Creating Good Outlines

1. Creating Good Outlines Professor Michael Seigel University of Florida Levin College of Law

2. Overview • Process • End Product • Use • Example

3. 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

4. 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 closed-book exams or for use during open-book exams

5. 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.

6. 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

7. 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

8. 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)

9. 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

10. What should it look like? • Neatly typed • Highlights • Tabs • Charts • Roadmaps • Written-in comments and additions

11. 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??

12. 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?

13. 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

14. Example from Criminal Law • Actusreus – 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

15. Sample Outline, con’t • Which voluntary action counts? • Move back in time, can always find vol action • TEST: • Must coincide with mensrea • 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

16. 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.

17. QUESTIONS?