Creating Good OutlinesCreating Good Outlines

Professor Michael SeigelProfessor Michael Seigel

University of FloridaUniversity of Florida

Levin College of LawLevin College of Law

OverviewOverview

ProcessProcessEnd ProductEnd ProductUseUseExampleExample

ProcessProcess

Read for classRead for classBrief/Highlight cases and materialsBrief/Highlight cases and materialsAttend class and take MEANINGFUL Attend class and take MEANINGFUL

notesnotesReview and annotate notes at end of Review and annotate notes at end of

day before reading for next classday before reading for next classWeekly: work on OUTLINEWeekly: work on OUTLINE

Why Outline?Why Outline?

Although we all learn differently, most of us Although we all learn differently, most of us benefit from collecting and organizing benefit from collecting and organizing material into written formmaterial into written form

The process of outlining is as important as The process of outlining is as important as the actual end result, if not more so – FOR the actual end result, if not more so – FOR THIS REASON, DO NOT RELY SIMPLY ON THIS REASON, DO NOT RELY SIMPLY ON READING COMMERCIAL, LAW REVIEW, OR READING COMMERCIAL, LAW REVIEW, OR OTHER THIRD PARTY OUTLINESOTHER THIRD PARTY OUTLINES

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

Do I Have To?Do I Have To?

I don’t know of any successful law I don’t know of any successful law student who does not outline course student who does not outline course material, though some might exist.material, though some might exist.

First semester is probably NOT the First semester is probably NOT the time to see if you’re “special.”time to see if you’re “special.”

There is no shortcut to the hard work There is no shortcut to the hard work in law school.in law school.

Getting StartedGetting Started

Organization of OutlineOrganization of OutlineMight be obvious from notesMight be obvious from notesCould use book’s table of contents for Could use book’s table of contents for

guideguideIf course is rule or statute based, these If course is rule or statute based, these

might be source of organizationmight be source of organizationCould look to third party outline as a Could look to third party outline as a

guideguide

ContentContentTo start, black letter law that you will To start, black letter law that you will

use to spot and analyze issues on the use to spot and analyze issues on the examexam

You must know BLL cold before walking You must know BLL cold before walking into the classroom for the examinto the classroom for the exam

Clearly note areas of gray and Clearly note areas of gray and arguments either wayarguments either way

Make sure you conform to professor’s Make sure you conform to professor’s way of conceptualizing the lawway of conceptualizing the law

Level of DetailLevel of Detail

Outline should be precise, and written to Outline should be precise, and written to the level of detail matching coursethe level of detail matching course

Unless Professor tells you otherwiseUnless Professor tells you otherwise, , case names and facts are not super case names and facts are not super important; it is the HOLDINGS you are important; it is the HOLDINGS you are weaving into a series of RULES and weaving into a series of RULES and EXCEPTIONSEXCEPTIONS

Include reminders about tricky issues Include reminders about tricky issues that might pop upthat might pop up

Specify places where law is not clear Specify places where law is not clear (opportunities to argue both sides)(opportunities to argue both sides)

Level of Detail, Con’tLevel of Detail, Con’t

Write down “key language” from the Write down “key language” from the casescases

Write down the important “X-Part tests”Write down the important “X-Part tests” Include the law from the various Include the law from the various

jurisdictions studied, given professor’s jurisdictions studied, given professor’s preferencespreferences

Include “key language” and “key Include “key language” and “key concepts” from class discussionconcepts” from class discussion

What should it look like?What should it look like?

Neatly typedNeatly typedHighlightsHighlightsTabsTabsChartsChartsRoadmapsRoadmapsWritten-in comments and additionsWritten-in comments and additions

How Long?How Long?

Not too long – it must be SUMMARY Not too long – it must be SUMMARY and SYNTHESIS of materialand SYNTHESIS of material

Not too short – it must be Not too short – it must be COMPREHENSIVE of BLL that could COMPREHENSIVE of BLL that could appear on the examappear on the exam

Perhaps 40-50 pages??Perhaps 40-50 pages??

How do I know if it’s Good?How do I know if it’s Good?

Study group: are discussion issues Study group: are discussion issues covered by your outline?covered by your outline?

Practice tests – was the outline Practice tests – was the outline helpful? helpful?

Practice tests – does the outline lead Practice tests – does the outline lead to correct answers?to correct answers?

Practice tests – does the outline help Practice tests – does the outline help issue-spotting?issue-spotting?

Outline of OutlineOutline of Outline

Next step: CONDENSE your outline Next step: CONDENSE your outline into a “mini-outline” or even a into a “mini-outline” or even a “checklist” of important issues“checklist” of important issues

This becomes your reference for This becomes your reference for spotting issues on the examspotting issues on the exam

Suggestion: FOR CLOSED BOOK Suggestion: FOR CLOSED BOOK exam, memorize checklist and write exam, memorize checklist and write it down BEFORE READING it down BEFORE READING QUESTIONSQUESTIONS

Example from Criminal LawExample from Criminal Law

Actus reus – voluntary action required Actus reus – voluntary action required before there can be crime, CL & MPC § before there can be crime, CL & MPC § 2.01(1)2.01(1)Is a material element of the crime, CL & Is a material element of the crime, CL &

MPC §§ 1.13(9)(i) and 1.13(10)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 habitsConscious bodily movement, including habitsDoes not include:Does not include:

Reflex or convulsion (e.g. seizure)Reflex or convulsion (e.g. seizure)Movement during unconsciousness or sleepMovement during unconsciousness or sleep

Sample Outline, con’tSample Outline, con’t

Which voluntary action counts?Which voluntary action counts?Move back in time, can always find vol actionMove back in time, can always find vol actionTEST:TEST:

Must coincide with mens reaMust coincide with mens rea Is the action morally wrong?Is the action morally wrong? Is the action the one the legislature was trying Is the action the one the legislature was trying

to deter?to deter?

OmissionsOmissionsRule: Generally, failure to act is not a crime; not Rule: Generally, failure to act is not a crime; not

required to be Good Samaritanrequired to be Good Samaritan

Sample Outline, con’tSample Outline, con’t

Why? Why? Americans like freedomAmericans like freedomLine-drawing problemLine-drawing problemDon’t want to discourage GS-ism by putting Don’t want to discourage GS-ism by putting

burden on folks for “not doing enough”burden on folks for “not doing enough”ExceptionsExceptions

Contractual relationship (babysitter)Contractual relationship (babysitter)Etc.Etc.Etc.Etc.Etc.Etc.

QUESTIONS?QUESTIONS?