Transcript Creating Good Outlines - Fredric G. Levin College of Law

Creating Good Outlines
Professor Michael Seigel
University of Florida
Levin College of Law
Overview
 Process
 End
Product
 Use
 Example
Process
Read for class
 Brief/Highlight cases and materials
 Attend class and take MEANINGFUL notes
 Review and annotate notes at end of day
before reading for next class
 Weekly: work on OUTLINE

Why Outline?
Although we all learn differently, most of us
benefit from collecting and organizing material
into written form
 The process of outlining is as important as the
actual end result, if not more so – FOR THIS
REASON, DO NOT RELY SIMPLY ON READING
COMMERCIAL, LAW REVIEW, OR OTHER THIRD
PARTY OUTLINES
 The outline becomes your roadmap through the
material, either to help you memorize for closedbook exams or for use during open-book exams

Do I Have To?
I don’t know of any successful law student
who does not outline course material,
though some might exist.
 First semester is probably NOT the time to
see if you’re “special.”
 There is no shortcut to the hard work in
law school.

Getting Started

Organization of Outline
 Might
be obvious from notes
 Could use book’s table of contents for guide
 If course is rule or statute based, these might
be source of organization
 Could look to third party outline as a guide
Content
To start, black letter law that you will use
to spot and analyze issues on the exam
 You must know BLL cold before walking
into the classroom for the exam
 Clearly note areas of gray and arguments
either way
 Make sure you conform to professor’s way
of conceptualizing the law

Level of Detail
 Outline
should be precise, and written to the
level of detail matching course
 Unless Professor tells you otherwise, case
names and facts are not super important; it is
the HOLDINGS you are weaving into a series
of RULES and EXCEPTIONS
 Include reminders about tricky issues that
might pop up
 Specify places where law is not clear
(opportunities to argue both sides)
Level of Detail, Con’t
Write down “key language” from the cases
 Write down the important “X-Part tests”
 Include the law from the various
jurisdictions studied, given professor’s
preferences
 Include “key language” and “key
concepts” from class discussion

What should it look like?
Neatly typed
 Highlights
 Tabs
 Charts
 Roadmaps
 Written-in comments and additions

How Long?
Not too long – it must be SUMMARY and
SYNTHESIS of material
 Not too short – it must be
COMPREHENSIVE of BLL that could
appear on the exam
 Perhaps 40-50 pages??

How do I know if it’s Good?
Study group: are discussion issues
covered by your outline?
 Practice tests – was the outline helpful?
 Practice tests – does the outline lead to
correct answers?
 Practice tests – does the outline help
issue-spotting?

Outline of Outline
Next step: CONDENSE your outline into a
“mini-outline” or even a “checklist” of
important issues
 This becomes your reference for spotting
issues on the exam
 Suggestion: FOR CLOSED BOOK exam,
memorize checklist and write it down
BEFORE READING QUESTIONS

Example from Criminal Law

Actus reus – voluntary action required
before there can be crime, CL & MPC §
2.01(1)
 Is
a material element of the crime, CL & MPC
§§ 1.13(9)(i) and 1.13(10)
 Def of Voluntary, CL & MPC § 2.01(2):
 Conscious
bodily movement, including habits
 Does not include:


Reflex or convulsion (e.g. seizure)
Movement during unconsciousness or sleep
Sample Outline, con’t
 Which


voluntary action counts?
Move back in time, can always find vol action
TEST:
 Must coincide with mens rea
 Is the action morally wrong?
 Is the action the one the legislature was trying to
deter?
 Omissions

Rule: Generally, failure to act is not a crime; not required
to be Good Samaritan
Sample Outline, con’t


Why?
 Americans like freedom
 Line-drawing problem
 Don’t want to discourage GS-ism by putting burden
on folks for “not doing enough”
Exceptions
 Contractual relationship (babysitter)
 Etc.
 Etc.
 Etc.
QUESTIONS?