outlining for exams: many methods, one goal prof. carol b. swanson
TRANSCRIPT
Outlining for Exams:Many Methods, One Goal
Prof. Carol B. Swanson
ASP Workshop #2 Outlining for Exams: Many Methods, One Goal
Thursday, September 13, 11:30-12:30 (Room 101)
Sunday, September 16, 11:40-12:40 (Room 101)
Outlines are critical to successful exam preparation. This ASP Workshop explores the outlining process from start to finish in the Contracts I context. If you are uncertain how to transform case briefs and class notes into winning outlines, this session is for you!
2
Today’s Workshop… Understand how outlining is a process, not a
result; Understand the use of diverse outlining
techniques, including graphs, visual aids, flip cards, and the traditional alpha-numeric outline
Appreciate the overall outlining process and its pitfalls, including tips based on recent cognitive research
ALL IN THE CONTEXT of your Knapp Crystal casebook in CONTRACTS I!
ASP Workshop #3 Managing Law School Stress (and Finding
Peace and Purpose) Professor Mary Szto
Saturday, September 29: 4:30 p.m. - 5:45 p.m. (Room 101)
Tuesday, October 2: 11:20 a.m. - 12:40 p.m. (Room 101)
Confused?Anxious?
Are you up-to-date with your class assignments?
Yes—co
mpletely...
Yes, fo
r the m
...
No, I
have st
a...
HELP
!
0% 0%0%0%
1. Yes—completely.
2. Yes, for the most part.
3. No, I have started to fall behind.
4. HELP!
Do you have a comfortable understanding of your course materials?
Yes—co
mpletely...
Yes, fo
r the m
...
No, I
am havin...
HELP
!
0% 0%0%0%
1. Yes—completely.
2. Yes, for the most part (especially after class).
3. No, I am having difficulty putting the pieces together.
4. HELP!
Have you contacted your professor regarding your substantive concerns?
No, b
ecause
I ...
No, b
ut I have...
No, b
ut I have... Yes.
0% 0%0%0%
1. No, because I have no substantive concerns.
2. No, but I have gone to at least one SSG session.
3. No, but I have talked with my tutor about my concerns.
4. Yes.
So what’s an OUTLINE?So what’s an OUTLINE?
It’s all about EXAM PREPARATION!
Have you ever created a full course outline?
Yes. N
o.
0%0%
1. Yes.
2. No.
Have you already started to rough out an outline (in at least one class)?
Yes. N
o.
0%0%
1. Yes.
2. No.
Do you plan to create an outline for every doctrinal course?
Yes. N
o.
0%0%
1. Yes.
2. No.
Let’s consider what an
OUTLINEIs NOT…
Let’s consider what an
OUTLINEIs NOT…
It’s not a summation of your case briefs.
It’s not a simple compilation of your notes.
WHAT ABOUT COMMERCIAL
OUTLINES?
WHAT ABOUT COMMERCIAL
OUTLINES?• Coverage Is Different
• Information Overload
• Your Own Outline Is Superior• Other Sources are FREE
An effective outline is NOT something that someone else does for you.
Outlining is more about the PROCESS than the OUTCOME.
Like case briefing, outlining is a process. Outlining is something you do, not
something you have. Your GOALS are to:
Conceptualize the doctrines and improve your understanding of how the pieces fit together; &
Create a comfortable structure (model) that allows you to analyze diverse fact patterns.
Comfort = Speed
So Where Does Outlining Fit?Case Briefs + Other Notes in Casebook
Structure Before Class
Refine Notes While in Class
Further Refinement at Least Weekly Outside of Class
COURSE OUTLINE!
Executive Summary
Ready for CLASS
Ready for THE EXAM
MasteringCritical
Thinking
MasteringCritical
Thinking
OUTLINING is all about ORGANIZATION
The act of outlining forces you to confront whether you actually understand the materials and how they interrelate.
The act of outlining will help imprint the materials, improving your recall later.
This organization should facilitate your ability to apply concepts to new fact patterns on an exam.
OUTLINING Methods Outlining is personal; your learning style will
determine what methods work best for you. “Old School” Outline: Roman Numerals, front to
back narrative. Graphic Models:
Flow Charts, Diagrams, Decision Trees Bit by Bit: FLASH Cards Some combination of the above?
What approach works best for you?
Boring, tr
adit...
Grap
hic disp
la...
Short
‘n sweet..
.
Combo platter!
0% 0%0%0%
1. Boring, traditional outline approach.
2. Graphic displays, like charts.
3. Short ‘n sweet—like flash cards.
4. Combo platter!
Focus on Knapp Crystal Casebook
1. An Introduction to the Study of Contract Law
2. The Basis of Contractual Obligation: Mutual Assent and Consideration
3. Liability in the Absence of Bargained-For Exchange: Promissory Estoppel and Restitution
4. The Statute of Frauds
5. The Meaning of the Agreement: Principles of Interpretation and the Parol Evidence Rule
Material Covered So Far…1. Intro to Contract Law
a) Sources
b) Contract Theory Perspectives
2. Basis of K Obligation:
a) Mutual Assent Objective Theory Offer/Acceptance in Bilateral, Unilateral Postponed Bargaining
b) Consideration (Defined & Applied)
c) K Formation Under Article 2 Mutual Asent, Firm Offer, Qualified Acceptance (“Battle of the Forms”)
d) Electronic and “Layered” Contracting
Chapter 2: The Basis of Contractual Obligation
A. Mutual Assent1. Intention to Be Bound: The Objective Theory of Contract
Ray v. William G. Eurice & Bros., Inc.2. Offer and Acceptance in Bilateral Contracts
Lonergan v. Scolnick Izadi v. Machado (Gus) Ford, Inc. Normile v. Miller
3. Offer and Acceptance in Unilateral Contracts Petterson v. Pattberg Cook v. Coldwell Banker/Frank Laiben Realty Co.
4. Postponed Bargaining: The “Agreement to Agree” Walker v. Keith Quake Construction, Inc. v. American Airlines, Inc.
Outlining Chapter 2:Do NOT Make This Mistake!
A. Mutual Assent1. Intention to Be Bound: The Objective Theory of Contract
Ray v. William G. Eurice & Bros., Inc.2. Offer and Acceptance in Bilateral Contracts
Lonergan v. Scolnick Izadi v. Machado (Gus) Ford, Inc. Normile v. Miller
3. Offer and Acceptance in Unilateral Contracts Petterson v. Pattberg Cook v. Coldwell Banker/Frank Laiben Realty Co.
4. Postponed Bargaining: The “Agreement to Agree” Walker v. Keith Quake Construction, Inc. v. American Airlines, Inc.
Outlining Chapter 2:Focus on the CONCEPTS, not the Cases
A. Mutual Assent
1. Intention to Be Bound: The Objective Theory of Contract WHAT is the theory? Define it. Meeting of the minds?
2. Offer and Acceptance in Unilateral & Bilateral Contracts DEFINE Unilateral, Bilateral—and why does the
difference matter? DEFINE Offer, Acceptance, Rejection, Revocation,
Counteroffer, etc. WHEN effective?
3. Postponed Bargaining: The “Agreement to Agree” What is the problem, and the standards for analysis?
What are the standards for MUTUAL ASSENT under UCC Article 2?
Simplify & Reduce:
Workable, Tight
Executive Summary(3-10 pp)
FOREST vs. TREES
Case
What Constitutes Mutual Assent?Case
CaseCase
But what if I just don’t get it?
Open-Door Policy
• One–on-one Tutoring• Structured Study Groups• Workshops
Start outlining today
SERIOUSLY, Start outlining NOW!
Good Luck!Enjoy Your Fall Semester!Questions or concerns? Feel free to contact me…
Carol [email protected]
651.523.2138