IRAC (Continued)
    This fact pattern brings into play many Tort theories: trespassing, intentional infliction of emotional distress, false imprisonment, assault, battery and who knows what else.  But the one reason I wrote the fact pattern is because you have enough legal knowledge already to spot one issue.  Did you spot the issue?  Think of the Farwell holding.  That's right, Y and Z may have been negligent in leaving the injured X alongside the road.  X, Y, and Z were “co-venturers” engaged in a “common pursuit”.  Therefore, Y and Z had a duty to take affirmative steps to assist X since such assistance presumably could have been accomplished safely.  That's a good example of how easy it is to miss issues.  Again, purists may argue with me, pointing out that counsel will have a very difficult time convincing a judge to allow a wrongful death civil action between survivors of bank robbers!  That may very well be true, but the point remains, you had better see the issue on the exam and at the very least explain it away.
    Now, to illustrate IRAC let me give you the elements of common law battery.  Battery is a 1) harmful or offensive contact, 2) with the plaintiff's person.  In the fact pattern, Y cold cocks Mr. Bank Patron, knocking him down and bloodying his nose.  So there is an issue as to whether or not Y committed a battery upon the Bank Patron.  So, on the exam you would write out the following:
       
    Issue:  Did Y commit battery upon Bank Patron?
    Rule:  Battery is 1) harmful or offensive contact, 2) with plaintiff's person.
    Application:  Here Y "cold cocked" Patron with the butt of his gun (harmful and offensive), knocking Patron to the floor, bloodying Patron's nose (patrons nose constitutes his "person").
    Conclusion:  There are no facts to indicate that Y will successfully raise a necessity, consent, defense of self, defense of others, or defense of property claim.  Yes, Y will be liable to Bank Patron for the intentional tort of battery.
   
    The words Issue, Rule, Application, and Conclusion can certainly be abbreviated.  You will be looking for ways to save time. 

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