academic support: skills workshop series support: skills workshop series preparing for midterms prof...

Academic Support: SKILLS Workshop Series

Preparing for Midterms

Prof Homer: [email protected] Prof Dombrow: [email protected] Prof Gutterud: [email protected]

Located in the “Institute of Academic

Support” in Building 1

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

What you are being graded on

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

Preparing for Midterms

Effective Outlining

Exam Strategy

Multiple Choice Exams

Essay Exams

Preparation for the Exam

Outlining

So… who has started outlining?

<Everyone should be raising their hands.>

What is an outline?

Using an outline: Format Outline in IRAC

Outline in the order you would address an issue

on an exam

Create a “skeletal “ outline or Checklist for each

subject.

Full Length Outline—FI

RULE: The intentional confinement within a bounded area with no reasonable means of escape, without

consent or authority of law, that the plaintiff is aware of.

ANALYSIS:

Intent– purpose, desire, or knowledge to a substantial certainty.

Confinement within a bounded area—an enclosed space with no way out caused by: physical force,

threat of force, failure to release, and invalid use of legal authority.

Moral pressure and future threats are insufficient.

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

•∏ v. ∆—confinement to a boat was still within a bounded area.

Insert cases your Professor identifies as important/need to know

No reasonable means of escape—locked door, closed space, etc.

Jumping out of a window is usually not reasonable

Without Consent or Authority of Law:

Without Consent—D never received permission. Discuss Implicit (nonverbal) vs. Explicit (verbal/written) Consent

Without Authority of Law—Legal authority (cops) or Shopkeeper’s privilege

Shopkeeper’s Privilege—where a shopkeeper reasonably believes that a person has unlawfully stolen from their

shop they may detain that person while awaiting the police.

That Plaintiff is aware of: Plaintiff must have knowledge of the confinement.

Can be made aware by being injured from the confinement

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

Without consent or authority of law

Plaintiff ’s awareness

The Exam

You walk into the exam—how

would you approach it?

How Law School Exams Work

Multiple Choice

Question In a Multiple Choice question:

Facts are given

The question usually states the issue

YOU supply the applicable rule statement

Options provide the analysis and the conclusion

YOU pick the BEST option for the facts given

Essay Question

In an Essay question:

Facts are given

YOU or the EXAM spot(s)

the issue

YOU state the rule

YOU provide the analysis

YOU provide the conclusion

Structure of a Multiple Choice Question

1 The Stem—fact pattern that precedes the actual task being

demanded. Will contain all facts needed for a knowledgeable

answer.

2 The Lead-in—short focused question that asks the examinee to

perform a particular analysis or answer a specific question.

3 The Options—lettered choices as potential answers to the lead-in.

One of the options, the key, will be clearly better than the other

options (the distractors).

Practice MC Questions

(A) Pia did not confine Rhonda

(B) Remus is the proper defendant for a claim of false imprisonment

(C) Rhonda entered the barn voluntarily

(D) Rhonda was a trespasser.

THE

STEM

THE

LEAD-IN

THE OPTIONS

An action by Rhonda against Pia for false imprisonment should fail because:

1) Rhonda and Remus, teenage hikers, came upon a small abandoned

barn. While Rhonda explored the interior of the barn, climbing into a

hayloft, Remus explored the exterior. He noticed that a horizontal two-by-

four slab of wood could seal the only door to the barn from the outside,

preventing anyone inside the barn from exiting. Moving this slab into

place, Remus locked Rhonda into the barn and called goodbye to her,

ignoring her pleas for release. Hoping to gain the attention of a potential

rescuer, Rhonda leaned into a crack in the barn wall and called for help.

About half an hour after Remus walked away passerby Pia heard

Rhonda’s cries for help but decided to ignore them.

Why would an action for FI fail?

(B) Remus is the proper defendant for a claim of false

imprisonment

(C) Rhonda entered the barn voluntarily

(D) Rhonda was a trespasser

True D must owe

P a duty to rescue More than 1 D

possible,

Remus’s liability

wouldn’t limit Pia’s

Voluntary entry doesn’t preclude FI

Facts don’t est. trespasser/trespassing

doesn’t defeat claim

1) Recall Rule

o False Imprisonment is the intentional, unlawful

confinement of which the P is aware

2) Eliminate incorrect answers until only the best answer

remains:

(A) Pia did not confine Rhonda

Multiple Choice Study Chart

Location of

Question

Why You Missed It Correct Statement of

Law

Wo r k sh o p s l i d e

sh o w Q1

Di d n o t k n o w

co r r e c t r u l e

Tr e sp a ss i n g

d o e sn ’ t d e f e a t FI

c l a i m

Exam Writing Strategy 1 Read the call of the question

2 Read the fact pattern

3 Outline your answer using your outline structure+utilizing key facts

4 Write exam in IRAC form focusing on analysis

Read the call of the

?

Read the fact

pattern Outline

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:

Why differentiate?

You must isolate the key facts from the

non key facts on an exam because key

facts trigger issues

Issues = points

2. Read the Fact Pattern: Key Facts

As you read the question:

Pay attention to the facts

Key facts vs. non-key facts

Take notes/underline/highlight key facts

2. Read the Fact Pattern:

What you should be before you

write your exam Spend about 25% of the allotted time creating a Pre-Write Outline

Organization of your Pre-Write Outline

By Issues and Parties

Content of your Pre-Write Outline

Identification of the Issue

Key facts that relate to the issue and or an element of the issue

Identify defenses/counterarguments/privileges

Review

Review the fact pattern to make sure you have used all key facts

Use your checklist to ensure you caught all issues

Start writing!

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

Putting the puzzle together

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

Without consent or authority of law

That the plaintiff is aware of

Efficiency Tip: Spend more of your time analyzing those

―hot‖ issues


Pre-Write Outline your answer


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 w/ no reasonable means of escape

Without Consent

Or

Authority of Law

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 on the other side of door

H was an authority figure in retreat—L

felt compelled to stay

L did not make any attempts to leave

Facts do not mention lock on door

L eventually fell asleep

L shouted that she was frightened

Signed up for retreat—not to be put in a

cellar

Religious figures don’t have legal authority

to detain

Nothing stolen no shopkeepers privilege

L signed up/volunteered for the retreat

Even when scared L continued with the

exercise

Never attempted to leave, controlled breathing,

fell asleep= participating in exercise

H Was an authority figure w/in church

L had history of claustrophobia so she

was more prone to notice enclosed

spaces

Shout that she was frightened

Controlled her breathing—panicking

due to her awareness

Not injured by 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

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.

4. Write exam in IRAC form focusing on analysis:

I

R

A

C

I

i

r

a

c

i

r

a

c

(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)

(overall conclusion—1 sentence!)

Issue #2

(State parties involved + COA for next issue

spotted)

On

e issue (ex

. False Im

priso

nm

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

See handout:

What do you notice right away?


Components of an ―A‖ Answer

SEE HANDOUT:

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

Final Tip! ExamSoft

Registrar is providing ExamSoft Training

Next workshop

Section A: Thurs. Nov 10, 1-2 in room 8

Section B: Wed. Nov 9, 3:30-4:30 in room 8

Section C: Tues. Nov 8 12-1 in room 12

Evening: Wed. Oct 28 6-7 in room 5

Learning from Midterms and Preparing for Final Exams

academic support: skills workshop series support: skills workshop series preparing for midterms prof...

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