Friday, April 23, 2021

Torts Exam Attack Outline


  • The plan walks you through an analytical approach of what you need to talk about. With a plan, you need to talk about everything. Check out these examples for clarification: The Checklist Are you taking criminal law? That would be a waste of time....
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  • Brilliant, right? So from my example, my essay organization would be as follows according to the issues I would raise : First Degree Murder Second Degree Murder Voluntary Manslaughter Super simple, right? The Plan Are you taking torts? Intentional...
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  • If you're not sure whether Magicsheets are right for you at the moment, let's see if that's the case I want to give you all the information you need to make an informed decision. Some reasons NOT to get Magicsheets You will not follow through. Having these might make you feel all warm and fuzzy that's what happens to Hobbes' tail whenever Calvin is about to cause trouble , but you still need to use them to practice or memorize. Information is not enough. I can give you a weapon, but you still have to pull the trigger. I can prepare the ingredients for you, but you have to cook them yourself. Any more odd analogies? You can buy all sorts of tools, but they will not help you themselves.
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  • Don't be a tool collector. You like flashcards more. These are pure outlines. But maybe you can think of these as a stack of 50 "flash pages"? Personally, I'm not much of a flashcard guy. You do not have at least some familiarity with the tested body of law already. Depending on where you are in your studies, it's definitely possible for you to skip straight to Magicsheets. But this isn't just more material for you to study; these condensed outlines will augment and support what you are learning or are at least familiar with.
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  • You be the judge There, I've done my part. I've laid out the reasons to and reasons not to acquire the material I'm offering. I'm taking on all the risk by sharing full samples and a day refund policy. Now it's your turn to make a choice. I will not let you feel ashamed of yourself thinking you could have done better. I want you to feel proud of your accomplishments coming out of one of the hardest exams you'll ever take. I don't want you to feel worthless because that person passed while you didn't. I don't want you to spend Christmas morning with MBE questions and awkward family moments like I did. Your dreams of finally stepping into the new world are within reach. Don't postpone your dreams. It's your turn to dash toward the light. My fortune cookie once told me: Once you hold the power of your bar number in your hands, they welcome you with open hands and welcome you to their world.
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  • Is this what it feels like to be an attractive individual? The difference is stark. Don't miss out. Scaling this obstacle will mean a world of difference Your state bar doesn't treat you like crap. Other attorneys become nice r to you. Work gushes in from all around you. Your online dating profile becomes 10x more appealing. Other people get more excited than you about it. Imagine this day with me. Where will you be when you check your result? As you stare at the sadistic countdown on the results page, nauseated with uncertainty and impatience, will you feel more hopeless or more hopeful to see this? The name above appears on the pass list. If you are lost, out of control, or just need a little boost, I want to remind you that you are not alone in this endeavor. My materials are here, your friends are here, and other outlines are out there somewhere. Don't let your emotional and mental stress take its toll on you for good. It's very easy and convenient to get access to them.
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    Link: https://youtube.com/watch?v=v2h-jbQFi-E
  • Last updated Oct 18, 1, Share - Advertisement - How else do you explain a Torts outline other than just putting one down? I have created a video on how to create your negligence outline but felt that the entire torts outline may be a little much. Duty Duty — Did the D breach a duty owed to the P? Was there a duty owed? General rule of duty — The general rule of duty is there is no duty unless a special relationship or affirmative act.
    Link: https://qualifications.pearson.com/en/support/support-topics/exams/past-papers.html?Qualification-Family=A-Level&Qualification-Subject=Religious%20Studies%20(2008)&Status=Pearson-UK:Status%2FLive&Specification-Code=Pearson-UK:Specification-Code%2F9RS01&Spe
  • Was the injury to the P result from an omission to act by the D? Did the D cause the peril to the P? Did the D undertake or promise to aid the P? Did a special relationship exist between the P and the D? Was the statute designed to protect the class of P from this type of injury? What is the effect of the violation of the statute? Owner or occupier of land — Was the D engaged in an activity on the land? What was the status of the P? If the P was a trespasser there is no duty. The P was either known or frequent trespasser? The P was a child who is too young to know and appreciate the risk involved? Licensee — If the P was an invitee, what duty is owed? If the P was a person off of the land, what duty is owed? What duty, if any, is owed to third persons on the land? What duty, if any, is owed to third persons off the land? Sellers of Land — Duty to disclose. Did the P experience a physical manifestation of the mental distress? Is the P experiencing mental distress as a result of witnessing another being injured by the D?
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  • Breach Breach — Where the D failed to act as a reasonable and prudent person? Does the allowance have to be made due to acting in an emergency? Does allowance have to be made because the D was a child? Actual cause — Will the But for test work? Will the Summers v. Tice test work? Will the Market Share Test work? Proximate cause— Was the injury suffered foreseeable? If no, was it the extent or type of injury that was unforeseeable? If the extent was unforeseeable, does the thin skull P doctrine apply? If the type was unforeseeable, does either the Polemis or wagon mound rule apply?
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  • Was the intervening act dependent or independent? If dependent, was the act abnormal? If independent, was the act foreseeable? Defenses Contributory Negligence — The P failed to act reasonably in his own protection, at Common Law this was a complete bar to recovery. Could the contributory negligence of another be imputed to the P? Does the doctrine of Last Clear Chance apply? Comparative negligence — Where the P has failed to act reasonably in his own protection, modernly this is not a complete bar to recovery. Does the jurisdiction follow pure comparative negligence? Does the jurisdiction follow partial comparative negligence? Assumption of the risk — A knowing and voluntary waiver of the risk. Check our next article for the completion of our Torts Outline!
    Link: https://youtube.com/watch?v=-Lgl3HF-Nrw
  • Conclusion Do your readings during the semester This first tip might seem intuitive, but whether you are a first semester 1L or a second semester 3L, your readings along with all of your other commitments can appear incredibly daunting. Law students tend to skimp on the assigned readings believing that they can catch up at the end of the semester. Playing a catch-up game with your readings the last two months of school puts you at a significant disadvantage to everyone else that kept up with their readings. While you are furiously taking notes on assigned readings from two weeks ago, everyone else is starting their outlines. A full course load of law school readings is substantial, but putting them off until weeks in the future will have substantial consequences. Stay away from Quimbee your first year of law school.
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  • There is a certain method that most law students use for note taking and I think it is extremely effective at fleshing out the important issues in any given case. The note-taking framework that I have found most effective looks like this: 1 Facts- This is just a quick summary of the important facts in the case. Usually this is no longer than a paragraph. This is usually no more than a few sentences, however, sometimes the procedural history can be quite messy. There may be several questions in the case, but usually this is only one or two sentences. Oftentimes my holding section is only one or two words, although it may be a sentence or two if there are several issues presented. Many cases in your casebook will be short excerpts that are no lengthier than a page. But if you use this framework effectively for the more substantial cases you will find your outlining process to be significantly more streamlined and you will understand the cases better.
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  • Note taking on a computer vs. Nearly every professor at my law school allowed their students to take laptop notes and most students obliged. Studies have shown that students taking notes by hand tend to learn the material better than be computer, but I understand that most students do not want to take notes by hand.
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  • If you are going to take notes on your laptop I strongly advise you to store your notes on google cloud or some other cloud service. One of my friends took all of his notes during the year on his laptop and a week before exams he spilled coffee on his keyboard. During the interim period while he was waiting for the repair he had absolutely no notes or outlines. This is why I strongly recommend that you store computer typed notes on the cloud. Prepare for exams early Preparing for law school exams is likely to be a unique experience compared with how you prepared in undergrad. Many readers can probably relate to my exam preparation experience in undergrad. I was a social science major so stereotypically I would postpone exam preparation until a week or so before the test date. At that point I would go into a red bull and nicotine induced fury where I would stay up into the wee hours of the night cramming every last bit of information. Finally, on exam day I would carry my beaten-up and abused body to the testing site where I would dump as much information as humanly possible onto the exam sheets.
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  • Once that was completed, I would trudge back to my dorm and sleep for sixteen hours. I might be exaggerating a bit, but that was largely my exam preparation experience throughout college and it served me pretty well. In law school that strategy is a recipe for absolute disaster. You have to give yourself a significant amount of time to understand and synthesize the material How early do I need to start preparing for exams? If you have a full course load, you should start synthesizing your notes and outlining weeks before exams begin. Most law students have 15 credit course loads each semester during their first year in law school.
    Link: https://hnlr.org/wp-content/uploads/sites/22/HNR101_crop-1.pdf
  • At this point you are probably at least one week from your first final exam. If your professor has them available, I recommend that you take at least three final exams for each subject matter. After I take my first practice exam I begin to start constructing an attack sheet. Law school outlines are notoriously long and if you want to avoid flipping through pages for every issue I suggest that you construct a short and concise page attack sheet. Pick a good place to study Finding a suitable location s to study in for twelve hours a day is an important task and is frequently overlooked by many students during the first semester. You want to make the best use of your precious time leading up to your law school exams. Lots of students assume that the best place to study is at the law school, and that idea does have some merit.
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  • But on the other hand, humans are generally social creatures and the law school is a social gathering place. Even with good intentions to study, you might find it difficult to avoid long conversations with friends and acquaintances, and this will cut down on your studying time. I quickly learned during my first semester that studying at school was not going to work out. I know that I am a chatterbox and studying with friends nearby simply did not work out for me. The other issue with studying at school was that I like to break up my studying every thirty minutes or so by jamming out to a song. Kind of an awkward thing to do in your law school library. My advice is to try different places until you are happy with a spot, but if you feel like you are wasting too much time at the law school gabbing with classmates I suggest that you find another place to study.
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  • My friends study at all sorts of places: coffee shops, their apartment, public libraries, undergrad libraries, etc. Find what works best for you! Consider investing in supplemental readings Some people use supplements during the exam period to help them digest the information covered during the semester. Some supplements are better than others. During my 1L year I had a free subscription to Barbri so I used their videos to help with condensing information. Barbri is a good tool even though at times it covers information that is either 1 too basic or 2 not covered in your class. If you do choose to purchase a supplemental book or service you are bound to be faced with information that you did not learn in your class. Create your outlines the smart way I have noticed that everyone has a different process for how they create their outlines. Some people make extremely detailed and all-encompassing page outlines and others make really short general outlines that are less than 30 pages.
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  • A lot of this is personal preference, but if you feel like you need to make a page outline for Torts make sure that you have it structured well, the pages are numbered, and you have a table of contents. I find lengthy outlines to be difficult to manage during a heavily time constrained exam even with a table of contents, therefore my outlines usually run between pages depending on the topic. Last semester my Corporations outline was like 60 pages, but my Federal Income Tax outline was only It really depends on the class and how much material you cover during the course of the semester. Should I use commercial outlines as a supplement? I strongly suggest that you stay away from commercial outlines. Commercial outlines can be okay to compare to your own outline, but on the other hand classes are taught differently depending on the school and your professor. Therefore most commercial outlines will have lots of information that you do not need and they will likely be missing information that you covered in your class.
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  • Should I rely on outline banks? I strongly suggest that you create your own outline. Some students at my school got into the habit of finding outlines on the outline bank and using them instead of writing their own. There are two major reasons for writing your own outline: 1 Writing an outline helps you digest all the information that you learned over the semester and connects the initially disconnected topics and 2 if you have any holes in your knowledge or notes you will quickly realize that as you write your outline. Take lots of practice exams Practice exams are by far the best way to prepare for a law school exam. They are an even bigger goldmine if your professor gives out model answers my professors all did 1L year. During my 1L year I preferred to take my practice exams under simulated exam taking pressures, that means under a time clock. If your professor does not allow you to bring notes to an exam take the practice exams without your notes.
    Link: https://testvalid.com/ARA01_OP-exam-collection.html
  • If I have model answers, what I do is I take the practice exam and then I compare my answer to the model answer. My Civil Procedure professor even wrote the model answers for his exams so some of the wording and issues he covered I incorporated into my attack sheet for his exam. Should I use commercial practice exams? I recommend that you stay away from commercial practice exams unless your professor does not offer any practice exams. My Corporations exam was entirely multiple choice, but my girlfriend took Corporations with a different professor and it was entirely essay.
    Link: https://sbg.colorado.gov/
  • Create a concise and useful attack sheet Most law school exams are under some time pressure. Some exams like my Torts and Contracts exams are extremely time pressured and every second counts. Attack sheets are highly condensed portions of your outline. Most professors have a certain style and they often reuse old fact patterns by putting a minor spin on them.
    Link: https://nfg.org/ffj_backing_protests

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