organizing material and outlining - santa clara...

Organizing Material

and Outlining

Presented by

Academic & Professional Development

Joan Harrington, Devin Kinyon,

Associate Clinical Professor of Law Assistant Clinical Professor of Law

Director of APD Assistant Director, Academic Development

UPCOMING APD EVENTS

• Workshops – Fridays 12:00 - 12:55

– 9/21 Exam-Taking Strategies I

– 10/12 Exam Taking Strategies II

– 11/2 Professors on Exams

• Bar Fair Week

– September 24th to 27th

All sessions are filmed and posted online at law.scu.edu/apd.

Organizing Material and Outlining Presented by


PRACTICE EXAM SESSIONS

• APD will host a series of practice exams on

Saturdays, starting in mid-October and continuing through the beginning of November.

• Taking practice exams is an exercise that helps train you for your actual exams in December.

• When the schedule is published, put all the dates in your calendar. Our data shows that students who take more practice exams, do better on their actual exams.

• Don’t hide behind “I’m not ready.”



WHAT ARE THE GOALS FOR THIS SESSION? I. Understand the importance of outlining in law

school II. Learn how to approach outlining



WHY OUTLINE?

1) Understand the law

2) Memorize the law

Distills information- less to memorize

Creates structure- easier to memorize

LLWAEHTEIVO

ILOVETHELAW

3) Provide tool for answering exam questions



WHEN SHOULD YOU OUTLINE?

• Continuously: Collect raw materials

• Periodically: Outline topics as soon as they have

been completed

• All outlining for a course should be finished by 2

days prior to the exam at the latest – Use the last 2 days for memorizing and

practicing



WHAT IS THE PROCESS OF OUTLINING?

• Collect all course material

• Prepare and refine a “Course Outline”

• Condense the Course Outline to an “Exam

Approach Outline” (1-3 pages)



COLLECTING MATERIAL

• Amass all information learned in the course in an

organized fashion

• What’s included:

Discussion of cases Rules of Law History of Law Policy arguments Professor’s hypos Professor’s tips

Class notes

Case briefs, notes

Supp. materials

Your questions

& comments

COLLECTING MATERIAL

Organize materials so that you can immediately find

the raw materials for each topic.

Manila folders

3-Ring binder

Microsoft Word document

Microsoft OneNote



BRIEF WORD ABOUT SUPPLEMENTS Primers: Elementary explanation covering basics of subject area. Helpful for a straightforward explanation of an area of law. May be simplistic. Examples and Explanations Nutshell Series

Hornbooks or Treatises: Books covering in detail the principles of a body

of law. Often helpful to review for context before reading cases.

Get suggestions from your professors

Commercial Outlines: Helpful for organization and rules. May be

incorrect.

Gilberts

Emanuels and Crunchtime



COURSE OUTLINE

Purpose: To distill and synthesize all course materials into clear and concise statements organized in a way that mirrors how you will use the information on your exam

Issue Rule Analysis



HOW TO FIND THE ISSUES

Three ways to identify the issues to begin framing your outline: • Syllabus • Syllabus + Table of Contents • Supplemental Source + Table of Contents



Use a supplemental source, such as a commercial outline, along

with the table of contents from your book, to build your own frame.

(In addition to providing you with a basic structure for your outline,

you will also build your own sense of how the seemingly discrete

pieces of your course fit together.)

SAMPLE FRAME FOR STRICT LIABIILTY IN TORTS

I. INTENTIONAL TORTS II. NEGLIGENCE III. STRICT LIABILITY

a. ABNORMALLY DANGEROUS ACTIVITY

b. CAUSATION c. DAMAGES d. DEFENSES

IV. PRODUCTS LIABILITY

THE RULES

• Finding the basic rules

• “Deconstructing” or breaking down rules

• Rule elaboration



FINDING THE BASIC RULES

Law comes from multiple sources: 1. Texts of constitutions, statutes, regulations (and

cases that interpret them)

2. Common law (judge announced law via opinions)

Compare: Model rules, Restatements,

hornbook texts



RULE STATEMENTS For every issue, find the rule(s) from each of the

sources you have identified

Create a concise rule statement, that may be memorized and used on an exam

“If this rule came up on an exam question, what should I write and why?”



RULE ELABORATION • Do you know all of the elements, factors, etc

related to the rule? • Do you understand how cases have further

explained the meaning of the rule? • Do you understand how cases illuminate the

application of the rule? • Capturing cases in your outline

• Do you know the rationale behind the rule so you will be able to discuss how and why the rule might be applied in a different fact pattern?



EXAM ANALYSIS

What is analysis on law school exams?

Apply rule to relevant facts (weave law and

facts – “because…”)

Analogize and distinguish cases where

appropriate

Discuss rule rationale/policy where

appropriate



IDENTIFYING THE RULE FOR STRICT LIABILITY

ABNORMALLY DANGEROUS ACTIVITY

From Nicolai v. Day, we got this Restatement rule:

a) Whether the activity involves a high degree of risk of some harm

to the person, land or chattels or others;

b) Whether the gravity of the harm which may result from it is likely

to be great;

c) Whether the risk cannot be eliminated by the exercise of

reasonable care;

d) Whether the activity is not a matter of common usage;

e) Whether the activity is inappropriate to the place where it is

carried on; and

f) The value of the activity to the community.



OUTLINING PRACTICE

Sheet A provides the basic skeleton of a Strict Liability/Abnormally

Dangerous Activity outline.

Sheet B includes a number of the components that you would use to

fill out that skeleton outline (including the Restatement rule.)

Working in small groups, figure out where the pieces on Sheet B

belong on Sheet A. Write the associated item letter (item “B”) in

the correct space, and make note of why you think it belongs

there.

Multiple items may go under one of the headings in the skeleton;

make sure your order of them has some logical sense.



COMMON OUTLINING QUESTIONS

• My structure is a little bit different.

• Where do I list all of the cases? -OR- Where do I

put all my briefs?

• How do I know if I’m doing it right?

• This is so much work, can’t I just use someone

else’s outline?

• Is there a different way to do this if I have a

different learning style?



WHAT NOW?

• Assemble course material daily or weekly

• Outline after each unit

• Test your course outline by doing practice

problems

• Add to Exam Approach outline after each unit

• Consider graphic organizing as an outlining tool



Professors Harrington and Kinyon


230 Bannan Hall

[email protected]

http://law.scu.edu/apd/

Appointments: Sign-up online or [email protected].



GRAPHIC ORGANIZERS

1. Hierarchy Charts 2. Flow Charts 3. Comparison Charts 4. Mind Maps 5. Timelines 6. Venn Diagrams 7. Pictograms



HIERARCHY CHARTS

CONTRACT DEFENSES

DECEPTION

MISTAKES TO A BASIC

ASSUMP- TION

DURESS UNDUE

INFLUENCE

UNCON- SCION- ABILITY

ILLEGALITY INCAPACITY STATUTE

OF FRAUDS

Does the claim allege a Fed.

Q? Is the area

pre-empted by Fed. Law?

The claim IS Federal & may be

brought in or removed to Fed. Ct.

Is the Fed. Q. a defense?

Is the Fed. Q. substantial?

Claim does NOT create Fed. Q. jx.

No

Yes

No

Yes

No

No

Yes

Start Here

Adapted from Michael Hunter Schwartz, Expert Learning, and Greg Sergienko. Not to be used for substantive accuracy.

CIVIL PROCEDURE – FEDERAL QUESTION

COMPARISON CHARTS

Case Name Facts Knowingly

State v. Smith (Ohio Ct App. 1973)

Two unarmed teenagers entered the home of one of the their friends.

Yes. Knew it was dwelling of another; they knew it was the friend’s house.

State v. Jones (Ohio S.Ct. 1985)

Armed men entered vacation home of their acquaintances.

Yes. Knew it was dwelling of another; they knew home belonged to acquaintances and often stayed there for long periods of time.

State v. Green (Ohio Ct. App. 2000)

Unarmed man entered home; did not know whose home it was.

No. Did not know it was dwelling of another; he thought it was abandoned (no one appeared to have lived there for 8 months)

BURGLARY – ELEMENT OF ENTERS

“KNOWINGLY”

YES --- “knowingly” NO ----“knowingly”

Two unarmed teenagers entered home of friend – knew it was his home. State v. Smith (Ohio Ct App 1973)

Unarmed man entered home; did not know whose home it was. Thought it was abandoned (no one appeared to have lived there for 8 months). State v. Green (Ohio Ct. App. 2000)

Armed men entered vacation home of their acquaintances. Knew home belonged to acquaintances and often stayed there for long periods of time. State v. Jones (Ohio S.Ct. 1985)

MIND MAP

Definition of

Burglary

Breaking

Entering

Dwelling House

Of Another

Intent

Nighttime

W/any part of body

W/tool, if used

for crime

Includes “curtilage”

Between sunrise &

sunset

Insufficient Light to discern

face

Adapted from Michael Hunter Schwartz, Expert Learning. Not to be used for substantive accuracy.

TIMELINES AND VENN DIAGRAMS

Timelines

Showing historical progression of cases

Mapping decisions by particular justices.

Venn diagrams

PICTOGRAM

Federal Diversity Jurisdiction

Parties are diverse

Amount in controversy

exceeds $75K

Federal Ct. has

jurisdiction

Not to be used for substantive accuracy.

PICTOGRAM

Strength of party’s claim

Preliminary Injunction: Balancing Factors

Not to be used for substantive accuracy.

TOOL FOR CREATING GRAPHIC ORGANIZERS

Inspiration

OmniGraffle

Powerpoint

FreeMind (free)

VUE (free)

Cmap Tools (free)

PEN & PAPER



TEST DRIVE YOUR OUTLINE AND GRAPHIC

ORGANIZERS Level 1: Examples and Explanations; Cali Lessons Level 2: Lexis Nexis Question and Answer Series; Siegel’s Series by Aspen ; Sum and Substance Quick Review Level 3: Practice Exams – APD practice exams; your professors; Claranet; California Bar Exam questions



Please do not use this presentation for learning substantive law. It is intended to be used for the skill of organizing material only. Material adapted from a variety of sources including: Calleros, Law School Exams - Preparing and Writing to Win Hunter- Schwartz, Expert Learning for Law Students Darrow-Kleinhaus, Mastering the Law School Exam Stropus and Taylor, Bridging the Gap Between College and Law School Iijima, The Law Student’s Pocket Mentor – From Surviving to Thriving Course Materials from Professor Nancy Wright Powerpoint of Professor Al Hammond



Professors Harrington and Kinyon


230 Bannan Hall

[email protected]

http://law.scu.edu/apd/

Appointments: Sign-up online or [email protected].



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