On Making Outlines for Law School

On Making Outlines for Law School The purposes of an outline: •To organize the subject matter of a course •To summarize the material covered in a course •To assist you while taking an open book exam However… The outline itself Is not as important as The process of outlining Think of it this way… You can show up at the starting line of a race with a suitcase fully packed with the shoes, shorts and everything else that you will need for the race i.e., a thorough, elaborate outline Or you can show up with everything you need ready to go i.e., a thorough elaborate outline internalized Some students make the mistake of thinking that the point of outlining is to produce a well-crafted document as intricate, all inclusive and fancy as their software can produce But in fact, what is really important is understanding the material … the process of getting the material inside you Good outlining is best likened to a process of digesting the material As much as you possibly can Question: Should you rely on a commercial outline or an outline that someone else (who is, no doubt, very smart) has prepared? Socratic Answer: Would you like someone else to chew your food for you? Even if they appear to have really good teeth? Outlining -- Some Practical Advice: Making the Long Outline Your first outline for a subject is usually the longest, consolidating your (1) case briefs, (2) class notes and (3) secondary material There are some places to start in creating a framework for your long outline: •Your syllabus; or •The Table of Contents of your casebook •(These two are the best. You can also try:) •Something you or your study group devised; or •Some framework offered by an alien source like a commercial outline or the bygone outline of some 2L or 3L The Long Outline, con’d PART II. FAULT-BASED LIABILITY -- PHYSICAL HARMS I recommend first trying the casebook’s Topic A. Direct Intentional Wrongs table of contents if it looks like it will work CHAPTER 3. Establishing a Claim for Intentional Tort well as a structure. Sec.1. Battery For instance, here is a. Requiring Fault Van Camp v. McAfoos part of a TOC from a Notes casebook: At a glance you can see the relevant topics, the rules for which the cases are authority and the overarching concepts for the section. b. Elements of Battery Snyder v. Turk Cohen v. Smith Leichtman v. WLW Jacor Comm. Inc. c. Intent Garratt v. Dailey Hall v. McBryde Polmatier v. Russ White v. Muniz Sec. 2 Assault Cullison v. Medley It practically outlines itself! • • • • PART II. FAULT-BASED LIABILITY -- PHYSICAL HARMS Topic A. Direct Intentional Wrongs CHAPTER 3. Claims for Intentional Tort Sec.1. Battery … • b. Elements of Battery Intentional Unconsented-to Harmful or offensive Contact • Snyder v. Turk Surgeon pushes operating nurse’s face to patient’s surgical opening “Contact which is offensive to a reasonable sense of personal dignity is sufficient for battery” Additional notes from class lecture Restatement sec. 13 • • • • PART II. FAULT-BASED LIABILITY -- PHYSICAL HARMS Topic A. Direct Intentional Wrongs CHAPTER 3. Claims for Intentional Tort Sec.1. Battery … • b. Elements of Battery – Harmful or offensive • Leichtman v. WLW Jacor Communications, Inc. Radio host deliberately blows cigar smoke into anti-smoking advocates face during the show Offensive includes outrage to sensibilities or affronting insultingness One who is present and encourages commission of battery by words can be equally liable as a principal An employer is not legally responsible for the intentional torts of its employees that do not facilitate or promote its business BATTERY Elements Contact Intentional No consent Harmful or offensive Snyder v. Turk Leichtman v. WLW Who is Liable One present and encouraging. Leichtman Not employers unless employee is facilitating or promoting employer’s business. Leichtman The Midi-Outline Once you have consolidated your notes and other materials into the long outline it is time to make a smaller outline, 1/2 to 1/4 the size of the long outline, compressing the points. As you make the midi-outline, you are teaching yourself the structure of the course, the ambit of the statutes, the kinds of legal situations that may arise and sound in the area of law of the course. You should write the midi-outline fresh. Now is the time that you are really starting to digest and internalize the material. Do not make it using cutting and pasting! Question: Why not use cutting and pasting to make your shorter outlines? Socratic Answer: If one bowl of spaghetti will feed you for one day, can you eat for a week using one bowl of spaghetti and 6 photos of the bowl of spaghetti? Techniques Useful in Outlining 1. Diagrams, decision trees and flowcharts. These are especially helpful when you are working with statutes. Mens rea Actus reus Crime 2. Mnemonics. Acronyms or phrases that help you remember the elements of a legal action 3. Prepared statements of a rule: summarize the rule as you would on an exam, e.g.,”A battery is an act intended to cause and resulting in a harmful or offensive contact.” See Snyder v. Turk. 4. Use signals to give authority for rules (just as you see in red, above) 5. Know the case stories. Go through the names of the cases and see if you can remember the story of the case (e.g., “The case where the court had to decide whether the man dropping the fireworks was the proximate cause of the lady’s injury by the scales.”) Put a short reminder after the case so you could tell the story verbally. This helps you remember the rules of the cases. Keep Working the Material •Make a three page outline. • Make a one-page outline. •Make a 100 word outline •Make a chart of some discrete aspects of the subject. •Put marginal notes in the Midi-outline •Use flash cards •Use the outline to answer some sample questions •Diagram something •Compare your outline with others and borrow any additional good ideas Flowcharts and Graphs Battery Intentional No consent Contact Garratt Offensive Harmful Hall Snyder Transferred Intent Cohen Leightman FAQs Should I use commercial outlines? Only after or in connection with making your own. Talking with study partners can be very helpful but in first year you should do all of your own outlining For the long outline, any word processor. For the midi and other outlines: pen and paper. Perhaps some colored pencils Should I outline with a group? What is the best software for outlining? What are the best methods of outlining? The ones that you have found to match your style of learning Should I tab my outline for use in the exam? If you want, but the most important thing is to have the material in your head As one professor once told me: “When you hear pages flipping in the exam, that’s the C.” PROCESS NOT PRODUCT! The end. Thank you for coming!