1. Outlining for Exams: Many Methods, One Goal Prof. Carol B. Swanson

2. ASP Workshop #2  Outlining for Exams: Many Methods, One Goal Thursday, September 13, 11:30-12:30 (Room 101) Sunday, September 16, 11:40-12:40 (Room 101)  Outlines are critical to successful exam preparation. This ASP Workshop explores the outlining process from start to finish in the Contracts I context. If you are uncertain how to transform case briefs and class notes into winning outlines, this session is for you! 2

3. Today’s Workshop…  Understand how outlining is a process, not a result;  Understand the use of diverse outlining techniques, including graphs, visual aids, flip cards, and the traditional alpha-numeric outline  Appreciate the overall outlining process and its pitfalls, including tips based on recent cognitive research  ALL IN THE CONTEXT of your Knapp Crystal casebook in CONTRACTS I!

4. ASP Workshop #3  Managing Law School Stress (and Finding Peace and Purpose)  Professor Mary Szto Saturday, September 29: 4:30 p.m. - 5:45 p.m. (Room 101) Tuesday, October 2: 11:20 a.m. - 12:40 p.m. (Room 101)

5. Confused? Anxious?

6. Are you up-to-date with your class assignments? 1. Yes—completely. 2. Yes, for the most part. 3. No, I have started to fall behind. 4. HELP!

7. Do you have a comfortable understanding of your course materials? 1. Yes—completely. 2. Yes, for the most part (especially after class). 3. No, I am having difficulty putting the pieces together. 4. HELP!

8. Have you contacted your professor regarding your substantive concerns? 1. No, because I have no substantive concerns. 2. No, but I have gone to at least one SSG session. 3. No, but I have talked with my tutor about my concerns. 4. Yes.

9. So what’s an OUTLINE? It’s all about EXAM PREPARATION!

10. Have you ever created a full course outline? 1. Yes. 2. No.

11. Have you already started to rough out an outline (in at least one class)? 1. Yes. 2. No.

12. Do you plan to create an outline for every doctrinal course? 1. Yes. 2. No.

13. Let’s consider what an OUTLINE Is NOT… Let’s consider what an OUTLINE Is NOT… It’s not a summation of your case briefs. It’s not a simple compilation of your notes.

14. WHAT ABOUT COMMERCIAL OUTLINES? Coverage Is Different Information Overload Your Own Outline Is Superior Other Sources are FREE An effective outline is NOT something that someone else does for you.

15. Outlining is more about the PROCESS than the OUTCOME.  Like case briefing, outlining is a process.  Outlining is something you do, not something you have.  Your GOALS are to: Conceptualize the doctrines and improve your understanding of how the pieces fit together; & Create a comfortable structure (model) that allows you to analyze diverse fact patterns.

16. Comfort = Speed

17. So Where Does Outlining Fit? Case Briefs + Other Notes in Casebook Structure Before Class Refine Notes While in Class Further Refinement at Least Weekly Outside of Class COURSE OUTLINE! Executive Summary

18. Ready for CLASS Ready for THE EXAM Mastering Critical Thinking Mastering Critical Thinking

19. OUTLINING is all about ORGANIZATION  The act of outlining forces you to confront whether you actually understand the materials and how they interrelate.  The act of outlining will help imprint the materials, improving your recall later.  This organization should facilitate your ability to apply concepts to new fact patterns on an exam.

20. OUTLINING Methods  Outlining is personal; your learning style will determine what methods work best for you.  “Old School” Outline: Roman Numerals, front to back narrative.  Graphic Models: Flow Charts, Diagrams, Decision Trees  Bit by Bit: FLASH Cards  Some combination of the above?

21. What approach works best for you? 1. Boring, traditional outline approach. 2. Graphic displays, like charts. 3. Short ‘n sweet— like flash cards. 4. Combo platter!

22. Focus on Knapp Crystal Casebook 1. An Introduction to the Study of Contract Law 2. The Basis of Contractual Obligation: Mutual Assent and Consideration 3. Liability in the Absence of Bargained-For Exchange: Promissory Estoppel and Restitution 4. The Statute of Frauds 5. The Meaning of the Agreement: Principles of Interpretation and the Parol Evidence Rule

23. Material Covered So Far… 1. Intro to Contract Law a) Sources b) Contract Theory Perspectives 2. Basis of K Obligation: a) Mutual Assent  Objective Theory  Offer/Acceptance in Bilateral, Unilateral  Postponed Bargaining b) Consideration (Defined & Applied) c) K Formation Under Article 2  Mutual Asent, Firm Offer, Qualified Acceptance (“Battle of the Forms”) d) Electronic and “Layered” Contracting

24. Chapter 2: The Basis of Contractual Obligation A. Mutual Assent 1. Intention to Be Bound: The Objective Theory of Contract  Ray v. William G. Eurice & Bros., Inc. 2. Offer and Acceptance in Bilateral Contracts  Lonergan v. Scolnick  Izadi v. Machado (Gus) Ford, Inc.  Normile v. Miller 3. Offer and Acceptance in Unilateral Contracts  Petterson v. Pattberg  Cook v. Coldwell Banker/Frank Laiben Realty Co. 4. Postponed Bargaining: The “Agreement to Agree”  Walker v. Keith  Quake Construction, Inc. v. American Airlines, Inc.

25. Outlining Chapter 2: Do NOT Make This Mistake! A. Mutual Assent 1. Intention to Be Bound: The Objective Theory of Contract  Ray v. William G. Eurice & Bros., Inc. 2. Offer and Acceptance in Bilateral Contracts  Lonergan v. Scolnick  Izadi v. Machado (Gus) Ford, Inc.  Normile v. Miller 3. Offer and Acceptance in Unilateral Contracts  Petterson v. Pattberg  Cook v. Coldwell Banker/Frank Laiben Realty Co. 4. Postponed Bargaining: The “Agreement to Agree”  Walker v. Keith  Quake Construction, Inc. v. American Airlines, Inc.

26. Outlining Chapter 2: Focus on the CONCEPTS, not the Cases A. Mutual Assent 1. Intention to Be Bound: The Objective Theory of Contract  WHAT is the theory? Define it.  Meeting of the minds? 2. Offer and Acceptance in Unilateral & Bilateral Contracts  DEFINE Unilateral, Bilateral—and why does the difference matter?  DEFINE Offer, Acceptance, Rejection, Revocation, Counteroffer, etc. WHEN effective? 3. Postponed Bargaining: The “Agreement to Agree”  What is the problem, and the standards for analysis? What are the standards for MUTUAL ASSENT under UCC Article 2?

27. Simplify & Reduce: Workable, Tight Executive Summary (3-10 pp)

28. FOREST vs. TREES Case What Constitutes Mutual Assent? Case

29. But what if I just don’t get it?

30. Open-Door Policy

31. One–on-one Tutoring Structured Study Groups Workshops

32. Start outlining today

33. SERIOUSLY, Start outlining NOW!

34. Good Luck! Enjoy Your Fall Semester! Questions or concerns? Feel free to contact me… Carol Swanson cswanson@hamline.edu 651.523.2138