The following commentary should be useful to students during the outlining and note taking process. It may also prove useful as a guide to taking inclass notes and preparing for exams. It can be found on the following website http://philosophy.lander.edu/study-books.html. How to Take Book Notes I. In many University classes, taking book notes often marks the difference between an A and a B course grade for a normally good to average student. A. If you tend not to be organized, the following suggestions concerning book notes are matters of personal preference yet should prove helpful. 1. Use 3-hole loose-leaf notebook paper and a binder with dividers for various subjects. a. b. c. 2. In this manner, you can loan specific sets notes without risking the loss of the whole notebook. You can also easily interleave lecture notes, Photostats, diagrams, and other sources. Add your syllabus with the aid of a 3-hole punch. Begin study notes with the following record at the top or margin of the page: Text: Subject: Date: Time: 3. B. If your teacher is a poor lecturer [not me!] but follows the textbook, take good notes from the text and supplement them with the lecture notes. Hence, you must read ahead and take notes before the class presentations. The Use of Books: the P, Q, R, S, T method. Each hour of study should be divided into the following time-periods. 1. Preview: scan the chapter noting italicized and bold-face type, introductory and concluding sentences, diagrams and tables. (5 minutes). 2. Question: write out what appear to be key questions covered in the chapter and answer them orally based on what you already know about the subject. (5 minutes) This step is especially important. (The rationale for this step might be initially difficult to understand. Psychologically, we tend to remember better if we have already have in place a conceptual structure by which to compare new information. Consider the student who argues about a 1 point question on a test--this student has a vested interest in the answer and is unlikely to forget the correction.) 3. Read: read the chapter carefully and critically. Either underline and make notes in the text or jot down an outline of the key ideas in your notebook or both. (20 minutes). 4. Study: fill in your outline and mentally review the important concepts by comparing your answers to the text. (20 minutes): fill in your outline and mentally review the important concepts by comparing your answers to the text. (20 minutes). This step is the "study" in the P, Q, R, S, T Method. It's quite surprising to many teachers that even at the college level, many students assume that the "R" step is the whole sum and substance studying. 5. Test: shut your book and notes. Repeat, as precisely as you can, all that you can remember about your notes. Important points should be given almost verbatim. Of all steps, this one is the most important. (10 minutes) Do not look up information you have forgotten at this time. Instead, jot down the concept to be reviewed at the next study period (q.v., III, B, 2, b above). (The fact that you don't remember the information at the present time will be of some concern until the next study period when you can put the annoyance to rest.) How to Take Lecture Notes I. Good lecture notes record the meaning of the lecture, its general direction, and points for further study. I. If special presentations are made (e.g., film, audio, DVD, overhead, or PowerPoint presentations), take especial care to take thorough notes. (Yes, the taking of notes will affect the enjoyment of the presentation, but your grade isn't usually based solely on how much enjoyment you derive from the presentation.) II. Classroom preparation should be thought out in advance. I. Sit as close to the front of the room as will make you slightly anxious, yet not too uncomfortable. I. Sit on the right-hand side of the class if the teacher is righthanded—especially in language, mathematics, and science classes. (You can see the blackboard as the teacher is writing; on the left-hand side the presence of the teacher obscures the board.) II. III. If you cannot initially see, hear, or concentrate, immediately move to a place where you can. Generally speaking, a right-handed teacher tends to call on students toward the back of the class on the teacher's right, and a left-handed teacher tends to call on students at the back of the class on the teacher's left. (To escape notice, it sometimes works to sit toward the front of the classroom at the left of a right-handed teacher and vice-versa for a left-handed teacher.) II. If you can afford a course planner, by all means, use one. In any case, begin all lecture notes with the record in the left-hand margin or at the right-hand top: Class: Date: Topic: Assignment: III. III. Be ready to start taking notes before the teacher enters the class. The major difficulty in lecture classes is that you must listen, select, and write at the same time. Most students will have to overcome twelve years of classroom experience where they have become accustomed to passive listening. Initially, you will have to dedicate yourself to the attempt--after about two or three weeks, most note-taking difficulties are overcome. I. II. Doggedly try outline form; it's better to write down too much than too little, at first. Studies have shown that even good listeners remember only about 25% of the spoken word immediately after class—and next to nothing a week later. Select the main heading for your outline form by… I. II. III. IV. the logical structure of the lecture announced by the teacher, the basic principles drawn from assigned readings, definitions, and/or new topics. III. Do not write out verbal illustrations or examples—jot down only some key words to remind you of the examples later. If possible, fill in the left-out steps immediately after that class. IV. Leave four or five blank lines between major topics and subjectpoints so you can supplement with book notes or other references later. (Error on the side of leaving too much white space.) If you have an acquaintance or friend who also wishes to do well in a course, it's a good idea to compare notes not only to supplement your own notes, but also to obtain concrete tips for improving your own note-taking skills. II. Look through your lecture notes at the earliest opportunity after class for corrections and amplifications. Usually, these revisions are best done immediately after class while the material is still fresh on your mind—even if you only have a few moments between classes. III. On days when you do not feel like doing anything (and there will be days like this), keep track of the subject in key words only, or think of this class as an opportunity to improve your handwriting skills. As Aristotle pointed out, usually, your actions determine your state of mind, rather than your state of mind determining your actions. By "pretending" to take notes, you will often be surprised to find yourself actually taking notes. Reviewing For Exams I. Techniques for reviewing for tests form an essential part of being a student. A. Under most conditions, it is more efficient to study alone. There are, however, three exceptions: B. II. 1. If two or more persons have already mastered the material very well, quizzing each other may be more effective than self-quizzing alone. Some studies have shown the students learn from each other as much as they learn from the teacher 2. If the course material is too difficult, then collaboration with another student or setting up a study-group can be profitable; however, study groups work best when they meet on a regular basis well before the exam is scheduled. 3. Sometimes in order to reduce anxiety and conflict, it is more profitable to study with others than to study alone. Avoid mixing socializing and study--it seldom works for difficult classes. Intensive studying the night before an exam has serious disadvantages. 1. Anxiety impairs thinking, reasoning, and learning. 2. Anxiety is incompatible with enjoyment. By studying intently the night before an exam, you are learning not to enjoy not only the subject being studied but also learning not to enjoy the study and leaning process. 3. If you have already formed the habit of cramming the night before a test, then your task is made much more difficult, since just the sight of a textbook at any time, not just before an exam, may cause anxiety. Even the thought of studying can cause apprehension because past study has been associated with tension, dread, and negative feedback. 4. The "institutional syndrome" can be seen to be established when our natural creativity, discovery, and curiosity is hindered by past negative reinforcement. Cramming is psychologically unsound for other reasons as well. Having spent an enormous amount of effort and loss of sleep the night before an exam, a student is usually rewarded with a less than acceptable grade. The negative conditioning leads to the loss of desire to study until some sort of an emergency situation crops up--i.e., usually, the next test, and so the effect tends to perpetuate itself. Notes Example BA 246 Chapter 48 Real Property and Landlord-Tenant Relationships The Nature of Real Property: Land: Unless a statute or case law holds otherwise, a landowner has the right to everything existing permanently below the surface of his/her property to the center of the earth and above it to the sky Air Space and Subsurface Rights: significant limitations called “encumbrances,” on either air rights or subsurface rights normally must be indicated on the document transferring title at the time of purchase Air Rights: Until 100 years ago, the right to use the air space over an owner’s property was not too significant…early cases are of whether a telephone wire could be run across a person’s property…flights over private land do not normally violate the property owners’ rights unless the flights are low and frequent, causing a direct interference with the enjoyment and use of the land Subsurface Rights: this can be extremely valuable when minerals, oils, or natural gas is located beneath the surface…but a surface owner’s rights would be of little value if he/she could not use the surface to exercise those rights…a subsurface owner will have a right (called a “profit,”) to go onto the surface of the land to, for example, find and remove minerals…at common law, a landowner has the right to have the land supported in its natural condition by the owners of the interested under the surface…if the subsurface owners excavate they are absolutely liable if the excavating causes the land to collapse…many states also have statutes to cover any damages that may occur to structures on the land as well Plant Life and Vegetation: Plant life, both natural and cultivated, is also considered to be real property…in many instances, natural vegetation, such as trees, adds greatly to the value of realty…when land is sold and the land has growing crops on it, the sale includes the crops, unless otherwise specified in the contract…if just the crops are sold they are considered “Personal Property,” and is thus governed by the UCC rather than real property laws Ownership Interests in Real Property: it is an abstract concept b/c no one can actually possess, or hold, a piece of land, the air above, and the earth below, and all the water contained on it…one can only posses “the rights” in real property…the one who holds the entire bundle of rights owns the property in “fee simple” Fee Simple: in a “fee simple absolute” the owner has the greatest aggregation of rights, privileges, and power possible…the owner can give the property away, sell the property for a price, or transfer the property by will to another…it is limited to a person and his/her heirs and is assigned forever without limitation or condition…the rights include: the right to use the land for whatever purpose the owner sees fit, as long as it doesn’t interfere with others land or zoning laws, the owner also has the right to “exclusive” possession of the property…it is indefinite in duration and can be disposed of by deed or by will…even if there is no will it will be passed to the owner’s legal heirs Life Estates: is an estate that lasts for the lifetime of some specified individual…A “Conveyance” or transfer of real property, “to A for his life” creates a life estate…In a life estate, the life tenant’s ownership rights cease to exist on the life tenant’s death…they only have the rights to the land as long as no “waste” (injury to the land) is committed)…the life tenant also has the rights to mortgage the life estate and create liens, easements, and leases; but none can extend beyond the life of the tenant…along with the rights there are some duties the life tenants must do-keep the property in repair and to pay property taxes Leased Estates: is created when real property owner or lessor (landlord) agrees to convey the rights to possess and use the property to a lessee (tenant) for a certain period of time…every leasehold estate the tenant has a qualified right to exclusive possession (but the landlord can enter to verify that the tenant is not creating waste of the property Tenancy for Years: is created by and express contract (sometime can be oral) under which property is leased for a specified period of time, such as a month, a year, or a period of years…if the tenant dies during the lease period, the lease interest passes to the tenant’s heirs as personal property Periodic Tenancy: is created by lease that doesn’t specify how long it is to last, but does specify that rent is to be paid at certain intervals…this type of tenancy is created by automatically renewed for another rental period unless properly terminated…at common law, to terminate a periodic tenancy, the landlord or tenant must give one period’s notice to the other party Tenancy At Will: when a landlord rents “for as long as both agree” under common law either party can terminate the lease at will without notice Tenancy at Sufferance: is the possession of land without rights…is created when a tenant “wrongfully” retains possession of property Nonpossessory Interests: interest in land without the right of possession, such as “easements, profits, and licenses” Easements and Profits: an “easement” is the rights of a person to make limited use of another person’s real property without taking anything from the property (the right to walk across another person’s property)…a “profit” is the right to go onto land owned by another and take away some part of the land itself or some product of the land…an easement or profit “appurtenant” arises when the owner of one piece of land has the right to go onto (or remove things from) an adjacent piece of land owned by another Creation of an Easement or Profit: they can be created by deed or will, contract, implication, necessity, or prescription…creation by deed or will simply involves the delivery of a deed or a transfer of will by the owner of an easement stating that the grantee (the person receiving the profit or easement) is granted the rights that the grantor had in the easement or profit…when they are created by contract, with the contract terms defining the extent and length of time of use…they may also arise by implication when circumstances surrounding the division of a parcel of property imply its creation…an easement by necessity does not require division of property for its existence…an easement arises by prescription when one person exercises an easement, such as a right-of-way, on another person’s land without the landowner’s consent, and the use is apparent and continues for a period time equal to the applicable statute of limitations Effect of a Sale of Property: when a parcel of land that is benefited by an easement or profit appurtenant is sold, the property carries the easement or profit along with it…when a parcel of land has the burden of an easement or profit appurtenant is sold, the new owner must recognize its existence only if he/she knew or should have known of it or if it was recorded in the appropriate office of the county Termination of an Easement or Profit: they can be terminated or extinguished in several ways…the simplest way is to deed it back to the owner of the land that is burdened by it…another way is to abandoned it with the intent to relinquish the right to use it Licenses: (in the context of real property) it is the revocable right of a person to come onto another person’s land (ticket to a movie or a play) Transfer of Ownership: Ownership of real property can be passed from one person to another in a number of ways Deeds: Possession and title to land are passed from person to person by means of a deed-the instrument of conveyance or real property…a deed is a writing signed by an owner of real property by which title to it is transferred to another…the following are required for a valid deed: 1. The names of the grantor (the giver or seller) and the grantee (the donee or buyer) 2. Words evidencing an intent to convey (Example: “I hereby bargain/sell/give”) 3. A legally sufficient description of the land 4. The grantor’s ( and usually his/her spouse’s) signature 5. Delivery of the deed Warranty Deed: this makes the greatest number of warranties and thus provides the most extensive protection again defects of title…most courts will infer from this language that the following covenants are being made: a covenant that the grantor has the title to, and the power to convey, the property; a covenant of quiet enjoyment (a warranty that the buyer will not be disturbed in his/her possession of the land); and a covenant that transfer of the property is made without knowledge of adverse claims of third parties Special Warranty Deed: which is frequently referred to as “limited warranty deed” warrants only that the grantor or seller held good title during his/her ownership of the property…if the special warranty deed discloses all liens or other encumbrances, the seller will not be liable to the buyer if a third person subsequently interferes with the buyer’s ownership Quitclaim Deed: this warrants less than any other deed…it simply conveys to the grantee whatever interest the grantor had Grant Deed: with this the grantor simply states, “I grant the property to you” by state law grant deeds may carry with them an implied warranty that the grantor owns the property being transferred and has not previously encumbered it or conveyed it to someone else Sheriff’s Deed: is a document giving ownership rights to a buyer at a sheriff’s sale, which is a sale held by a sheriff to pay a court judgment against the owner of the property. Recording Statues: (Every jurisdiction has them) which allows deeds to be recorded…recording a deed involves a fee…the grantee typically pays the fee b/c he/she will be protected by recording the deed…it gives notice to the public that a certain person is now the owner of a particular parcel or real estate…placing veryone on notice as to who the real owner is…they are recorded in the county that the grantor sign the deed in the presence of two witnesses before it can be recorded Contracts for the Sale of Real Estate: it is usually done by sale, and it involves a transfer of ownership, often with specific warranties…first the information of the land sales contract…a title search follows, along with negotiations to obtain financing for the purchase…unless the buyer pay cash for the property, the buyer must obtain financing through a mortgage loan (a loan made by and individual or institution, such as banking institution or trust company, for which the property is given as security)…then the buyer normally has the premises inspected for physical or mechanical defects and for insect infestation…the final step is closing…deposits toward the purchase price are normally held in a special account. Called an “Escrow Account” until all the conditions of the sale are met and the closing takes place at which time the money is transferred to the seller Warranty of Habitability: the common law rule of “Caveat Emptor” (“let the buyer beware”) was specifically included in the deed or contract of sale…now there is a strong favor of an “Implied Warranty of Habitability” …which is the law in the majority of states, the seller of a house warrants that it will be fit for human habitation regardless of whether any such warranty is included in the deed or contract of sale Seller’s Duty to Disclose: in most jurisdictions, courts have placed on sellers a duty to disclose any known defect that materially affects the value of the property and that the buyer could not reasonably discover Transfer by Inheritance: if the owner dies with a will, that the land passes according to the terms of the will…if the owner dies without a will, state statues prescribe how and to whom the property will pass Adverse Possession: is a means of obtaining title to land without delivery of a deed…essentially, when one person possesses the property and another for a certain statutory period of time (3 to 30 years with 10 years being most common), that person, called the “Adverse Possessor,” acquires title to the land and cannot be removed from it by the original owner…For property to be held adversely, four elements must be satisfied: 1. Possession must actual an exclusive; that is, the possessor must take sole physical occupancy of the property 2. The possession must be open, visible, and notorious, not secret or clandestine. The possessor must occupy the land for all the world to see 3. Possession must be continuous and peaceable for the required period of time. This requirement means that the possessor must not be interrupted in the occupancy by the true owner or by the courts 4. Possession must be hostile and adverse. In other words, the possessor must claim the property as against the whole world. He/She cannot be living on the property with the permission of the owner Limitations on the Rights of Property Owners: No ownership rights in real property can ever be absolute; that is, an owner or real property cannot always do whatever he/she wishes on or with the property Eminent Domain: in the United States the government has ultimate ownership rights in all land…this right is called eminent domain; and it allows the government to take land from a small parcel of property to a large tract of land, for public use…it can be taken for only public use not private benefit…this power is often referred to as “Condemnation power” of the government…after the government decides what land needs to be taken it brings judicial proceedings to obtain title to the land…then in another proceeding the court determines a “fair value” of the land…when the government takes land owned by a private party it is referred to as a “taking” and the government must compensate the private party