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

2. Overview Process Process End Product End Product Use Use Example Example

3. 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

4. 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 your roadmap through the material, either to help you memorize for closed- book exams or for use during open-book exams The outline becomes your roadmap through the material, either to help you memorize for closed- book exams or for use during open-book exams

5. 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.

6. 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 If course is rule or statute based, these might be source of organization If course is rule or statute based, these might be source of organization Could look to third party outline as a guide Could look to third party outline as a guide

7. Content To start, black letter law that you will use to spot and analyze issues on the exam 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 You must know BLL cold before walking into the classroom for the exam Clearly note areas of gray and arguments either way Clearly note areas of gray and arguments either way Make sure you conform to professor’s way of conceptualizing the law 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 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 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 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)

9. Level of Detail, Con’t Write down “key language” from the cases Write down “key language” from the cases Write down the important “X-Part tests” Write down the important “X-Part tests” Include the law from the various jurisdictions studied, given professor’s preferences Include the law from the various jurisdictions studied, given professor’s preferences Include “key language” and “key concepts” from class discussion Include “key language” and “key concepts” from class discussion

10. What should it look like? Neatly typed Neatly typed Highlights Highlights Tabs Tabs Charts Charts Roadmaps Roadmaps Written-in comments and additions Written-in comments and additions

11. 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 40-50 pages?? Perhaps 40-50 pages??

12. 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 the outline helpful? Practice tests – was the outline helpful? Practice tests – does the outline lead to correct answers? Practice tests – does the outline lead to correct answers? Practice tests – does the outline help issue-spotting? Practice tests – does the outline help issue-spotting?

13. 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

14. Example from Criminal Law Example from Criminal Law Actus reus – voluntary action required before there can be crime, CL & MPC § 2.01(1) Actus reus – voluntary action required before there can be crime, CL & MPC § 2.01(1) Is a material element of the crime, CL & MPC §§ 1.13(9)(i) and 1.13(10) Is a material element of the crime, CL & MPC §§ 1.13(9)(i) and 1.13(10) Def of Voluntary, CL & MPC § 2.01(2): Def of Voluntary, CL & MPC § 2.01(2): Conscious bodily movement, including habits Conscious bodily movement, including habits Does not include: Does not include: Reflex or convulsion (e.g. seizure) Reflex or convulsion (e.g. seizure) Movement during unconsciousness or sleep Movement during unconsciousness or sleep

15. Sample Outline, con’t Which voluntary action counts? Which voluntary action counts? Move back in time, can always find vol action Move back in time, can always find vol action TEST: TEST: Must coincide with mens rea Must coincide with mens rea Is the action morally wrong? Is the action morally wrong? Is the action the one the legislature was trying to deter? Is the action the one the legislature was trying to deter? Omissions Omissions Rule: Generally, failure to act is not a crime; not required to be Good Samaritan Rule: Generally, failure to act is not a crime; not required to be Good Samaritan

16. Sample Outline, con’t Why? Why? Americans like freedom Americans like freedom Line-drawing problem Line-drawing problem Don’t want to discourage GS-ism by putting burden on folks for “not doing enough” Don’t want to discourage GS-ism by putting burden on folks for “not doing enough” Exceptions Exceptions Contractual relationship (babysitter) Contractual relationship (babysitter) Etc. Etc.

17. QUESTIONS?