A CADEMIC S UPPORT : SKILLS W ORKSHOP S ERIES Preparing for Midterms Prof Homer: [email protected] Prof Schandler: [email protected] Prof

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 family

Would 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 security

Insert cases your Professor identifies as important/need to know

No 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


Intent Confinement to a bounded area with no reasonable means of

escape Plaintiff’s awareness



Sessions

Review Class notes

for understandin

g

Adjust Outline

Assess what you

know

Update Outline


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


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 Law

Plaintiff Awareness


Facts to Support/∏’s arg.

Facts that don’t Support/∆’s arg.

Intent

Confinement

With No Reasonable Means of Escape

Plaintiff 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


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:

IRAC

I: 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.


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. F

alse Imprisonm

ent)Issue #1 (with heading)


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.


EXAMPLE OF AN “A” ANSWER VS. “C” ANSWER

See handout: What do you notice right away?




Sessions

Review Class notes

for understandin

g

Adjust Outline

Assess what you

know

Update Outline


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

Documents

A CADEMIC S UPPORT : SKILLS W ORKSHOP S ERIES Preparing for Midterms Prof Homer: [email protected] Prof Schandler: [email protected] Prof