Academic Support: SKILLS Workshop Series

1. Academic Support: SKILLS Workshop Series Prof Homer: jhomer@law.whittier.edu Prof Schandler: kschandler@law.whittier.edu Prof Seigler: hseigler@law.whittier.edu Preparing for Midterms

2. Overview of Workshops Fundamentals 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

3. 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

4. How to Prepare?

5. Law School Study Cycle • Update Outline • Adjust Outline • Practice Exams/ Review Sessions • Read, brief, class notes • Review Class notes for understanding • Assess what you know

6. So… who has started outlining? <Every hand should be raised!!!>

7. Creating an outlining from briefs/in-class notes

8. 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 by • Physical barriers; • Force or threat of immediate force against the victim, the victim’s family or others in her immediate presence, or the victim’s property; • Omission where the defendant has a legal duty to act; or • Improper assertion of legal authority. Reasoning: Confinement can be based on a false assertion of legal authority to confine. Moral pressure is not enough Test: Would a reasonable person believe they were unable to leave? If they believed the cops are coming, probably Duress of Goods—If the ∆ takes property and the person would have to leave behind the property in order to leave 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. 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: • Reasonable belief someone stole the property • Reasonable amount of time • Detention has to be in a reasonable matter In 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 Brief & In-Class Notes

9. 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 by • Physical barriers; • Force or threat of immediate force against the victim, the victim’s family or others in her immediate presence, or the victim’s property; • Omission where the defendant has a legal duty to act; or • Improper assertion of legal authority. How long do you have to be “falsely imprisoned” to have a claim? An appreciable amount of time.

10. 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 threat b. physical barrier c. force or threat of force d. 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 leave Cases 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 reasonable If 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 Full Length Outline—FI

11. Outlining “Types” • Two types of people • “Maximalists” • Start big and edit down to something manageable • “Minimalists” • Start with “skeletons” and fill in the gaps

12. 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 areawith no reasonable means of escape • Plaintiff’s awareness

13. Law School Study Cycle • Update Outline • Adjust Outline • Practice Exams/ Review Sessions • Read, brief, class notes • Review Class notes for understanding • Assess what you know Now…what to do with your outline?

14. Practice Exams • Start taking practice exams in exam-like conditions

15. Exam Writing Strategy • Read the call of the question • Read the fact pattern • Pre-Write Outline answer with key facts • Write exam in IRAC form focusing on analysis

16. HANDOUT 1. Read the Call of the Question: • Lauren vs. Sister Heidi— Whatis the call of the Question? • False Imprisonment

17. Key fact vs non key fact 2. Read the Fact Pattern: • 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!

18. What to do while you read through the question: 2. Read the Fact Pattern: • Pay attention to the facts • Key facts vs. non-key facts • Take notes/underline/highlight key facts • 1 minute read-through!

19. Pre-write Outlining 3. Outline your answer using your outline structure + utilizing key facts : • Quick How-to: • Spend about 20-25% of the allotted time creating a Pre-Write Outline • Organize your Pre-Write Outline • By Issues and Parties • 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 • Review: • The fact pattern to make sure you have used all key facts • Use your checklist to ensure you caught all issues • Start writing!

20. 3. Outline your answer using your outline structure + utilizing key facts : 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

21. Putting the puzzle together

22. 3. Outline your answer using your outline structure + utilizing key facts : Pre-Write Outline your answer

23. 3. Outline your answer using your outline structure + utilizing key facts : • 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) • 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 • 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 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

24. 4. Write exam in IRAC form focusing on analysis: 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 areawith no reasonable means of escape • Plaintiff’s awareness Issue Rule Analysis IRAC—A Transferable Skill

25. 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- Thoroughapplication of the facts to the rule. FACTS + WHY! Use “mini IRACs” C: Conclusion- Short conclusion. One to two sentence only.

26. One issue (ex. False Imprisonment) 4. Write exam in IRAC form focusing on analysis: I R A C I Issue #1 (with heading) (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+whyfact 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) i r a c i r a c

27. Analysis = Facts+WHY 4. Write exam in IRAC form focusing on analysis: • 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 (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.” “Sister Heidi led Lauren into the room and instructed her to stay inside. Sister Heidi willfully confined Lauren. Vs. CONCLUSORY ANALYZES Fact + Why

28. Example of an “A” answer vs. “C” Answer 4. Write exam in IRAC form focusing on analysis: • See handout: • What do you notice right away?

29. Law School Study Cycle • Update Outline • Adjust Outline • Practice Exams/ Review Sessions • Read, brief, class notes • Review Class notes for understanding • Assess what you know

30. 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?

31. Overall Midterm Strategy: • Know your rules statements cold • Issue spot, issue spot, issue spot • Answer the call of the question • Use all key facts • Use IRAC structure • Discuss BOTH sides of the argument—when applicable

32. An Exam Writing Workshop Presented by BARBRI Bar Review 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

33. Next workshop Learning from Midterms and Preparing for Final Exams 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