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Professor Claudia Diamond University of Baltimore School of Law. Why outline when you can buy one? (or let me give you a cliché). Overview. What’s the point? How do we do it? What should one look like? How do you use your outline effectively once you’ve created it? Outline examples.
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Professor Claudia Diamond University of Baltimore School of Law Why outline when you can buy one? (or let me give you a cliché)
Overview • What’s the point? How do we do it? • What should one look like? • How do you use your outline effectively once you’ve created it? • Outline examples
How does it work? • 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 (ideal versus practical)
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
Do I really Have To? • I don’t know of any successful law student who does not outline course material, though some might exist. You learn the law when you outline. • First semester is probably NOT the time to see if you’re “special.” • There is no shortcut to the hard work in law school. Your outline is your pride & joy.
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) • Collect your rules and divide into elements
Outline the Rules!! Duh! • Organize your outline around concepts-not cases. Where do you get the concepts? • General statement about the law—the GROL • Break the rule into component parts and then include all the elements • Reasons supporting the rule • Exceptions to the Rule/Defenses • Other sources referred to by the professor: UCC, Restatement, FRCP, etc.
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 is long enough? • Not too long – it must be SUMMARY and SYNTHESIS of material • Not too short – it must be COMPREHENSIVE that could appear on the exam • Perhaps 40 to 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?
Next steps: Outlining the 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 CONTRACTS FORMING THE CONTRACT • APPLICABLE LAW • UCC • CL II. Offer A. Definition—subparts, illustrations, B. Definite & Certain Terms C. Missing Terms D. Termination of Offer 1. Revocation by Offeror 2. UCC revocation – Firm Offer 3. Termination by Offeree