Creating a Course Outline
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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
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