Professor Claudia DiamondUniversity of BaltimoreSchool of Law

What’s the point? How do we do it?

What should one look like?How do you use your outline

effectively once you’ve created it?

Outline examples

Read for classBrief/Highlight cases and materialsAttend class and take meaningful

notesReview and annotate notes at end of

day before reading for next classWeekly: work on OUTLINE (ideal

versus practical)

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

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

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

There is no shortcut to the hard work in law school. Your outline is your pride & joy.

Organization of Outline Might be obvious from notes Could use book’s table of contents for

guide If course is rule or statute based, these

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

guide

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

Clearly note areas of gray and arguments either way

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

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

Include reminders about tricky issues that might pop up

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

Collect your rules and divide into elements

Organize your outline around concepts-not cases. Where do you get the concepts?

General statement about the law—the GROL

Break the rule into component parts and then include all the elements

Reasons supporting the ruleExceptions to the Rule/DefensesOther sources referred to by the professor:

UCC, Restatement, FRCP, etc.

Write down “key language” from the cases

Write down the important “X-Part tests”

Include the law from the various jurisdictions studied, given professor’s preferences

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

Neatly typedHighlights/Roman Numerals/LettersTabsChartsRoadmapsCharts/visuals Written-in comments and additions

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

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

Perhaps 30 to 40 pages?

Study group: are discussion issues covered by your outline?

Practice tests – was the outline helpful?

Practice tests – does the outline lead to correct answers?

Practice tests – does the outline help issue-spotting?

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

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

Contracts I:

I. OfferA. Definition generally-manifestation of intention to be bound 1. language 2. surrounding circumstances, prior relationships & practice of parties. 3. how communicatedB. Offer needs definite and certain terms 1. real estate contracts 2. UCC-sale of goods (a) reqt’s and output K

(b) missing terms•Termination of Offer.

A. Revocation by offerorB. Revocation by offereeEtc. Etc.

Interpreting the K •Performance and excuse of nonperformance (conditions, art. 2 gfd, Absolutely duty to perform discharged by impracticability, fop, imposs)•Breach ( when, minor/major, perfect tender rule)•REMEDIES (non-monetary/monetary) •RIGHTS OF 3d Parties.

I. Required elements of every crimeA. Physical Act

1. voluntary2. not doing something as an “act.”

B. Mental States (Mens Rea Reqt).1. Specific intent2. Malice3. general intent4. strictliability offenses

II. Inchoate offenses Solicitation Conspiracy Attempt