Creating Good Outlines Professor Michael Seigel University of Florida Levin College of Law

Overview Process Process End Product End Product Use Use Example Example

Process Read for class Read for class Brief/Highlight cases and materials Brief/Highlight cases and materials Attend class and take MEANINGFUL notes Attend class and take MEANINGFUL notes Review and annotate notes at end of day before reading for next class Review and annotate notes at end of day before reading for next class Weekly: work on OUTLINE Weekly: work on OUTLINE

Why Outline? Although we all learn differently, most of us benefit from collecting and organizing material into written form 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 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 The outline becomes roadmap through the material, either to help memorize for closed- book exam or for use during open-book exam

Do I Have To? I don’t know of any successful law student who does not outline course material, though some might exist. 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.” First semester is probably NOT the time to see if you’re “special.” There is no shortcut to the hard work in law school. There is no shortcut to the hard work in law school.

Getting Started Organization of Outline Organization of Outline Might be obvious from notes Might be obvious from notes Could use book’s table of contents for guide Could use book’s table of contents for guide Could look to third party outline as a guide Could look to third party outline as a guide

Content Essentially, BLACK LETTER LAW that you will use to spot and analyze issues on the exam 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 You must know BLL cold before walking into classroom Make sure you conform to professor’s way of conceptualizing the law 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 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 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 Include reminders about tricky issues that might pop up Specify places where law is not clear (opportunities to argue both sides) Specify places where law is not clear (opportunities to argue both sides)

How Long? Not too long – it must be SUMMARY and SYNTHESIS of material 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 Not too short – it must be COMPREHENSIVE of BLL that could appear on the exam Perhaps pages?? Perhaps pages??

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

Outline of Outline Next step: CONDENSE your outline into a “mini-outline” or even a “checklist” of important issues 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 This becomes your reference for spotting issues on the exam Suggestion: FOR CLOSED BOOK exam, memorize checklist and write it down BEFORE READING QUESTIONS Suggestion: FOR CLOSED BOOK exam, memorize checklist and write it down BEFORE READING QUESTIONS

Example from Torts Example from Torts Negligent Infliction of Emotional Distress Negligent Infliction of Emotional Distress Plaintiff must first show that Δ acted negligently, then must prove either: Plaintiff must first show that Δ acted negligently, then must prove either: Pain and suffering accompanying physical injury. Pain and suffering accompanying physical injury. Physical impact. Physical impact. Zone of danger (near miss). Zone of danger (near miss). Δ may have a duty to those where it is highly foreseeable that the Π is emotionally vulnerable. Δ may have a duty to those where it is highly foreseeable that the Π is emotionally vulnerable.

Rationales for Restrictive Rule (still alive though majority have been more liberal) Rationales for Restrictive Rule (still alive though majority have been more liberal) 1. Uncertain causation (low foreseeability) 1. Uncertain causation (low foreseeability) 2. Consensus of lawyers 2. Consensus of lawyers 3. Public Policy concerns (fraud/opening the floodgates to unlimited liability) 3. Public Policy concerns (fraud/opening the floodgates to unlimited liability) 4. Notice to defendants (prevent state claims) 4. Notice to defendants (prevent state claims)

QUESTIONS?