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Organizing Material
and Outlining
Presented by
Academic & Professional Development
Joan Harrington, Devin Kinyon,
Associate Clinical Professor of Law Assistant Clinical Professor of Law
Director of APD Assistant Director, Academic Development
UPCOMING APD EVENTS
• Workshops – Fridays 12:00 - 12:55
– 9/21 Exam-Taking Strategies I
– 10/12 Exam Taking Strategies II
– 11/2 Professors on Exams
• Bar Fair Week
– September 24th to 27th
All sessions are filmed and posted online at law.scu.edu/apd.
Organizing Material and Outlining Presented by
Academic & Professional Development
PRACTICE EXAM SESSIONS
• APD will host a series of practice exams on
Saturdays, starting in mid-October and continuing through the beginning of November.
• Taking practice exams is an exercise that helps train you for your actual exams in December.
• When the schedule is published, put all the dates in your calendar. Our data shows that students who take more practice exams, do better on their actual exams.
• Don’t hide behind “I’m not ready.”
Organizing Material and Outlining Presented by
Academic & Professional Development
WHAT ARE THE GOALS FOR THIS SESSION? I. Understand the importance of outlining in law
school II. Learn how to approach outlining
Organizing Material and Outlining Presented by
Academic & Professional Development
WHY OUTLINE?
1) Understand the law
2) Memorize the law
Distills information- less to memorize
Creates structure- easier to memorize
LLWAEHTEIVO
ILOVETHELAW
3) Provide tool for answering exam questions
Organizing Material and Outlining Presented by
Academic & Professional Development
WHEN SHOULD YOU OUTLINE?
• Continuously: Collect raw materials
• Periodically: Outline topics as soon as they have
been completed
• All outlining for a course should be finished by 2
days prior to the exam at the latest – Use the last 2 days for memorizing and
practicing
Organizing Material and Outlining Presented by
Academic & Professional Development
WHAT IS THE PROCESS OF OUTLINING?
• Collect all course material
• Prepare and refine a “Course Outline”
• Condense the Course Outline to an “Exam
Approach Outline” (1-3 pages)
Organizing Material and Outlining Presented by
Academic & Professional Development
COLLECTING MATERIAL
• Amass all information learned in the course in an
organized fashion
• What’s included:
Discussion of cases Rules of Law History of Law Policy arguments Professor’s hypos Professor’s tips
Class notes
Case briefs, notes
Supp. materials
Your questions
& comments
COLLECTING MATERIAL
Organize materials so that you can immediately find
the raw materials for each topic.
Manila folders
3-Ring binder
Microsoft Word document
Microsoft OneNote
Organizing Material and Outlining Presented by
Academic & Professional Development
BRIEF WORD ABOUT SUPPLEMENTS Primers: Elementary explanation covering basics of subject area. Helpful for a straightforward explanation of an area of law. May be simplistic. Examples and Explanations Nutshell Series
Hornbooks or Treatises: Books covering in detail the principles of a body
of law. Often helpful to review for context before reading cases.
Get suggestions from your professors
Commercial Outlines: Helpful for organization and rules. May be
incorrect.
Gilberts
Emanuels and Crunchtime
Organizing Material and Outlining Presented by
Academic & Professional Development
COURSE OUTLINE
Purpose: To distill and synthesize all course materials into clear and concise statements organized in a way that mirrors how you will use the information on your exam
Issue Rule Analysis
Organizing Material and Outlining Presented by
Academic & Professional Development
HOW TO FIND THE ISSUES
Three ways to identify the issues to begin framing your outline: • Syllabus • Syllabus + Table of Contents • Supplemental Source + Table of Contents
Organizing Material and Outlining Presented by
Academic & Professional Development
Use a supplemental source, such as a commercial outline, along
with the table of contents from your book, to build your own frame.
(In addition to providing you with a basic structure for your outline,
you will also build your own sense of how the seemingly discrete
pieces of your course fit together.)
SAMPLE FRAME FOR STRICT LIABIILTY IN TORTS
I. INTENTIONAL TORTS II. NEGLIGENCE III. STRICT LIABILITY
a. ABNORMALLY DANGEROUS ACTIVITY
b. CAUSATION c. DAMAGES d. DEFENSES
IV. PRODUCTS LIABILITY
THE RULES
• Finding the basic rules
• “Deconstructing” or breaking down rules
• Rule elaboration
Organizing Material and Outlining Presented by
Academic & Professional Development
FINDING THE BASIC RULES
Law comes from multiple sources: 1. Texts of constitutions, statutes, regulations (and
cases that interpret them)
2. Common law (judge announced law via opinions)
Compare: Model rules, Restatements,
hornbook texts
Organizing Material and Outlining Presented by
Academic & Professional Development
RULE STATEMENTS For every issue, find the rule(s) from each of the
sources you have identified
Create a concise rule statement, that may be memorized and used on an exam
“If this rule came up on an exam question, what should I write and why?”
Organizing Material and Outlining Presented by
Academic & Professional Development
RULE ELABORATION • Do you know all of the elements, factors, etc
related to the rule? • Do you understand how cases have further
explained the meaning of the rule? • Do you understand how cases illuminate the
application of the rule? • Capturing cases in your outline
• Do you know the rationale behind the rule so you will be able to discuss how and why the rule might be applied in a different fact pattern?
Organizing Material and Outlining Presented by
Academic & Professional Development
EXAM ANALYSIS
What is analysis on law school exams?
Apply rule to relevant facts (weave law and
facts – “because…”)
Analogize and distinguish cases where
appropriate
Discuss rule rationale/policy where
appropriate
Organizing Material and Outlining Presented by
Academic & Professional Development
IDENTIFYING THE RULE FOR STRICT LIABILITY
ABNORMALLY DANGEROUS ACTIVITY
From Nicolai v. Day, we got this Restatement rule:
a) Whether the activity involves a high degree of risk of some harm
to the person, land or chattels or others;
b) Whether the gravity of the harm which may result from it is likely
to be great;
c) Whether the risk cannot be eliminated by the exercise of
reasonable care;
d) Whether the activity is not a matter of common usage;
e) Whether the activity is inappropriate to the place where it is
carried on; and
f) The value of the activity to the community.
Organizing Material and Outlining Presented by
Academic & Professional Development
OUTLINING PRACTICE
Sheet A provides the basic skeleton of a Strict Liability/Abnormally
Dangerous Activity outline.
Sheet B includes a number of the components that you would use to
fill out that skeleton outline (including the Restatement rule.)
Working in small groups, figure out where the pieces on Sheet B
belong on Sheet A. Write the associated item letter (item “B”) in
the correct space, and make note of why you think it belongs
there.
Multiple items may go under one of the headings in the skeleton;
make sure your order of them has some logical sense.
Organizing Material and Outlining Presented by
Academic & Professional Development
COMMON OUTLINING QUESTIONS
• My structure is a little bit different.
• Where do I list all of the cases? -OR- Where do I
put all my briefs?
• How do I know if I’m doing it right?
• This is so much work, can’t I just use someone
else’s outline?
• Is there a different way to do this if I have a
different learning style?
Organizing Material and Outlining Presented by
Academic & Professional Development
WHAT NOW?
• Assemble course material daily or weekly
• Outline after each unit
• Test your course outline by doing practice
problems
• Add to Exam Approach outline after each unit
• Consider graphic organizing as an outlining tool
Organizing Material and Outlining Presented by
Academic & Professional Development
Professors Harrington and Kinyon
Academic & Professional Development
230 Bannan Hall
http://law.scu.edu/apd/
Appointments: Sign-up online or [email protected].
Organizing Material and Outlining Presented by
Academic & Professional Development
GRAPHIC ORGANIZERS
1. Hierarchy Charts 2. Flow Charts 3. Comparison Charts 4. Mind Maps 5. Timelines 6. Venn Diagrams 7. Pictograms
Organizing Material and Outlining Presented by
Academic & Professional Development
CONTRACT DEFENSES
DECEPTION
MISTAKES TO A BASIC
ASSUMP- TION
DURESS UNDUE
INFLUENCE
UNCON- SCION- ABILITY
ILLEGALITY INCAPACITY STATUTE
OF FRAUDS
Does the claim allege a Fed.
Q? Is the area
pre-empted by Fed. Law?
The claim IS Federal & may be
brought in or removed to Fed. Ct.
Is the Fed. Q. a defense?
Is the Fed. Q. substantial?
Claim does NOT create Fed. Q. jx.
No
Yes
No
Yes
No
No
Yes
Start Here
Adapted from Michael Hunter Schwartz, Expert Learning, and Greg Sergienko. Not to be used for substantive accuracy.
CIVIL PROCEDURE – FEDERAL QUESTION
COMPARISON CHARTS
Case Name Facts Knowingly
State v. Smith (Ohio Ct App. 1973)
Two unarmed teenagers entered the home of one of the their friends.
Yes. Knew it was dwelling of another; they knew it was the friend’s house.
State v. Jones (Ohio S.Ct. 1985)
Armed men entered vacation home of their acquaintances.
Yes. Knew it was dwelling of another; they knew home belonged to acquaintances and often stayed there for long periods of time.
State v. Green (Ohio Ct. App. 2000)
Unarmed man entered home; did not know whose home it was.
No. Did not know it was dwelling of another; he thought it was abandoned (no one appeared to have lived there for 8 months)
BURGLARY – ELEMENT OF ENTERS
“KNOWINGLY”
YES --- “knowingly” NO ----“knowingly”
Two unarmed teenagers entered home of friend – knew it was his home. State v. Smith (Ohio Ct App 1973)
Unarmed man entered home; did not know whose home it was. Thought it was abandoned (no one appeared to have lived there for 8 months). State v. Green (Ohio Ct. App. 2000)
Armed men entered vacation home of their acquaintances. Knew home belonged to acquaintances and often stayed there for long periods of time. State v. Jones (Ohio S.Ct. 1985)
MIND MAP
Definition of
Burglary
Breaking
Entering
Dwelling House
Of Another
Intent
Nighttime
W/any part of body
W/tool, if used
for crime
Includes “curtilage”
Between sunrise &
sunset
Insufficient Light to discern
face
Adapted from Michael Hunter Schwartz, Expert Learning. Not to be used for substantive accuracy.
TIMELINES AND VENN DIAGRAMS
Timelines
Showing historical progression of cases
Mapping decisions by particular justices.
Venn diagrams
PICTOGRAM
Federal Diversity Jurisdiction
Parties are diverse
Amount in controversy
exceeds $75K
Federal Ct. has
jurisdiction
Not to be used for substantive accuracy.
PICTOGRAM
Strength of party’s claim
Preliminary Injunction: Balancing Factors
Not to be used for substantive accuracy.
TOOL FOR CREATING GRAPHIC ORGANIZERS
Inspiration
OmniGraffle
Powerpoint
FreeMind (free)
VUE (free)
Cmap Tools (free)
PEN & PAPER
Organizing Material and Outlining Presented by
Academic & Professional Development
TEST DRIVE YOUR OUTLINE AND GRAPHIC
ORGANIZERS Level 1: Examples and Explanations; Cali Lessons Level 2: Lexis Nexis Question and Answer Series; Siegel’s Series by Aspen ; Sum and Substance Quick Review Level 3: Practice Exams – APD practice exams; your professors; Claranet; California Bar Exam questions
Organizing Material and Outlining Presented by
Academic & Professional Development
Please do not use this presentation for learning substantive law. It is intended to be used for the skill of organizing material only. Material adapted from a variety of sources including: Calleros, Law School Exams - Preparing and Writing to Win Hunter- Schwartz, Expert Learning for Law Students Darrow-Kleinhaus, Mastering the Law School Exam Stropus and Taylor, Bridging the Gap Between College and Law School Iijima, The Law Student’s Pocket Mentor – From Surviving to Thriving Course Materials from Professor Nancy Wright Powerpoint of Professor Al Hammond
Organizing Material and Outlining Presented by
Academic & Professional Development
Professors Harrington and Kinyon
Academic & Professional Development
230 Bannan Hall
http://law.scu.edu/apd/
Appointments: Sign-up online or [email protected].
Organizing Material and Outlining Presented by
Academic & Professional Development