outlining course materials 2010

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.

outlining course materials 2010

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