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Creating Good Outlines

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

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Creating Good Outlines

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  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 roadmap through the material, either to help memorize for closed-book exam or for use during open-book exam

  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 • Could look to third party outline as a guide

  7. 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

  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 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. 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??

  10. How do I know if it’s Good? • Study group: are discussion issues covered by your outline? • Practice tests – was outline helpful?

  11. 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

  12. 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.

  13. 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)

  14. QUESTIONS?

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