ACADEMIC SUPPORT:
SKILLS WORKSHOP
SERIES
Preparing for
Midterms
Prof Homer: jhomer@law.whittier.edu
Prof Schandler: kschandler@law.whittier.edu
Prof Seigler: hseigler@law.whittier.edu
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
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
HOW TO PREPARE?
LAW SCHOOL STUDY CYCLE
Read,
brief, class
notes
Review Class
notes for
understanding
Update
Outline
Practice
Exams/
Review
Sessions
Assess
what you
know
Adjust
Outline
SO… WHO HAS STARTED
OUTLINING?
<Every hand should be raised!!!>
CREATING AN OUTLINING
FROM BRIEFS/IN-CLASS NOTES
McCann v. Wal-Mart Stores, Inc. 210 F.3d 51 (1st Cir. 2000).
Parties:
∏—McCann family shopping at Wal-mart
∆—Wal-Mart
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
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
Wal-Mart asserts that there must be actual, physical restraint, quoting
(the other family had a son who'd been caught shoplifting).
(Kowlton v. Ross); The language is taken out of context and was simply used
The Wal-Mart employees detained the family, saying that they had to stay and
to illustrate that in no way was the plaintiff in that case restrained.
that they were calling the police.
How long do you have to be “falsely imprisoned” to have
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 a claim?
Would it have mattered if they were the family forbidden to An appreciable amount of time.
shop there?
Does this count as confinement?
They still would have been confined, but they may have had Yes. They didn’t have legal authority and it was for an
legal authority.
appreciable amount of time.
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.
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:
1.
Reasonable belief someone stole the property
2.
Reasonable amount of time
3.
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.
The confinement may be accomplished by
Always look for Shopkeepers Privilege Defense on an exam if you
1. Physical barriers;
2. Force or threat of immediate force against the victim, the issue spot FI
victim’s family or others in her immediate presence, or
the victim’s property;
RIEF
N LASS
3. Omission where the defendant has a legal duty to act; or
OTES
4. Improper assertion of legal authority.
B
N
& I -C
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.
The confinement may be accomplished by
 Intent
1. Physical barriers;
2. Force or threat of immediate force against the victim, the
 Confinement to a bounded area
victim’s family or others in her immediate presence, or the
 with no reasonable means of escape
victim’s property;
3. Omission where the defendant has a legal duty to act; or
 Plaintiff ’s awareness
4. Improper assertion of legal authority.
How long do you have to be “falsely imprisoned”
to have a claim?
An appreciable amount of time.
FULL LENGTH OUTLINE—FI


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
OUTLINING “TYPES”

Two types of people

“Maximalists”


Start big and edit down to something manageable
“Minimalists”

Start with “skeletons” and fill in the gaps
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
 Plaintiff ’s awareness
LAW SCHOOL STUDY CYCLE
Now…what to do with your outline?
Read,
brief, class
notes
Review Class
notes for
understanding
Update
Outline
Practice
Exams/
Review
Sessions
Assess
what you
know
Adjust
Outline
PRACTICE EXAMS
Start
taking practice exams in
exam-like conditions
EXAM WRITING STRATEGY
1
2
3
4
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
Read the
call of the
?
Read the
fact
pattern
Outline
Write in
IRAC
1. Read the Call of the Question:
HANDOUT
Lauren
vs. Sister Heidi—
What is the call of the Question?
False
Imprisonment
2. Read the Fact Pattern:
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:
WHAT TO DO WHILE YOU READ THROUGH THE
QUESTION:
Pay
attention to the facts
 Key
facts vs. non-key facts
Take
notes/underline/highlight
key facts
1
minute read-through!
3. Outline your answer using your outline structure + utilizing key facts :
PRE-WRITE OUTLINING
Quick How-to:
 Spend about 20-25% of the allotted time creating a PreWrite Outline
1. Organize your Pre-Write Outline
 By Issues and Parties
2. 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
3. Review:
 The fact pattern to make sure you have used all key
facts
 Use your checklist to ensure you caught all issues
4. Start writing!

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
PUTTING THE PUZZLE TOGETHER
3. Outline your answer using your outline structure + utilizing key facts :
PRE-WRITE OUTLINE YOUR ANSWER
Facts to Support/∏’s arg.
Intent
Confinement w/
no reasonable
means of escape
Without
Consent
or
Authority of
Law
Plaintiff
Awareness
Facts that don’t Support/∆’s
arg.
3. Outline your answer using your outline structure + utilizing key facts :
Facts to Support/∏’s arg.
Intent

Heidi led Lauren to small room in

cellar, told her to remain inside
H purposefully placed L in the room
for the “encounter”

Confinement
With No
Reasonable
Means of
Escape
Plaintiff
Awareness
Facts that don’t Support/∆’s
arg.
 Room inside a cellar—
underground, usually no other
doors/windows
 Nuns prayed on the outside of door







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
No facts specifically stating the door
was closed (but you could prob assume
it was)
L did not make any attempts to leave
Room inside a cellar—underground, usually 
 Facts do not mention lock on door
no other doors/windows
 Never attempted to leave, controlled breathing,
Nuns might have been blocking door
fell asleep= participating in exercise
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
4. Write exam in IRAC form focusing on analysis:
IRAC—A TRANSFERABLE SKILL
McCann v. Wal-Mart Stores, Inc. 210 F.3d 51 (1st Cir. 2000).
Issue
Parties:
Rule
∏—McCann family shopping at Wal-mart, ∆—Wal-Mart
Battery—The intentional harmful or offensive touching of another’s person.
Facts:  Intent
The McCann mother and her sons were shopping at a Wal-Mart
 Harmful or offensive standard:
Analysis
They were
mistaken for another family who had been forbidden
to shop there
 Contact
The McCanns
were detained there at Wal-Mart's behest for about an hour.
Security
officer arrived and said the McCanns
not the forbiddenof
family
 Assault—intentionally
causing were
of apprehension
an imminent harmful or offensive
contact.
Procedure:
The McCanns
sued for false imprisonment. $20k to ∏. Wal-Mart appeals.
 Intent
Issue:  Apprehension
Were theMcCanns
actually confined?
Immediacy/imminence
Rule:  Harmful/Offensive Contact
A
false
imprisonment
is the intentional confinement
another in a fixed
for anarea
appreciable
False
Imprisonment—the
intentionalofconfinement
toboundary
a bounded
with no
amount
of
time,
with
no
reasonable
means
of
escape.
reasonable means of escape, without consent or authority of law, that the plaintiff is
aware of.
Reasoning/Analysis:
 Intent
Confinement can be based on a false assertion of legal authority to confine.
asserts
Confinement
to abebounded
arearestraint,
with no
reasonable
escape
Wal-Mart
that there must
actual, physical
quoting
(Kowltonmeans
v. Ross);ofThe
languageis taken
out of’scontext
and was simply used to illustrate that in no way was the plaintiff in
Plaintiff
awareness

that case restrained.
Holding/Conclusion:
Yes.
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- 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:
C
I
(black letter law [aka “rule”], accurate and
concise)
Example: Intentional confinement within a . . .
i
r
a
c
i
r
a
c
(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, w/
headings for each)
(overall conclusion—1 sentence!)
Issue #2
(State parties involved + COA for next issue
spotted)
One issue (ex. False Imprisonment)
I
R
A
Issue #1 (with heading)
(State parties involved + COA [aka issue])
Example: the issue here is whether…
4. Write exam in IRAC form focusing on analysis:
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
Vs.
“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
4. Write exam in IRAC form focusing on analysis:
EXAMPLE OF AN “A” ANSWER VS. “C”
ANSWER
 See
handout:
 What do you notice right away?
LAW SCHOOL STUDY CYCLE
Read,
brief, class
notes
Review Class
notes for
understanding
Update
Outline
Practice
Exams/
Review
Sessions
Assess
what you
know
Adjust
Outline
ASSESSMENT & COMPONENTS OF AN
“A” ANSWER
Organization:
Analysis:
Comprehension:
 Was it easy to
 Did you catch all  Did you make up
organize an
issues key issues? or misstate facts
answer based on  Did you catch all
OR did you make
how your outline
logical inferences?
key facts/hot
is structured?
issues?
 Was your outline  Did you identify
in IRAC?
counter
arguments &
affirmative
defenses?
OVERALL MIDTERM STRATEGY:
 Know
your rules statements cold
 Issue spot, issue spot, issue spot

 Use
Answer the call of the question
all key facts
 Use IRAC structure
 Discuss BOTH sides of the argument—
when applicable
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
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