Professor Claudia Diamond University of Baltimore School of Law.

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Presentation transcript:

Professor Claudia Diamond University of Baltimore School of Law

 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

 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)

 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

 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.

 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

 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

 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

 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.

 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

 Neatly typed  Highlights/Roman Numerals/Letters  Tabs  Charts  Roadmaps  Charts/visuals  Written-in comments and additions

 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 30 to 40 pages?

 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 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

Contracts I: I. Offer A. Definition generally-manifestation of intention to be bound 1. language 2. surrounding circumstances, prior relationships & practice of parties. 3. how communicated B. Offer needs definite and certain terms 1. real estate contracts 2. UCC-sale of goods (a) reqt’s and output K (b) missing terms II.Termination of Offer. A. Revocation by offeror B. Revocation by offeree Etc. Interpreting the K III.Performance and excuse of nonperformance (conditions, art. 2 gfd, Absolutely duty to perform discharged by impracticability, fop, imposs) IV.Breach ( when, minor/major, perfect tender rule) V.REMEDIES (non-monetary/monetary) VI.RIGHTS OF 3d Parties.

I. Required elements of every crime A.Physical Act 1. voluntary 2. not doing something as an “act.” B. Mental States (Mens Rea Reqt). 1. Specific intent 2. Malice 3. general intent 4. strictliability offenses II. Inchoate offenses A. Solicitation B. Conspiracy C. Attempt