Creating Good Outlines - Levin College of Law

advertisement
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 roadmap through the
material, either to help memorize for closedbook exam or for use during open-book exam

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
 Could look to third party outline as a guide
Content
Essentially, BLACK LETTER LAW that you
will use to spot and analyze issues on the
exam
 You must know BLL cold before walking
into classroom
 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 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)
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 20-40 pages??

How do I know if it’s Good?
Study group: are discussion issues
covered by your outline?
 Practice tests – was outline helpful?

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 Torts

Negligent Infliction of Emotional
Distress

Plaintiff must first show that Δ acted
negligently, then must prove either:
 Pain
and suffering accompanying physical injury.
 Physical impact.
 Zone of danger (near miss).

Δ may have a duty to those where it is highly
foreseeable that the Π is emotionally
vulnerable.

Rationales for Restrictive Rule (still alive
though majority have been more liberal)
 1.
Uncertain causation (low foreseeability)
 2. Consensus of lawyers
 3. Public Policy concerns (fraud/opening the
floodgates to unlimited liability)
 4. Notice to defendants (prevent state
claims)
QUESTIONS?
Download