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
• 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
Overview of Workshops
Before we get going… your motto:
Effective & Efficient
Suggested Study Plan- Modify to suit your
needs!
Before Class
During Class
Read each case at least day Use briefs to engage and
before, highlight
participate in class
discussion
Brief each case on separate
paper in IRAC
Take class notes… with
discretion and in IRAC
Review notes right before
class
Stay off internet!
Post Class
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 Fundamentals
Introduction to IRAC
–Learning and thinking in IRAC
–Reading in IRAC
–Briefing in IRAC
–Outlining in IRAC
Simple form
I: 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 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 batt ery.
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
STAY OFF THE INTERNET
$$$$
DEADSPIN
GeekFill.com
Outlining
Outline in IRAC
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
•
Battery
Intent
Contact
Harmful or Offensive
Purpose or
knowledge to a
substantial certainty
The ∆ must make contact
with the ∏’s person
Harmful
Harm to physical person.
“It’s harmful because it
hurts.”
Offensive
Outrage to taste and
sensibilities or insulting.
Leichtman
For chart learners
Doctrine of extended personality
Fisher
Smoke “particulates” constitute
contact Leichtman
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
Read/Brief
material
Outline
material
Practice
material
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 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
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)