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8/2/2019 Outlining Course Materials 2010
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ORGANIZING COURSE
MATERIALS
CREATING OUTLINES, COURSE
SUMMARIES, FLOW CHARTS ORWHATEVER WORKS FOR YOU
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OUTLINING GOALS
TO RECORD IN AN ORGANIZED WAY WHATYOULL NEED TO KNOW FOR EXAMS
TO FACILITATE STUDYING Re-reading and writing are good for memory
TO CHECK FOR COMPREHENSION
TO FINISH OUTLINING IN TIME TO USE YOUROUTLINE TO WRITE PRACTICE EXAMS
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REASONS NOTTO CREATE YOUR OWN
OUTLINE
I HAVE NO TIME TO GET CLASS WORK DONE-ICERTAINLY HAVE NO TIME TO OUTLINE
IM TOO STRESSED TO BEGIN OUTLINING
AN UPPERCLASS STUDENT WHO GOT AN AALREADY GAVE ME A GREAT OUTLINE
SOMEONE TOLD ME AN EMANUELS OUTLINE WASJUST AS GOOD AS ANYTHING I COULD DO
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REASONS WHY YOU SHOULDNT BE
PERSUADED BY THE PREVIOUS SLIDE
TIME MANAGEMENT IS A CRUCIAL LAWYERSTOOL. BEGIN NOW TO MANAGE YOUR TIMEEFFECTIVELYFIND TIME TO OUTLINE
OUTLINING GIVES YOU CONTROL OVER THECOURSE MATERIAL, THEREBY RELIEVING ANXIETYAND STRESS
THE UPPERCLASS STUDENT GOT ANA BECAUSEHE/SHE CREATED THE OUTLINE
THE EMANUEL OUTLINE IS GOOD ONLY IF YOURPROFESSORS NAME IS EMANUEL.
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OK Ill Outline, But Isnt It Too Early?
No, beginning your outline now willinfluence how you read cases and takeclass notes.
Read with your outline in mind
Think about how the case fits into the
broader picture;Note the important rules;
Make flashcards as you outline
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WHAT DOES AN OUTLINE LOOK LIKE?
It can look like this:
I. Negligence A. Duty
B. Breach of Duty
C. Causation 1. actual causation
2. proximate cause
D. Damages
E. Defenses 1. Self-Defense 2. Defense of Others
3. Defense of Property
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WAS SOMEONE NEGLIGENT?
Must have 4 elements
Duty, Breach, Causation, Damages
Did he/she
owe someone
else a of
care?Duty
Was the breach
the of Ps
injuries?
Was the
dutyDid P. incur
?
Actual
cause
Proximate
Cause
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OR THIS
duty Act or
Omission
Breach Did Def. act
Reasonably?
Causation
Actualcause
Proximate
cause-
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Where Do I Start?
Begin gathering all your materialsYour course syllabus
Your casebook
Your case briefsYour class notes
Supplemental material
Additional assigned readings Notes from hornbooks, E&E, other
commercial sources
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THAT WAS HARD WORKTAKE A
BREAK
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END OF BREAK:BACK TO OUTLINING
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Begin With Your Syllabus
Introduction Diversity jurisdiction introduction, Strawbridge v. Curtiss,Notes 3, 4,
CB 1 12 CB 307 311 F 164 167
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Exceptions to diversity jurisdiction Diversity jurisdiction: determining
citizenship, Carden v. Arkoma, Notes 4, 5
CB 311-313 F 192 193 CB 313 327 F 167 179
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Rose v. Giamatti, Notes 1, 2, 3 Diversity Jurisdiction: Alienage Jurisdiction
Diversity Jurisdiction: Amount in Controversy
CB 49 57 F 191 CB 329 334 F 193 195 CB 334 339 F 182 190
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Federal Question Jurisdiction, Louisville & Nashville Railroad Co. v.
Mottley, Notes 1-4 Scope of Arising Under Smith v. Kansas City Title &
Trust Co.
CB 344 351 F 198 202
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CREATE A SKELETAL OUTLINE FROM
YOUR SYLLABUSIntroduction Diversity jurisdiction introduction, Strawbridge v. Curtiss,
Notes 3, 4,
CB 1 12 CB 307 311 F 164 167
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Exceptions to diversity jurisdiction Diversity jurisdiction: determining
citizenship, Carden v. Arkoma,
Notes 4, 5
CB 311-313 F 192 193 CB 313 327 F 167 179
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Rose v. Giamatti, Diversity Jurisdiction: Alienage Jurisdiction DiversityJurisdiction: Amount in Controversy
CB 49 57 F 191 CB 329 334 F 193 195 CB 334 339 F 182 190
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Federal Question Jurisdiction, Louisville & Nashville Railroad Co. v. Mottley,
Scope of Arising Under Smith v. Kansas City Title & Trust Co.
CB 344 351 F 198 202
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A SKELETAL OUTLINE
INTRODUCTION :DIVERSITY JURISDICTIONDetermining Citizenship
Amount in Controversy
EXCEPTIONS TO DIVERSITY JURISDICTION
FEDERAL QUESTION JURISDICTION
SCOPE OF ARISING UNDER
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SAMPLE LINEAR OUTLINE
BEGIN WITH THE SKELETAL OUTLINE:
INTRODUCTION : DIVERSITY JURISDICTION
EXCEPTIONS TO DIVERSITY JURISDICTION
FEDERAL QUESTION JURISDICTION
SCOPE OF ARISING UNDER
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BEGIN WITH A BROAD CONCEPT,
CAUSE OF ACTION OR LEGAL THEORY
DEFINE THAT CONCEPT, CAUSE OF ACTIONOR LEGAL THEORY
INCLUDE THE ELEMENTS, TESTS, FACTORSWHICH DEFINE THAT CONCEPT
GET THESE DEFINITIONS FROM YOUR CLASS
NOTES, CASEBOOK READINGS, RESTATEMENT,
STATUTES
FOLLOW YOUR PROFESSORS CONCEPTUAL
FRAMEWORK
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BROAD CONCEPT/LEGAL THEORY DIVERSITY
Article III 2 Federal Courts are authorized to hearcases between citizens of different states
Art III requires only minimal diversity (State farm. v.Tashire)
General diversity statute construed to require completediversity (Strawbridge v. Curtiss)
No plaintiffs can share citizenship with any defendants
1332- Claim must be for more than $75,000.
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CONTINUE OUTLINING
ALSO INCLUDE:
AN EXAMPLE AND NON-EXAMPLE OF THE CONCEPT
THESE MAY COME FROM YOUR PROFESSORS
HYPOS OR FROM CASES
ADD AN EXPLANATION IN YOUR OWN WORDS
MOVE ON TO CASE BRIEFS. INCLUDE:A SENTENCE OR TWO OF FACTS TO JOG YOUR MEMORY
ISSUE,HOLDING AND RULE FROM THE CASE
PUBLIC POLICY IMPLICATIONS OF THE RULE
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EXAMPLE/NON EXAMPLE OF
COMPLETE DIVERSITY
Parker (NY) sues Danwed(Utah) and Dugan(Florida) in a federal district court in Utah.COMPLETE DIVERSITY. The fact that P has
chosen to bring the suit in Utah is irrelevant todiversity. Look only at parties on both sides.
Sanchez(NY), Peyton (IN ) and Brady (MA) sueRivers(Ca) , Campbell (Ca) and Manning (NY).
NO DIVERSITY JURISDICTION. Citizens fromNY on both sides violates Strawbridge.
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NOW ADD CASE REFERENCES
Each case is included to illustrate the doctrine,legal theory, cause of action you areoutlining.
CITIZENSHIP FOR PURPOSES OF DIVERSITY
State citizenship = domicile (residence + intent to
remain indefinitely) Intent to remain-look at circumstances
MAS V. PERRY
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DETERMINING CITIZENSHIP FOR DIVERSITY
MA
S v. PERRY
Mas ,grad students atLSU sued landlord, a La citizen, in fedct for damages (he had spied on their bedroom through atwoway mirror) (include facts to jog your memory)
Llord challenged jurisdiction based on lack of diversity
claiming Mrs. Mas was a citizen ofLA.
Mr. Mas-French national= ok for diversity
Mrs. Mas- was living in La (student);before school shelived in Mississippi and altho she admitted she did notintend to return to Miss.,
had not formed at intent to remain indef in LA
therefore, not a citizen ofLA. Diversity exists.
Llords challenge failed.
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SUMMARIZE
Explain in your own words what you understand from thetopic outlined.
Art III 2 Federal subject matterjurisdiction extends to
controversies between citizens of different
states=DIVERSITY JURISDICTIONOriginal policy: to protect out-of-state litigants from local
bias Prof. Xs notes criticize modern use of div. juris.:
burden on federal courts, complex choice of law issues
Art III only requires minimal div; now, must be complete
diversity (Strawbridge v. Curtis)
In deciding diversity, courts look to the citizenship of the
parties at the commencement of the action
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ANOTHER WAY TO THINK ABOUT THIS:
THE 4 Es
ELEMENTS- COLLECT FUNDAMENTAL RULES ANDDIVIDE INTO ELEMENTS
EXPLANATIONS- INCLUDE POLICY RATIONALE FOR
THE RULES EXAMPLES- ILLUSTRATE EACH POINT WITH AN
EXAMPLE. CAN USE CASES HERE AS EXAMPLES OFHOW LEGAL RULES APPLY TO SPECIFIC FACTUAL
SCENARIOS OR USE EXAMPLES FROM CLASS NOTES EXCEPTIONS-IDENTIFY ALTERNATIVE OR MINORITY
RULES
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REPEAT AFTER ME
I will not spend all my time reading and rereadingcases in isolation
I will not organize my outline around cases
I will not rely on commercial outlines or outlines
produced by others I will not start outlining a week before finals
I will organize around major issues
I will break down major rules into sub rules andelements
I will use cases and class notes to illustrate rules
I will include a policy analysis for each rule
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AND, MOST IMPORTANTLY..
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I will finish my outline in time to use it
to practice writing exam questions.