Thursday, September 20, 2007

Success to Law School, Part 1 Rule Outlining, Focus Torts

Note: This message, and hence blog is dedicated to the person who inspired me to take on this project, PJ #1. This first message was taken from an e-mail message to her.

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I could not explain how I 'outlined' in LS, and was going to go back and try to find anything LS related, but it is all gone...... I was going to try to create a short Essay-prep outline for you then I found LawNerds. Alright, I know it seems stupid, and the name is as dorky as it sounds.

However, this site follows the same path that I followed in studying for LS: Short, concise rule statements following an organized outline of the issues presented. For an example, check this out: http://www.lawnerds.com/testyourself/torts_rules.html

I highly recommend creating a Rule Outline for your classes similar to the one presented there. The beauty about studying this way is once you create your short outline, you are prepared to take the test. It perfectly mirrors IRAC, which will get you the A.

Here is an example test answer I quickly prepared. If the rules are wrong, you would update them from your rule outline:

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Intentional Torts [ISSUE]
A tort is intentional if it is a volitional act, with the intent to cause (or done with knowledge that there is a substantial certainty to cause) the desired result. [RULE FROM RULE OUTLINE YOU WILL PREPARE]
In our case, the defendant's actions of (ACT) was done as a result of his free will and being, and his intent to cause the (RESULTING ACTION) can be shown as he (CAUSING ACTION). [ANALYSIS]
Therefore, the defendant's actions can be considered intentional. [CONCLUSION]

Battery [ISSUE]
A battery is a harmful or offensive contact to a person, or something closely related to that person. [RULE]

Harmful or Offensive [ISSUE]
Courts have determined that any unwanted touching is considered harmful or offensive. [RULE(Build this rule statement from your casebook)]
In our case, the defendant's actions can be considered harmful or offensive because defendant's act of (ACT) was a touching, and a resonable person would consider this act harmful or offensive, or alternatively unwanted. [ANALYSIS, CONCLUSION]

Contact to a Person [ISSUE; RULE implied, expressed above]
Here defendant contacted the plaintiff when he (ACT). [ANALYSIS, CONCLUSION]

In summary, since the defendant made a harmful or offensive contact to the plaintiff, he could be found guilty of committing a battery.[SUMMARY CONCLUSION]

... Repeat for the rest of the issues.
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Does this make any sense? Use only if it makes things easier for you, but it made my torts test a breeze.

Remember that intentional torts tests are made to be 'race horse' exams because the format they take is pretty straight-forward... Therefore, the only way to differentiate between the exams is by presenting too many issues for the time allotted.
Remember to allocate your time wisely.

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