Torts Scripts Forum
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funkyar89
- Posts: 12
- Joined: Mon Dec 09, 2013 1:41 am
Torts Scripts
Can anyone please share good torts scripts organized by each topic??
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A. Nony Mouse
- Posts: 29293
- Joined: Tue Sep 25, 2012 11:51 am
Re: Torts Scripts
What is a script, in the context of a law school class?
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downinDtown
- Posts: 203
- Joined: Mon Jul 22, 2013 12:01 pm
Re: Torts Scripts
It's codeword for a TTT-canned answer, I think.
If you're wanting a canned-style answer, it's going to be professor-specific. Each teacher, even school to school, tests on different things. So find previous exams, see if there are model answers out there and pull out the salient material.
You can always "script" or "can" the Rule portion of IRAC (and this includes all the elements of the different torts) and sometimes you can "script" the Issue too if you have seen enough of your teacher's tests to know what issues they look for. But where you will get points and set yourself apart is in the analysis. On this section, what I found to be successful was to list the factors that the professor would like me to assess, and then I would pull from the facts to make a determination of how those factors would be determined.
If you've read Getting to Maybe, you'll see there can either be: 1) forks in the law or 2) forks in the facts. The law is relatively straightfoward, black-letter stuff, it can change based on jurisdiction or what elements are present. If you miss this, you didn't prepare. Where you have to really shine is finding and analyzing those forks in the facts, assessing how strong of a case you can build for each element, and arguments for each side with factual examples of why it is strong or weak. (A dumbed down example: X was negligent in the production of toasters and as a result Y received a defective toaster, but it only shocked Y when he sat with it in the bathtub, so the court will consider Y's stupidity as contributory negligence, but the court may still assess whether . . . )
If you're wanting a canned-style answer, it's going to be professor-specific. Each teacher, even school to school, tests on different things. So find previous exams, see if there are model answers out there and pull out the salient material.
You can always "script" or "can" the Rule portion of IRAC (and this includes all the elements of the different torts) and sometimes you can "script" the Issue too if you have seen enough of your teacher's tests to know what issues they look for. But where you will get points and set yourself apart is in the analysis. On this section, what I found to be successful was to list the factors that the professor would like me to assess, and then I would pull from the facts to make a determination of how those factors would be determined.
If you've read Getting to Maybe, you'll see there can either be: 1) forks in the law or 2) forks in the facts. The law is relatively straightfoward, black-letter stuff, it can change based on jurisdiction or what elements are present. If you miss this, you didn't prepare. Where you have to really shine is finding and analyzing those forks in the facts, assessing how strong of a case you can build for each element, and arguments for each side with factual examples of why it is strong or weak. (A dumbed down example: X was negligent in the production of toasters and as a result Y received a defective toaster, but it only shocked Y when he sat with it in the bathtub, so the court will consider Y's stupidity as contributory negligence, but the court may still assess whether . . . )
