investigate Ownership of the Property:1. Reasonable belief someone stole the property2. Reasonable amount of time3. Detention has to be in a reasonable matterIn this case the people didn’t steal anything. But if they were the family in question they would have been considered trespassing.
Always look for Shopkeepers Privilege Defense on an exam if you issue spot FI
HOW DID YOUR CLASS DISCUSSION ENHANCE OR INCREASE YOUR UNDERSTANDING OF THE RULES?
False Imprisonment—the intentional confinement to a bounded area with no reasonable means of escape, without consent or authority of law, that the plaintiff is aware of.
Intent Confinement to a bounded area with no reasonable means of escape Plaintiff’s awareness
The confinement may be accomplished by1. Physical barriers; 2. Force or threat of immediate force against the victim, the
victim’s family or others in her immediate presence, or the victim’s property;
3. Omission where the defendant has a legal duty to act; or 4. Improper assertion of legal authority.
How long do you have to be “falsely imprisoned” to have a claim?An appreciable amount of time.
FULL LENGTH OUTLINE—FI RULE: a false imprisonment is the intentional confinement of another in a fixed boundary for an appreciable
amount of time, with no reasonable means of escape. ANALYSIS:
Intent– purpose, desire, or knowledge to a substantial certainty.Confinement within a bounded area—confinement must be within a bounded area for an appreciable amount of time.: It can be achieved by:a. physical threatb. physical barrierc. force or threat of forced. duress (without legal authority)
Moral pressure and future threats are insufficient.Duress of goods—if they take the prop and the person would have to leave it
behind to leaveCases to help:
•∏ v. ∆—showed that taking the property of another can constitute a FI where if the person left they would not get their prop back=constructive confinement•McCann v. Wal-Mart—an appreciable amount of time of confinement 1 hour in confined area waiting for securityInsert cases your Professor identifies as important/need to knowNo reasonable means of escape—there must be no reasonable means of escape. locked door, closed space, etc.
Jumping out of a window is usually not reasonableIf victim uses unreasonable means of escape they’re liable for own injuries; unless they think they’ll be harmed in confinement
That Plaintiff is aware of: Plaintiff must have knowledge of the confinement.Can be made aware by being injured from the confinement
OUTLINING “TYPES” Two types of people
“Maximalists” Start big and edit down to something manageable
“Minimalists” Start with “skeletons” and fill in the gaps
EXAMPLE OF SKELETAL FORM (PLAN OF ATTACK)
Battery—The intentional harmful or offensive touching of another’s person.
Intent Harmful or offensive standard: Contact
Assault—intentionally causing of apprehension of an imminent harmful or offensive contact.
Intent Apprehension Immediacy/imminence Harmful/Offensive Contact
False Imprisonment—the intentional confinement to a bounded area with no reasonable means of escape, without consent or authority of law, that the plaintiff is aware of.
Intent Confinement to a bounded area with no reasonable means of
escape Plaintiff’s awareness
LAW SCHOOL STUDY CYCLE
Practice Exams/ Review
Sessions
Review Class notes
for understandin
g
Adjust Outline
Assess what you
know
Update Outline
Read, brief, class notes
Now…what to do with your outline?
PRACTICE EXAMS
Start taking practice exams in exam-like conditions
EXAM WRITING STRATEGY
1 Read the call of the question2 Read the fact pattern3 Pre-Write Outline answer with
key facts4 Write exam in IRAC form
focusing on analysis
Read the call of the ?
Read the fact
patternOutline Write in
IRAC
HANDOUT
Lauren vs. Sister Heidi—What is the call of the Question?
1. Read the Call of the Question:
False Imprisonment
Key fact vs non key fact Key fact: if changed or eliminated, would
change the outcome of the case- create legal dispute between the parties
Non key fact: background facts colorable fact (emotionally charged) red herrings (get you writing an issue that isn’t
there)- 2 ways to handle it 1) ignore or 2) tell why it’s not an issue
Preclusion facts (“Jenny was negligently injured” or “P and D entered into a valid K)- don’t write about it!
2. Read the Fact Pattern:
WHAT TO DO WHILE YOU READ THROUGH THE QUESTION:
Pay attention to the factsKey facts vs. non-key facts
Take notes/underline/highlight key facts
1 minute read-through!
2. Read the Fact Pattern:
PRE-WRITE OUTLINING Quick How-to:
3. Outline your answer using your outline structure + utilizing key facts :
Spend about 20-25% of the allotted time creating a Pre-Write Outline
1. Organize your Pre-Write Outline By Issues and Parties
2. Fill your Pre-Write Outline with content that identifies: The Issue Key facts that relate to the issue and or an element of
the issue Defenses/counterarguments/privileges
3. Review: The fact pattern to make sure you have used all key
facts Use your checklist to ensure you caught all issues
4. Start writing!
Let’s Organize the Issues
Here, the question directs us to one main issue…. … But what about the elements? Which ones are
“hotter” Intentional Confinement within a bounded area With no reasonable means of escape That the plaintiff is aware of
Efficiency Tip: Spend more of your time analyzing those “hot” issues
3. Outline your answer using your outline structure + utilizing key facts :
PUTTING THE PUZZLE TOGETHER
PRE-WRITE OUTLINE YOUR ANSWER3. Outline your answer using your outline structure + utilizing key facts :
Facts to Support/∏’s arg.
Facts that don’t Support/∆’s arg.
Intent
Confinement w/ no reasonable means of escape
Without Consent
or
Authority of LawPlaintiff Awareness
3. Outline your answer using your outline structure + utilizing key facts :
Facts to Support/∏’s arg.
Facts that don’t Support/∆’s arg.
Intent
Confinement
With No Reasonable Means of EscapePlaintiff Awareness
Heidi led Lauren to small room in cellar, told her to remain inside
H purposefully placed L in the room for the “encounter”
No facts re: whether H’s intent was to imprison L or if her intent was to have L participate by remaining in the cellar room
Room inside a cellar—underground, usually no other doors/windows
Nuns prayed on the outside of door
No facts specifically stating the door was closed (but you could prob assume it was)
Room inside a cellar—underground, usually no other doors/windows
Nuns might have been blocking door L had claustrophobia—maybe consumed by
fear and couldn’t move
L did not make any attempts to leave Facts do not mention lock on door Never attempted to leave, controlled breathing,
fell asleep= participating in exercise
L had history of claustrophobia so she was more prone to notice enclosed spaces
Shouted that she was frightened Controlled her breathing—panicking
due to her awareness
Not injured during the confinement She fell asleep so she was not
aware of the confinement at that time
Analysis= explaining WHY these facts support the element
IRAC—A TRANSFERABLE SKILL
McCann v. Wal-Mart Stores, Inc. 210 F.3d 51 (1st Cir. 2000).
Parties:∏—McCann family shopping at Wal-mart, ∆—Wal-Mart
Facts: The McCann mother and her sons were shopping at a Wal-Mart They were mistaken for another family who had been forbidden to shop there The McCanns were detained there at Wal-Mart's behest for about an hour.Security officer arrived and said the McCanns were not the forbidden family
Procedure: The McCanns sued for false imprisonment. $20k to ∏. Wal-Mart appeals.
Issue: Were the McCanns actually confined?
Rule:A false imprisonment is the intentional confinement of another in a fixed boundary for an appreciable amount of time, with no reasonable means of escape.
Reasoning/Analysis: Confinement can be based on a false assertion of legal authority to confine. Wal-Mart asserts that there must be actual, physical restraint, quoting (Kowlton v. Ross); The language is taken out of context and was simply used to illustrate that in no way was the plaintiff in that case restrained.
Holding/Conclusion:Yes.
Battery—The intentional harmful or offensive touching of another’s person.
Intent Harmful or offensive standard: Contact
Assault—intentionally causing of apprehension of an imminent harmful or offensive contact.
Intent Apprehension Immediacy/imminence Harmful/Offensive Contact
False Imprisonment—the intentional confinement to a bounded area with no reasonable means of escape, without consent or authority of law, that the plaintiff is aware of.
Intent Confinement to a bounded area with no reasonable means of escape Plaintiff’s awareness
Issue Rule
Analysis
4. Write exam in IRAC form focusing on analysis:
IRACI: Issue- What is the issue raised by the call of the question? Are there sub-issues involved?
R: Rule- Give a concise but accurate statement of the black letter law.
A: Analysis- Thorough application of the facts to the rule. FACTS + WHY! Use “mini IRACs”
C: Conclusion- Short conclusion. One to two sentence only.
4. Write exam in IRAC form focusing on analysis:
IRA
CI
irac
irac
(State parties involved + COA [aka issue]) Example: the issue here is whether… (black letter law [aka “rule”], accurate and concise) Example: Intentional confinement within a . . .
(break down element #1 w/ heading) Example: Intentional(rule for element #1) Example: Rule statement for intent(fact+why fact is important for element #1) (conclude for element #1—whether it was met or not) (continue making mini-iracs per element, w/ headings for each) (overall conclusion—1 sentence!)
Issue #2(State parties involved + COA for next issue spotted)
One issue (ex. False Im
prisonment)
Issue #1 (with heading)4. Write exam in IRAC form focusing on analysis:
ANALYSIS = FACTS+WHY
It’s not enough to list the facts that are relevant to each element, you must explain WHY they are relevant For Example:
“Sister Heidi led Lauren into the room and instructed her to stay inside. Sister Heidi willfully confined Lauren.
CONCLUSORY
“Sister Heidi (SH) “led” Lauren (L) into the room, which shows that SH wanted L to go inside the cellar. SH also “instructed” L to remain inside the cellar which establishes that SH intended for L to not only step into the cellar room but also wanted her to remain within the confines of the small cellar. Therefore, SH’s actions show she intended to confine L.”
ANALYZES Fact + Why
Vs.
4. Write exam in IRAC form focusing on analysis:
EXAMPLE OF AN “A” ANSWER VS. “C” ANSWER
See handout: What do you notice right away?
4. Write exam in IRAC form focusing on analysis:
LAW SCHOOL STUDY CYCLE
Practice Exams/ Review
Sessions
Review Class notes
for understandin
g
Adjust Outline
Assess what you
know
Update Outline
Read, brief, class notes
ASSESSMENT & COMPONENTS OF AN “A” ANSWER
Organization: Was it easy to
organize an answer based on how your outline is structured?
Was your outline in IRAC?
Analysis: Did you catch all
issues key issues?
Did you catch all key facts/hot issues?
Did you identify counter arguments & affirmative defenses?
Comprehension: Did you make up
or misstate facts OR did you make logical inferences?
OVERALL MIDTERM STRATEGY:
Know your rules statements coldIssue spot, issue spot, issue spot
Answer the call of the questionUse all key factsUse IRAC structureDiscuss BOTH sides of the argument
—when applicable
FIRST YEAR LAW SCHOOL SUCCESS
Live Lecture @ WLS:Saturday October 6, 2012
9:00 a.m. – 1:30 p.m.Room 14—COMPLETELY FREE
*Bring your yellow BARBRI Book
An Exam Writing Workshop Presented by BARBRI Bar Review
NEXT WORKSHOP
Section A: Thurs. Nov 15 12-1 in room 8
Section B: Wed. Nov 14 2-3 in room 10
Section C: Tues. Nov 13 12-1 in room 12
Learning from Midterms and Preparing for Final Exams