IRAC (Continued)

    Sometimes the fact pattern will end with a specific question, such as "Can Mr. Bank Patron bring a successful battery claim against Y?"  Other times there will only be the word "discuss".  Always read the prof's instruction FIRST.  If all that were requested in the above fact pattern were that you analyze whether Mr. Bank Patron could bring a successful battery action against Y, your focus while reading the fact pattern would be narrowed considerably.
    The first thing you may have noticed is that the facts seemed to point to all kinds of possibilities.  Indeed, the very first line of the fact pattern states that the parties entered into a contract.  In addition, you may have become sidelined thinking of all of the criminal ramifications.  Professors will frequently combine subjects in this way.  Remember, I said the fact pattern was a "Torts" fact pattern.  You only address issues that involve torts, so you would ignore criminal liability as well as contract issues.  You'll have enough on your hands in addressing the torts issues.  The prof should explain that you are to only discuss issues related to the subject tested; however, if you are unsure of the policy definitely seek clarification from the prof prior to exam day.

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