Online Law School Study Tips-Overview of IRAC for Exams

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Online law school students and traditional law school students can gain access to a broad overview of IRAC-style exam writing. …

Online law school students and traditional law school students can gain access to a broad overview of IRAC-style exam writing.

This presentation is meant accompany the corresponding webinar available at www.stfrancislaw.com

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  • 1. ONLINE LAW SCHOOLSTUDY TIPS: ANOVERVIEW OF “IRAC”FOR THE BABY BAR ANDLAW SCHOOL EXAMS
  • 2. Overview of Online Law School•Focused on careerprofessionals•Designed to provideflexibility and accessibility•Rigorous law program•High level of interactivity• Extremely well-credentialed faculty www.stfrancislaw.com/studyresources
  • 3. Description of Online Law School Interactive Class Format •Live, real-time classes two evenings per week •Professors use web cameras •Students are always required to participate via voice •Web cam participation can also be requiredwww.stfrancislaw.com/studyresources
  • 4. Emphasis on Relationship Building • 24/7 access to class materials, recorded classes, discussion boards, and academic support resources • Office hours with professors •Focus on recruiting engaged, collegial student bodywww.stfrancislaw.com/studyresources
  • 5. Online Law School Webinars:An Overview of IRACTo register for future webinars, please visitwww.stfrancislaw.com.If you’re not a current St. Francis student, don’tworry– you’re still welcome to attend!
  • 6. Traditional Legal Writing Formal and Stuffy Legal Jargon Complex Sentences Difficult to Understand www.stfrancislaw.com/studyresources
  • 7. Modern Legal Writing Formulaic Short and Sweet IRAC www.stfrancislaw.com/studyresources
  • 8. I-R-A-C I – ISSUE R – RULE A – APPLICATION/ANALYSIS C – CONCLUSION www.stfrancislaw.com/studyresources
  • 9. IRAC in Law School Exams  Support Structure  Never a Substitute  No Guarantee www.stfrancislaw.com/studyresources
  • 10. The “I” in IRAC: Finding andStating the Legal Issue on the BabyBar and on Law School Exams
  • 11. ISSUE Spot the Issues Each Issue Gets Its Own Analysis 3 Formats  When/Whether  Question  Best for Exams: State Issue www.stfrancislaw.com/studyresources
  • 12. HOW TO SPOT ISSUES12  Each fact is included for a reason!  Learn to Spot Red Herrings  Learn which facts are legally significant (large part of being an attorney)  Learn which facts reasonably raise each issue as you learn rule statements www.stfrancislaw.com/studyresources
  • 13. WHAT IS THE ISSUE?Patti was walking down the street on theway to the bank when she felt a tug on herpurse. She turned around and saw Dangrabbing onto the handle of her purse.Dan ripped the purse from Patti’s shoulderand ran down the streetand into the alley while Pattiscreamed for help. www.stfrancislaw.com/studyresources
  • 14. First Approach to FormulatingIssue Statement: Whether/When “The issue is whether [insert legal result] when [describe facts]” Ex: The issue is whether Dan committed a robbery when he grabbed Patti’s purse and ran away. www.stfrancislaw.com/studyresources
  • 15. Second Approach to Formulating IssueStatement: Question Word Start with Question Word  Is  Was  Did Ex: Did Dan commit a robbery when he grabbed Patti’s purse and ran away? www.stfrancislaw.com/studyresources
  • 16. Simplest Approach to Formulating Issue Statement for Exams: Simple Statement16  Simply State the Issue  Underline and/or Bold  Ex: Robbery  On the Baby Bar and Bar Exam, this is approach:  Saves Time  Keeps your analysis organized www.stfrancislaw.com/studyresources
  • 17. WHAT IS THE ISSUE?Julie was finishing her last semester in collegeand wanted to get rid of her school books. Sheasked her friends if they knew of anyone whowould be interested in buying her chemistrybook. One of Julie’s friends suggested amutual friend, Susan. Julie sent Susan anemail that stated “I promise to sellyou my chemistry book for $20Cash next Thursday.” www.stfrancislaw.com/studyresources
  • 18. Formulate an Issue Statement Usingthe Where/When ApproachThe issue is whether an offer was madewhen Julie told Susan “I will sell youmy chemistry book for $20 cash nextThursday.” www.stfrancislaw.com/studyresources
  • 19. Formulate an Issue Statement Usingthe Question ApproachDid Julie make Susan an offer whenshe told Susan “I will sell you mychemistry books for $20 nextThursday?” www.stfrancislaw.com/studyresources
  • 20. Formulate an Issue Statement BySimply Stating the Issue Offer This approach is simplest because your analysis section (the “A” in IRAC) will tie the facts to elements of the rule statement, so no need to spend extra time doing that here when you’re simply indicating to the grader that you’ve spotted the issue www.stfrancislaw.com/studyresources
  • 21. WHAT IS THE ISSUE?Danielle and Peter are in a co-ed softball league, onopposing teams – the Dolphins (Danielle’s team) andthe Pythons (Peter’s team). The Dolphins and thePythons played each other on Monday night and thePythons beat the Dolphins by 11 runs. Danielle pickedup the softball off the pitcher’s mound and saw Peterbragging to his Python teammates. She was enragedby the humiliating loss and Peter’s gloating. Shethrew the softball right at him, but he ducked,narrowly missing being hit by the ball. www.stfrancislaw.com/studyresources
  • 22. Formulate an Issue StatementUsing the Where/When ApproachThe issue is whether Danielleassaulted Peter when she threw thebaseball at him. www.stfrancislaw.com/studyresources
  • 23. Formulate an Issue Statement Usingthe Question ApproachDid Danielle assault Peter when shethrew the baseball at him? www.stfrancislaw.com/studyresources
  • 24. Formulate an Issue Statement ByStating the Issue (Recommended)Assault www.stfrancislaw.com/studyresources
  • 25. “R”: Rule Statements for the BabyBar and Law School Exams
  • 26. RULE State Controlling Rule of Law Your Rules Are Building Blocks:  Elements  Definitions  Exceptions/Limitations  Defenses Your Rule Drives Your Analysis www.stfrancislaw.com/studyresources
  • 27. HINTS ON RULE STATEMENTS27  Memorizing the rules alone will earn you a “C” at best. Law school is about the APPLICATION and ANALYSIS.  Practice APPLYING the rules– you will memorize them in the process  Focus on memorizing rule statements that lend themselves to streamlined analysis. www.stfrancislaw.com/studyresources
  • 28. What is the rule for robbery? Patti was walking down the street on the way to the bank when she felt a tug on her purse. She turned around and saw Dan grabbing onto the handle of her purse. Dan ripped the purse from Patti’s shoulder and ran down the street and into the alley while Patti screamed for help. www.stfrancislaw.com/studyresources
  • 29. RULE – RobberyRobbery is (1) a taking (2) ofpersonal property of another (3)from the other’s person or presence(4) by force or intimidation (5) withthe intent to permanentlydeprive. www.stfrancislaw.com/studyresources
  • 30. What is the rule on offers?Julie was finishing her last semester in collegeand wanted to get rid of her school books. Sheasked her friends if they knew of anyone whowould be interested in buying her chemistrybook. One of Julie’s friends suggested amutual friend, Susan. Julie sent Susan anemail that stated “I promise to sell you mychemistry book for $20 cash next Thursday?” www.stfrancislaw.com/studyresources
  • 31. RULE – OffersAn offer is made when (1) there isan expression of a promise,undertaking, or commitment (2)there is certainty and definiteness ofessential terms and (3) there iscommunication to the offeree. www.stfrancislaw.com/studyresources
  • 32. What is the rule for assault? Danielle and Peter are in a co-ed softball league, on opposing teams – the Dolphins (Danielle’s team) and the Pythons (Peter’s team). The Dolphins and the Pythons played each other on Monday night and the Pythons beat the Dolphins by 11 runs. Danielle picked up the softball off the pitcher’s mound and saw Peter bragging to his Python teammates. She was enraged by the humiliating loss and Peter’s gloating. She threw the softball right at him, but he ducked, narrowly missing being hit by the ball. www.stfrancislaw.com/studyresources
  • 33. RULE – AssaultAn assault is (1) an volitional act (2)done with intent (3) to cause harmfulor offensive contact or the imminentapprehension of harmful or offensivecontact (4) that actually results in animminent apprehension of harmful oroffensive contact. www.stfrancislaw.com/studyresources
  • 34. “A”: Analysis/ApplicationThe Most Important Part of a BabyBar or Law School Exam Answer!
  • 35. APPLICATION/ANALYSIS Start with: “Here” or “In this case…” Apply the Rule to the Facts  This is a matching game. Use Key Words  Because  As  Since www.stfrancislaw.com/studyresources
  • 36. Establish that Each Element of the Rule is Present byPointing to Specific Facts Establishing That Element RULE: Robbery is (1) a taking (2) of personal property of another (3) from the other’s person or presence (4) by force or intimidation (5) with the intent to permanently deprive. FACT PATTERN: Patti was walking down the street on the way to the bank when she felt a tug on her purse. She turned around and saw Dan grabbing onto the handle of her purse. Dan ripped the purse from Patti’s shoulder and ran down the street and into the alley while Patti screamed for help. www.stfrancislaw.com/studyresources
  • 37. ROBBERY ANALYSIS: StudentAnswerIn this case, (1) there was a taking because Dangrabbed the purse and fled with it into the ally,(2)involving the personal property of another asthe purse belonged to Patti, (3) from anotherperson since it was taken off Patti’s shoulder, (4)by force because Dan “ripped the purse from Patti’sshoulder” and (5) Dan had the intent topermanently deprive Patti of her purse since hefled with it down the street and into the alley. www.stfrancislaw.com/studyresources
  • 38. Establish that Each Element of the Rule is Present byPointing to Specific Facts Establishing That Element RULE: An offer is made when (1) there is an expression of a promise, undertaking, or commitment (2) there is certainty and definiteness of essential terms and (3) there is communication to the offeree. FACT PATTERN: Julie finished her last semester in college and wanted to get rid of her school books. She asked her friends if they knew of anyone who would be interested in buying her chemistry book. One of Julie’s friends suggested a mutual friend, Susan. Julie sent Susan an email that stated “I promise to sell you my chemistry book for $20 cash next Thursday.” www.stfrancislaw.com/studyresources
  • 39. ANALYSIS – Student AnswerIn this case, (1) there is a promise or commitmentbecause Julie states in her email “I promise”. Thereis (2) certainty and definiteness of essential termsbecause Julie describes the item being sold(chemistry book), the price of the item ($20) and thedate on which the purchase will be made (nextThursday). There is also (3) communication to theofferee as Julie sent the email to Susanand there is no indication that theemail never arrived. www.stfrancislaw.com/studyresources
  • 40. Establish that Each Element of the Rule is Present byPointing to Specific Facts Establishing That Element RULE: An assault is (1) an volitional act (2) done with intent (3) to cause harmful or offensive contact or the imminent apprehension of harmful or offensive contact (4) that actually results in an imminent apprehension of harmful or offensive contact. FACT PATTERN: Danielle and Peter are in a co-ed softball league, on opposing teams – the Dolphins and the Pythons. The teams played each other on Monday night and the Pythons beat the Dolphins by 11 runs. Danielle picked up the softball off the pitcher’s mound and saw Peter bragging to his Python teammates. She was enraged by the humiliating loss and Peter’s gloating. She threw the softball right at him, but he ducked, narrowly missing being hit by the ball. www.stfrancislaw.com/studyresources
  • 41. ASSAULT ANALYSISIn this case, (1) there is a volitional act as Daniellevoluntarily picked up the ball and threw it at Peter out ofrage and (2) Danielle intended to hit Peter as she threw theball “right at him.” It is likely that (3) Danielle meant tocause harmful or offensive contact or imminentapprehension of such as it is common for a fast thrownball to cause fear of being hit or injury after being hit. Theact did appear to (4) cause imminent apprehension ofharmful or offensive contact on the part of Peter becausehe “ducked, narrowly missing being hit by the ball.” www.stfrancislaw.com/studyresources
  • 42. CONCLUSION EASY! State Findings www.stfrancislaw.com/studyresources
  • 43. CONCLUSION Fact Pattern #1: It appears that all of the elements of a robbery have been met, thus it is likely that the court will find Dan guilty of robbery. Fact Pattern #2: The court should find that an offer was met, because all of the elements of an offer are present. Fact Pattern #3: Because all of the elements of assault have been met, the court should find that Danielle assaulted Peter. www.stfrancislaw.com/studyresources
  • 44. FORMATTING Use bold, italics, underlines Use numbering Avoid Highlighting/Font Colors www.stfrancislaw.com/studyresources
  • 45. ROBBERY FINAL ANSWERRobberyRobbery is (1) a taking (2) of personal property of another (3) from theother’s person or presence (4) by force or intimidation (5) with the intent topermanently deprive.In this case, (1) there was a taking because Dan grabbed the purse andfled with it into the ally, (2)involving the personal property of anotherbecause the purse belonged to Patti, (3) from another’s person since it wastaken off Patti’s shoulder, (4) by force because Dan “ripped the purse fromPatti’s shoulder” and (5) Dan had the intent to permanently deprive Patti ofher purse since he fled with it down the street and into the ally.Because all of the elements of a robbery have been met, the court willfind Dan guilty of robbery. www.stfrancislaw.com/studyresources
  • 46. OFFER FINAL ANSWEROfferAn offer is made when (1) there is an expression of a promise,undertaking, or commitment (2) there is certainty and definiteness ofessential terms and (3) there is communication to the offeree.Here, (1) there is a promise or commitment because Julie states in hereemail “I promise”. There is (2) certainty and definiteness of essential termsbecause Julie describes the item being sold (chemistry book), the price ofthe item ($20) and the date on which the purchase will be made (nextThursday). There is also (3) communication to the offeree as Julie sent theemail to Susan and there is no indication that the email never arrived.Therefore, an offer was made because all of the elements are present www.stfrancislaw.com/studyresources
  • 47. ASSAULT FINAL ANSWERAssaultAn assault is (1) an volitional act (2) done with intent (3) to cause harmful oroffensive contact or the imminent apprehension of harmful or offensivecontact (4) that actually results in an imminent apprehension of harmful oroffensive contact..In this case, (1) there is a volitional act as Danielle voluntarily picked up theball and threw it at Peter out of rage and (2) Danielle intended to hit Peterbecause she threw the ball “right at him.” It is likely that (3) Danielle meantto cause harmful or offensive contact or imminent apprehension because it iscommon for a fast thrown ball to cause fear of being hit or injury after beinghit. The act did appear to (4) cause imminent apprehension of harmful oroffensive contact on the part of Peter because he “ducked, narrowly missingbeing hit by the ball.” Therefore, Danielle would be liable for tortious assault. www.stfrancislaw.com/studyresources
  • 48. SAMPLE: Client Letter See PDF www.stfrancislaw.com/studyresources
  • 49. Law School ReinventedOnline Law School Application Deadlines Winter Spring 2013 2013 Application Application Deadline: Deadline: April December 10th 10th Classes start Classes start first week of first week of January May www.stfrancislaw.com/studyresources
  • 50. Law School Reinvented Online Law School Q&A Sessionwww.stfrancislaw.com/studyresources