Academic Support: SKILLS Workshop Series

Fundamentals for the Study of Law

Prof Homer: jhomer@law.whittier.eduProf Dombrow: kdombrow@law.whittier.eduProf Gutterud: hgutterud@law.whittier.edu

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

Before we get going… your motto:

Effective & Efficient

Suggested Study Plan- Modify to suit your needs!

Before Class During Class Post Class

Read each case at least day before, highlight

Brief each case on separate paper in IRAC

Review notes right before class

Use briefs to engage and participate in class discussion

Take class notes… with discretion and in IRAC

Stay off internet!

Review class notes immediately after class and condense into relevant info

Week 2, start outlining the material in a separate document in IRAC

Intermittently take timed practice exams and MC

Study groups/partners to discuss material, weekly or bi weekly

Law School FundamentalsIntroduction to IRAC

–Learning and thinking in IRAC –Reading in IRAC–Briefing in IRAC–Outlining in IRAC

Simple formI: Issue- what is the point of the analysis?

R: Rule- concise but accurate statement of the black letter law

A: Analysis- thorough application of the facts to the rule

C: Conclusion- short conclusion of if the elements of the rule have been met

Complex form

• Issue• Rule• Analysis

–Sub-issue–Rule–Analysis–Conclusion

• Conclusion

MINI IRAC

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

Think in IRAC: Reading cases in IRAC

Train yourself to think like a lawyer

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

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

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.

HANDOUT

• Leichtman v WLW, INC.• Comprehension

Leichtman v. 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 contactA 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.

Class

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

STAY OFF THE INTERNET

GCHAT

FACEBOOK

PEREZ HILTON

DEADSPIN

GeekFill.com

$$$$

Outlining

Outline in IRAC

Intentional Torts

For chart learners

Battery

Intent

Harmful or Offensive

Harmful Offensive

Outrage to taste and sensibilities or insulting.

Leichtman

Contact

The ∆ must make contact with the ∏’s person

Doctrine of extended personality Fisher

Smoke “particulates” constitute contact Leichtman

Harm to physical person. “It’s harmful because it hurts.”

Purpose or knowledge to a substantial certainty

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!

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?

To Recap

Overall Strategy for each task:

• Forethought• Performance• Reflection

Don’t forget: ADAPT

• Think about how you think and learn. • Be intentional.• VARK

Next workshop: Preparing for Midterm Exams

Section A: Thurs Sept 29 1-2, room 8Section B: Wed Sept 28 3:30-4:30, room 8Section C: Tues Sept 27 12-1, room 12Evening: Wed Sept 28 6-7, room 5

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)