Creating a Course Outline

Jeffrey MinnetiAssociate Professor of Legal Skills and Director of Academic SuccessStetson University College of Lawminneti@law.stetson.edu

Presentation Objectives

Explain the purpose of a course outline

Discuss the content of a course outline

Suggest a process for creating a course outline

Suggest forms for course outlines

Course Outline Purposes

Learning theory perspective Building schema Creating a tool to facilitate problem solving

Pragmatic perspective Structure major premise of syllogism Consolidate information in one place Capture the structure of the law

• Macro level• Micro level

Template for memorization of law

Course Outline Content

Vocabulary Concepts Rules Policy Examples and non examples of law in

factual contexts

Course Outline Content

Vocabulary Latin phrases

• Stare decisis• In rem• Mens Rea

Language of the law• Remand• Appellee• Cause of action• Service of process

Course Outline Content

ConceptsIdeas

• Contract formationTerms of art

• Meeting of the minds• Offer• Acceptance• Consideration• Promissory Estoppel

Course Outline Content

RulesSources

• Primary• Constitution• Statutes• Court decisions • Administrative Regulation

• Secondary• Restatements• Treatis/hornbook

Course Outline Content

Synthesized RulesTypes

• If, then• Elements• Disjunctive• Factors• General Rule + Exceptions• Hybrid

Course Outline Content

If, then ruleIf you capture or mortally wound a wild

animal on public lands, you have a property right in the wild animal.

If you engage in an act, knowing with substantial certainty the consequences of the act, for the purpose of tort liability, you have acted with intent.

Content of Course Outline

Elements Law broken into discrete units

• each has its own test or definition• each must be proven for the rule to apply

Example• An actor batters another when he intends to cause

harmful or offensive contact with the person of another and such contact actually occurs

• Elements• Intent• Causation• Harm or offense• Another person• Actual contact

Course Outline Content

ElementsExample

• Contract formation• Offer• Acceptance • Consideration

Course Outline Content

Disjunctive rulesBattery includes harmful OR offensive

contactDamages for breach of contract may

include money damages OR specific performance

Delivery of a gift can be actual OR constructive

Course Outline Content

Factors Personal jurisdiction analysis

• Several layers to the test• Minimum contacts

• Purposefully direct actions to forum?• Product placed in stream of commerce?• Business relationship with forum state business?• If internet contact, how interactive is the web

business with the forum state?• Reasonableness

• Burden on the defendant• Burden on the plaintiff• Interest of the forum state

Course Outline Content

General Rule + ExceptionsMurder is the unlawful killing of

another human being with malice aforethought, unless, the actor acted in self defense

Course Outline Content

Hybrid rulesContract formationSubject Matter Jurisdiction

Course Outline Content

Review rule structures:• If, then• Elements• Disjunctive• Factors• General Rule + Exceptions• Hybrid

Course Outline Content

PolicyThe ideas that animate the law, give it

purpose, guide its evolution• Judicial process

• Firm v. flexible rules• Slippery slope• Flood of litigation

• Normative• Freedom of contract• Individual v. Altruism

• Economic• Cost-benefit analysis

Example of Policy

Adverse possession forces real property owners to pay attention to uses of their property and benefits those who put real property to productive use.

Course Outline Content

Examples and non-examples of rules in factual contextCases (including note cases)

• Holding• Rule + dispositive facts

Hypotheticals that professors present in class

Course Outline Process

Starting point Utilize your case book’s table of contents and/or

course syllabus as templates for the major topics covered during the class

Next Step For each topic, pool together pre-class notes, during

class notes, post class notes, and readings from supplemental sources

Final Step For each topic, synthesize rule structures

Starting Point: Table of Contents and/or Syllabus If your professor proceeds

sequentially through the case book, utilize the case book’s table of contents to structure your outline

If your professor “jumps around” sections of the case book, utilize the professor’s syllabus to structure your outline

Next step: Pool information

For each topic, pre-class, gather information from assigned and supplemental reading relevant to the topic you are studying

For each topic, during class, edit and add to the information you gathered pre-class

For each topic, post class, review the information gathered pre and during class: Identify patterns and structures in the information Identify gaps in the information List questions about the information and create a plan

for addressing them

Final Step: Synthesize Rule Structures Generally legal synthesis requires

inductive thoughtDiscern rule structures from a number

of sources, each of which individually reveals only a portion of the rule’s structure• Inductive thinking derives general

principles from specific cases and materials covered in case book and in class

Course Outline Process

Suggestions to improve your inductive thinking about cases Know the purpose for reading the case Reduce the case to 1-2 sentences that

explain the law of the case in light of the facts and the purpose

Gather the 1-2 sentences from the cases together and make a cumulative list of the legal principles and policies related to the purpose for which you read the case

Discern form, structure, hierarchy among the principles and policies

Final Step: Synthesize Rule Structures On occasion, information is delivered

in a structured formNeed only record the structure of the

rules, noting their development from general idea to more specific

Course Outline Forms

Traditional outline Concept map Timeline Comparison chart Comparison diagram Flow chart

Review Presentation Objectives Explain the purpose of a course

outline Discuss the content of a course

outline Suggest a process for creating a

course outline Suggest forms for course outlines