Academic Support: SKILLS Workshop Series

1. Academic Support: SKILLS Workshop Series Fundamentals for the Study of Law Prof Homer: jhomer@law.whittier.edu Prof Dombrow: kdombrow@law.whittier.edu Prof Gutterud: hgutterud@law.whittier.edu

2. Overview of Workshops • Fundamentals of law school • Reading, briefing, outlining • Preparing for midterms • More on outlining, essay questions, multiple choice • Learning from midterms and preparing for final exams • Fine tuning your outlining and test taking skills

3. Before we get going… your motto: Effective & Efficient

5. Law School Fundamentals Introduction to IRAC • Learning and thinking in IRAC • Reading in IRAC • Briefing in IRAC • Outlining in IRAC

6. Simple form I: Issue- what is the point of the analysis? R: Rule- concise but accurate statement of the black letter law A: Analysis- thoroughapplication of the facts to the rule C: Conclusion- short conclusion of if the elements of the rule have been met

7. Complex form • Issue • Rule • Analysis • Sub-issue • Rule • Analysis • Conclusion • Conclusion MINI IRAC

8. Example of complex form • I: Has assault occurred? • R:An assault is 1) intentional act 2) that creates reasonable apprehension 3) of immediate 4) harm or offensive contact to P. • A: Sub-issues: • Intent/Desire (separate IRAC) • Reasonable apprehension (IRAC) • Immediacy • Harmful or offensive (Separate IRAC) • C: Here there is/is not an assault, BECAUSE

9. Think in IRAC: Reading cases in IRAC Train yourself to think like a lawyer

10. Read cases in IRAC • Be an active reader • Before reading: • Identify the issue and/or sub-issue • Check syllabus heading (if there is one) • Check Chapter headings • Check sub-heading

13. As you read: • Pay attention to the facts • Key facts versus non key facts • Find the IRAC • Note the rule • Note the court’s application and analysis • Note the holding • Take notes/underline

14. Brief cases in IRAC Briefly describe facts and procedural history [I] State the issue [R] State the rule applied by the court [A] Summarize the court’s analysis (very important) and courts reasoning (why!) [C] Identify the holding.

15. HANDOUT • Leichtman v WLW, INC. • Comprehension

16. Leichtmanv. WLW Jacor Communications, Inc.Ct of Appeals of Ohio, 1994 Parties: ∏ Leichtman—anti-smoking advocate ∆ WLW—radio station Procedural History: Trial court dismissed the battery claim Facts: ∏ was invited to discuss the effects of smoking and second-hand smoke on WLW Radio Talk show. While in the studio another WLW host, Furman, lit a cigar and repeatedly blew smoke in ∏’s face. Issue: Did Furman’s actions constitute a battery? OR When D blew smoke in P’s face, did this constitute “offensive” behavior and “contact” enough to satisfy the elements of battery? Rule: Battery-intentional harmful or offensive contact with another Analysis/Reasoning of the court: S. Ct Rule: “contact which is offensive to a reasonable sense of personal dignity is offensive conduct.” Offensive = “disagreeable or nauseating or painful because of outrage to taste and sensibilities or affronting insultingness” Smoking can be considered offensive because it caused ∏ physical discomfort, humiliation and distress Smoke=”particulate matter” capable of making contact A battery requires that the ∆ make contact with the ∏. Blowing smoke caused a contact. Conclusion/Holding: The case is remanded to the trial court because there is a viable claim for battery.

17. Class Review notes before class! Stay engaged—keep eye contact with the professor Take notes selectively—in IRAC as much as possible. Participate! Add Professor’s comments

18. STAY OFF THE INTERNET PEREZ HILTON FACEBOOK $$$$ GCHAT DEADSPIN GeekFill.com

19. Outlining Outline in IRAC

20. Intentional Torts • Battery • RULE: The intentional harmful or offensive touching of another’s person. • ANALYSIS: • Intent—purpose , knowledge to a substantial certainty, or transferred (see above). • Harmful or offensive standard: objective standard is used • Harmful—harm to physical person. • Offensive—Outrage to taste and sensibilities; insulting. • Extreme Sensitivity is disregarded • Cases to help: • ∏ v. ∆--showed that hypersensitivity is not a standard used • Leictman v WLN- offensive = outrage to taste or sensibility (cigarette smoke blown in face) • Contact: Touching anything connected with the body is regarded as battery • Direct or indirect touching (something in ∏’s hands or intimately connected w/ ∏’s body) • Cases: • Leichtman v. WLW—smoke is “particulate matter” capable of making contact

21. For chart learners

22. Measure your progress • After outlining, you should feel that you have either: • Mastered the material (or at least come close), or: • You are very clear on what you don’t know • If you don’t feel that way, try something different!

23. Can you answer practice questions? Ronnie goes down to his local electronics store and purchases a laser pointer for his school presentation. After his presentation is complete, he comes back to his apartment to find his roommate Sammi. Wanting to pull a practice joke on her, he hides on the other room and shines the laser pointer at her face to scare her. The laser pointer shines in Sammi’s eye for 5 seconds, which causes her severe eye trauma. One week later, Sammi loses sight in that eye. Will Ronnie be liable for battery?

24. To Recap

25. Overall Strategy for each task: • Forethought • Performance • Reflection

26. Don’t forget: ADAPT Think about how you think and learn. Be intentional. VARK

27. Next workshop: Preparing for Midterm Exams Section A: Thurs Sept 29 1-2, room 8 Section B: Wed Sept 28 3:30-4:30, room 8 Section C: Tues Sept 27 12-1, room 12 Evening: Wed Sept 28 6-7, room 5

28. OFFICE HOURS Building #1 • T: 12-2:30 and 4-5 (and in library) • W: 9-12 and 2-4:30 • TH: 9-12 (and in library)