Outlining for Exams:
Many Methods, One Goal
Prof. Carol B. Swanson
ASP Workshop #2


Outlining for Exams: Many Methods, One Goal
 Thursday, September 13, 11:30-12:30 (Room
101)
 Sunday, September 16, 11:40-12:40 (Room
101)
Outlines are critical to successful exam
preparation. This ASP Workshop explores the
outlining process from start to finish in the
Contracts I context. If you are uncertain how to
transform case briefs and class notes into winning
outlines, this session is for you!
2
Today’s Workshop…




Understand how outlining is a process, not a
result;
Understand the use of diverse outlining
techniques, including graphs, visual aids, flip
cards, and the traditional alpha-numeric outline
Appreciate the overall outlining process and its
pitfalls, including tips based on recent cognitive
research
ALL IN THE CONTEXT of your Knapp Crystal
casebook in CONTRACTS I!
ASP Workshop #3


Managing Law School Stress (and Finding
Peace and Purpose)
Professor Mary Szto


Saturday, September 29: 4:30 p.m. - 5:45 p.m.
(Room 101)
Tuesday, October 2: 11:20 a.m. - 12:40 p.m.
(Room 101)
Confused?
Anxious?
Are you up-to-date with your class
assignments?
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No
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Yes—completely.
Yes, for the most
part.
No, I have started
to fall behind.
HELP!
Ye
s—
1.
Do you have a comfortable
understanding of your course materials?
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2.
Yes—completely.
Yes, for the most
part (especially
after class).
No, I am having
difficulty putting
the pieces together.
HELP!
Ye
s—
1.
Have you contacted your professor
regarding your substantive concerns?
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4.
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No, because I have no
substantive concerns.
No, but I have gone to
at least one SSG
session.
No, but I have talked
with my tutor about
my concerns.
Yes.
No
,
1.
So what’s an
OUTLINE?
It’s all about EXAM PREPARATION!
Have you ever created a full course
outline?
0%
0%
No
.
2.
Yes.
No.
Ye
s.
1.
Have you already started to rough out an
outline (in at least one class)?
0%
0%
No
.
2.
Yes.
No.
Ye
s.
1.
Do you plan to create an outline for
every doctrinal course?
0%
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No
.
2.
Yes.
No.
Ye
s.
1.
Let’s consider
what an
OUTLINE
Is NOT…
It’s not a summation of your case briefs.
It’s not a simple compilation of your notes.
WHAT ABOUT
COMMERCIAL
OUTLINES?
• Coverage Is Different
An effective
outline is NOT something
• Information
Overload
that someone
• Other Sources
are FREE else does for you.
• Your Own Outline Is Superior
Outlining is more about the PROCESS
than the OUTCOME.



Like case briefing, outlining is a process.
Outlining is something you do, not
something you have.
Your GOALS are to:


Conceptualize the doctrines and improve your
understanding of how the pieces fit together; &
Create a comfortable structure (model) that
allows you to analyze diverse fact patterns.
Comfort =
Speed
So Where Does Outlining Fit?
Case Briefs + Other Notes in Casebook
Structure Before Class
Refine Notes While in
Class
Further Refinement at Least
Weekly Outside of Class
COURSE
OUTLINE!
Executive Summary
Ready for CLASS
Mastering
Critical
Thinking
Ready for THE EXAM
OUTLINING is all about ORGANIZATION



The act of outlining forces you to confront
whether you actually understand the
materials and how they interrelate.
The act of outlining will help imprint the
materials, improving your recall later.
This organization should facilitate your
ability to apply concepts to new fact
patterns on an exam.
OUTLINING Methods





Outlining is personal; your learning style will
determine what methods work best for you.
“Old School” Outline: Roman Numerals, front to
back narrative.
Graphic Models:
 Flow Charts, Diagrams, Decision Trees
Bit by Bit: FLASH Cards
Some combination of the above?
What approach works best for you?
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2.
Boring, traditional
outline approach.
Graphic displays,
like charts.
Short ‘n sweet—
like flash cards.
Combo platter!
Bo
r in
g,
1.
Focus on Knapp Crystal Casebook
1.
2.
3.
4.
5.
An Introduction to the Study of Contract Law
The Basis of Contractual Obligation: Mutual
Assent and Consideration
Liability in the Absence of Bargained-For
Exchange: Promissory Estoppel and Restitution
The Statute of Frauds
The Meaning of the Agreement: Principles of
Interpretation and the Parol Evidence Rule
Material Covered So Far…
1.
2.
Intro to Contract Law
a)
Sources
b)
Contract Theory Perspectives
Basis of K Obligation:
a)
Mutual Assent

Objective Theory

Offer/Acceptance in Bilateral, Unilateral

Postponed Bargaining
b)
Consideration (Defined & Applied)
c)
K Formation Under Article 2

d)
Mutual Asent, Firm Offer, Qualified Acceptance (“Battle of the Forms”)
Electronic and “Layered” Contracting
Chapter 2: The Basis of Contractual
Obligation
A.
Mutual Assent
1.
Intention to Be Bound: The Objective Theory of Contract

Ray v. William G. Eurice & Bros., Inc.
2.
Offer and Acceptance in Bilateral Contracts

Lonergan v. Scolnick

Izadi v. Machado (Gus) Ford, Inc.

Normile v. Miller
3.
Offer and Acceptance in Unilateral Contracts

Petterson v. Pattberg

Cook v. Coldwell Banker/Frank Laiben Realty Co.
4.
Postponed Bargaining: The “Agreement to Agree”

Walker v. Keith

Quake Construction, Inc. v. American Airlines, Inc.
Outlining Chapter 2:
Do NOT Make This Mistake!
A.
Mutual Assent
1.
Intention to Be Bound: The Objective Theory of Contract

Ray v. William G. Eurice & Bros., Inc.
2.
Offer and Acceptance in Bilateral Contracts

Lonergan v. Scolnick

Izadi v. Machado (Gus) Ford, Inc.

Normile v. Miller
3.
Offer and Acceptance in Unilateral Contracts

Petterson v. Pattberg

Cook v. Coldwell Banker/Frank Laiben Realty Co.
4.
Postponed Bargaining: The “Agreement to Agree”

Walker v. Keith

Quake Construction, Inc. v. American Airlines, Inc.
Outlining Chapter 2:
Focus on the CONCEPTS, not the Cases
A.
Mutual Assent
1.
Intention to Be Bound: The Objective Theory of Contract

WHAT is the theory? Define it.

Meeting of the minds?
2.
Offer and Acceptance in Unilateral & Bilateral Contracts

DEFINE Unilateral, Bilateral—and why does the
difference matter?

DEFINE Offer, Acceptance, Rejection, Revocation,
Counteroffer, etc. WHEN effective?
3.
Postponed Bargaining: The “Agreement to Agree”

What is the problem, and the standards for analysis?
What are the standards for MUTUAL ASSENT under UCC Article 2?
Simplify & Reduce:
Workable,
Tight
Executive
Summary
(3-10 pp)
FOREST vs. TREES
Case
Case
What Constitutes Mutual Assent?
Case
Case
But what if I just don’t get it?
Open-Door
Policy
• One–on-one Tutoring
• Structured Study Groups
• Workshops
Start outlining today
SERIOUSLY, Start outlining NOW!
Good Luck!
Enjoy Your Fall Semester!
Questions or concerns? Feel free to contact me…
Carol Swanson
cswanson@hamline.edu
651.523.2138