Many Methods, One Goal

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RGANIZING

• Many Methods, One Goal

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Reasons to Organize

• To learn course content
• Organizing forces a focus on content that
  increases recall of material
• Grouping cases helps
• Deepen understanding of concepts
• Build associational connections to increase
  memory
• To highlight analysis process
• Drawing attention to legal rules
• Providing context for legal arguments for
  analysis and application to new fact patterns
• To prepare for exams
• Emphasizing thoroughness of analysis in exams
• Increasing speed in writing exams

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Choosing a Format

• Start with what has worked for you in past
  courses.
• Experiment with other methods to see if they
  facilitate analysis and application.
• To Outline is code for To Organize
• Outlines are one way to organize, but not useful
  for everyone.
• Flow charts emphasize analysis
• Decision trees use questions to aid analysis
• Diagrams can reveal relationships among and
  within concepts
• Summary and synthesis statements put the big
  picture into words
• Use a structure that simplifies understanding,
  emphasizes analysis, and aids memory and
  application.

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Preliminary Questions

• What do you want to accomplish?
• Conceptualize material
• Develop an analysis tool for legal problem
  solving
• Increase speed
• Which organizing structure meets each goal?
• You may use more than one
• The structure should assist recall and analysis
  skills.
• Is it more efficient to use an outline created by
  someone who knows more than I?
• NO! Making it is a huge part of the value
• Do use table of contents, syllabus, or similar
  materials to provide an initial framework or to
  stimulate ideas

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Organizing to Conceptualize

• Main Topics
• Identify the main topics in the course
• Look at table of contents of book or syllabus to
  identify these.
• Usually there are no more than 5-9 main topics.
• Look for
• How the topics are similar and different
• What distinguishes each topic and what types of
  factual situations would trigger use of each
• How do the main topics relate to each other
• Can they occur together?
• Are any topics mutually exclusive?
• Is there an order among topics such that one or
  some should be analyzed before others?
• It may be helpful to create a diagram or drawing
  to examine the relationships of topics to each
  other
• before structuring your
  organizing tool.

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Subtopics

• Make a list of all legal principles, rules,
  questions, public policy issues, and terms.
• Group these using each main topic as a category.
• Within each category sort and include case
  examples to help remember applications and
  arguments.
• Put in an order that reflects what you need
• to know to analyze a new set of facts.

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Creating a Tool to Guide Problem Solving

• Remember, the goal of any guide for problem
  solving is to assist in legal analysis and in
  applying rules to facts
• You may want to include
• Legal tests and rules (dont over-simplify)
• Questions to ask of facts to test for elements of
  legal rules (dont stop with clear statements,
  identify any legal tensions)
• Case examples for arguments and counter arguments
• Public policy oriented questions and arguments
• Terms, standards, or criteria used by professor
  in class discussion

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Examples of Different Structures
CAVEAT The following material provides
general examples. These are not intended to teach
course content. Use only the material presented
or assigned by your professor.
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Practical Questions for Creating a Flow Chart or
Decision Tree

• What is a flowchart or decision tree?
• These are ways to organize material. A flow
  chart points out the sequence of steps in
  applying course material. A decision tree sets up
  questions that can usually be answered with a yes
  or no. The answers lead a person through analysis
  steps.
• Why would I create one?
• Some students like to express steps of legal
  analysis steps in graphic form.
• Is it a substitute for an outline?
• It can be but it can also be an enhancement of
  parts of an outline.
• What if I dont learn visually?
• You may want to stick with another format.
• What software can I use?
• Word processing programs usually have a format.
• I like a program called Inspiration you can
  check it out at Inspiration.com
• Stop by the office and we can talk more!

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Creating a Flowchart
Brainstorm
Created by Ruta Stropus, DePaul Law School
Go with the analysis
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ContractsSample - Brainstorm Sheet
List rules/key words/phrasesPromissory
EstoppelOfferContractAcceptanceConsiderationC
ommunication - knowledge of offer
VoidVoidable Certainty of termsCommitment/prom
iseTermination
Created by Ruta Stropus, DePaul Law School
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ContractsSample organization of rules/key
words/phrases
I. Requirements for contract A.
Offer 1. Commitment/promise 2. Certainty of
Terms 3. Communication 4. Termination B. Con
sideration C. Acceptance D. Promissory
EstoppelII. Is contract valid? A. Void B.
Voidable
Organize
Created by Ruta Stropus, DePaul Law School
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ContractsSample organization of rules/key
words/phrases
I. Requirements for contract A.
Offer 1. Commitment/promise 2. Certainty of
Terms 3. Communication 4. Termination B. Con
sideration C. Acceptance D. Promissory
EstoppelII. Is contract valid? A. Void B.
Voidable
Organize
Created by Ruta Stropus, DePaul Law School
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Contracts Sample Flowchart 1
Go with the analysis
Created by Ruta Stropus, DePaul Law School
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Contracts - Sample Flowchart 2
Created by Ruta Stropus, DePaul Law School
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ContractsSample Analytic Outline
Step 1 - Is there an offer? Look to see if all
of the following elements exist 1. Commitment/p
romise 2. Certainty of Terms 3. Communication
make sure the offer has not been
terminated! Step 2 - Has the offer been
accepted? 1. If yes - then we have a
contract 2. If no then try to enforce using
promissory estoppel Step 3 - Is
there consideration?Step 4 - Make sure the
contract is valid Look to see if it is 1.
Automatically Void and/or 2. Voidable by one of
the parties
Go with the analysis
Created by Ruta Stropus, DePaul Law School
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Mapping Contracts
Formation
Acceptance
Offer
Consideration
(definition)
(Promise to do or not do something definite,
communicated to offeree)
(definition)
Clearly not offer
Clear offer
Lefkowitz Owen Harvey Massee
Fairmount Keller
Craft Moulton
Lucy
Dohrman
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IRAC
Broad and General

• Issue
• Rule
• Application/Analysis
• Conclusion

Concept of Inverted Pyramid Developed by Laurie
Zimet of Hastings Law School
Narrow and Specific
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IRAC cont.
ISSUE
Is there an offer?
DEFINITION OF AN OFFER An offer is a promise
from the offeror or that manifests the partys
commitment to take some action in exchange for a
return promise or performance from the other party
Concept of Inverted Pyramid Developed by Laurie
Zimet of Hastings Law School
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IRAC cont.
Rule To Determine if an Offer is present

1. Has an offer been communicated?
2. Do we have certainty of terms?
3. Is there a commitment/promise?

Concept of Inverted Pyramid Developed by Laurie
Zimet of Hastings Law School
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IRAC cont.
Rule Application/Analysis

1. Has an offer been communicated? Test against
   facts.
2. Do we have certainty of terms? Test against
   facts. (See next slide for example.)
3. Is there a commitment/promise? Test against
   facts.

Concept of Inverted Pyramid Developed by Laurie
Zimet of Hastings Law School
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IRAC cont.
Rule Application/Analysis Sub-Issue - Certainty
Is there Certainty?

1. Has offer been terminated?
2. Is there consideration?
3. Has the offer been accepted?

Yes No
Fact/case for
Yes No
Fact/case for
Fact/case for
Yes No
Concept of Inverted Pyramid Developed by Laurie
Zimet of Hastings Law School
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Conclusion
YES
NO
There is no offer.
There is an offer.
This reflects your judgment. Strong/weak/doesnt
seem to apply or does apply, because
Remember on an exam to argue in the
alternative Example I think there is an offer
for x, y, z reasons, however, if the
court were to find no offer
Concept of Inverted Pyramid Developed by Laurie
Zimet of Hastings Law School
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Which organizing method do you prefer?

• Get into groups of like types.
• Outlining
• Flow Charting
• Decision Trees
• Mapping/Flash Cards

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Organize, Use, and Revise

• Try out any or all methods to organize your
  materials analytically.
• Apply your organizing product or problem-solving
  tool to a problem
• Use the following contracts problem to test your
  work
• If you needed more materials to answer the
  problem, add them.
• If you can re-work your organization to make it
  more analytic and more useful as a
  problem-solving tool, make those changes.
• Apply your revised problem-solving tool to a
  different problem and evaluate its usefulness.
• As you organize, use, and revise your
  problem-solving tool, you will be learning your
  course material. You will also be learning to
  take law exams.

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• PROBLEM I -- (60 POINTS)
• Sally hated the Tar Heel lottery, telling
  everyone who would listen that she was
  philosophically opposed to it. Sallys Uncle Urk
  loved playing the lottery and was always trying
  to convince Sally that it was harmless, exciting
  fun. One Thursday, when the pot had grown to 40
  million, payable in twenty annual 2 million
  installments, Urk called Sally saying, Since
  tomorrows drawing coincides with your birthday,
  Im going to buy you 50 worth of lottery
  tickets, so youll see how much fun it is to play
  the lottery. Ill mail you a check today, but
  you have to spend it on lottery tickets. Sally
  grumbled, but said O.K.
• That evening, she told her friend Fred , also a
  lottery enthusiast, about the conversation. Fred
  insisted that if she were ever to play the
  lottery, she should do it immediately, while the
  pot was so big. He also said he had developed a
  system for picking numbers that was bound to pay
  off, soon. Saying she was afraid to be seen
  buying lottery tickets, Sally held out 50 to
  Fred saying, If youll go fill out the cards and
  buy the tickets for me, Ill give you twenty
  percent. Twenty percent? Fred said standing
  up and grinning, If I pick the numbers, I get
  half! They both chuckled as he took the cash
  and went out the door.
• Adding 10 of his own, Fred bought sixty
  tickets. He took them all back to Sallys house
  saying he would come back the next evening to
  watch the drawing with her. He said he would
  pick out his tickets from the pile just before
  the drawing. Thats when my psychic powers are
  the greatest!
• The next evening, on his way to Sallys, Freds
  car was rammed in the rear by a pimply-face
  eighteen year old driving his mothers two
  million pound car. Fred was not badly hurt, but
  he never made it to Sallys. Just before the
  drawing, seeing that Fred had not arrived, Sally
  separated the tickets into two groups one group
  of twenty (designating them as the ten that Fred
  bought for himself, plus 20 of her fifty
  tickets), and the other group of forty
  (designating them as hers).
• As luck (meaning the inventor of this tale)
  would have it, the winning ticket was in the pile
  of forty. When Fred called to say he was in the
  hospital, Sally screamed, I won, I won! You
  picked the winning number, and it was one of
  mine! I dont know how Ill ever thank you.
• Befuddled, Fred said, I know how you can thank
  me by giving me my half of the winnings.
  Saying she owed Fred nothing, Sally hung up, and
  her friendship with Fred has never been the same.
• On Saturday, Sally received a letter from Urk,
  saying, Ive decided not to buy you the lottery
  tickets. It would be unfair of me to try to
  undermine your principles in such a crass way.

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PART A A(1). Fred sues Sally seeking, in the
alternative, fifty percent, twenty percent, or
one-sixth of her winnings. He puts forth all
viable theories in support of each claim, and
Sally defends each to the hilt. What results are
reasonably likely? Explain fully. A(2). Sally
sues Urk for 50. What results are reasonably
likely? Explain fully. PART B Suppose that
after Freds suit was filed, Sally received her
first 2 million installment. She went to Freds
house and found him watching the lottery drawing
on TV with a number of their mutual friends. She
said to him, Look, I feel terrible about all of
this, and I miss your friendship. You may have
some moral claim to a share of my winnings, but
what youre asking is ridiculous. Tell you what,
if youll drop the lawsuit, Ill pay you 50,000
a year for the next five years. Heres the first
payment. She held out a check for 50,000 made
out to Fred. Fred said, Well, O.K. Ive missed
you, too. Fred took the check, and their
friends cheered. That evening, they all
celebrated Fred bought the pizza. The next
week, Sally received her endorsed but undeposited
check in the mail with a note from Fred saying he
couldnt bring himself to sell out so cheaply.
Sally has based a defense to Freds suit on
these facts, to which numerous friends willingly
testify. Analyze fully.
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Part A(1) F sues S
Points approx.

• Contract? Intent to be legally bound? Friends,
  laughter, etc
• Claim for 20, or 50 key is agreement offer
  accept.
• Ss 20 proposal clear offer.
• Fs response re 50 serious rejection
  counteroffer or meaningless joke? Facts
  important.
• If joke, does Ss offer continue? Probably. She
  lets him take the without comment. By taking
  the and performing, F accepts.
• If S has reason to know of serious counter offer,
  letting gF take the is probably an acceptance.
  Facts important here re objective manifestation
  of intent
• Indefiniteness Percentage of tickets or
  proceeds? Possible mutual mistake as to basic
  fact.
• Can breach be determined? Remedy fashioned? If
  not, no contract.
• Seems proper for S to segregate tix in Fs
  absence implied reasonable term. Depends on
  importance of Fs exercise of psychic power.
  Does S have knowledge here based on prior
  relationship?
• Fs claim for 1/6th Restitution.
• Two possibilities for benefit conferred
• Supply ten added tickets may have increased Ss
  odds of winning, but S segregated them out, so
  maybe no benefit received.
• Picking the numbers service rendered.
• Question value of benefit? 1/6th? Something
  else?
• Assuming benefit, enrichment unjust? Probably.
  Clearly, no officiousness compensation expected.
  
• Number selection clearly not provided as a gift
• Added tix not intended as a gift

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10
4
8
4
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Part A(2) S Sues Urk

• 1. Key promise to send 50 enforceable?
• Family promise, may not be intended to bind.
• 2. Two possible bases for enforcement.
• Consideration. Question use of to buy tix
  sought in exchange? Turns on motive. Facts
  important.
• Promissory estoppel did Urk have reason to know
  she would rely before receiving the 50? Can
  injustice be avoided only through enforcement?
  She may be rich, but she is 50 poorer. Facts
  important

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2
6
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Part B. S defends on basis of conversation re
50K per year

• Clear offer for accord.
• Agreement reached?
• Offer seek a promise or performance?
  Indifferent?
• Did B accept by saying O.K.? (probably) by
  endorsing?
• Accord enforceable?
• Fs forbearance of claim held in good faith is
  g/e thing. Clearly sought by S.
• Pre-existing duty rule does not invalidate Ss
  promise if within the range of dispute. She
  admits to Fs moral claim. Is this relevant? Is
  1/80th of her winnings below that? Is her offer
  coercive?
• Statute of frauds satisfied?
• Contract clearly not performable in one year.
• Memo requirement satisfied? Two possibilities
  signature on check on Fs note.
• Note seems to admit agreement, and check is
  evidence of amount.
• 5 year term missing, but lots of credible
  testimony available.

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4
4
10
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Organizing class notes, briefs, study group
notes, illustrative problems, etc. by themes and
by using analytic frameworks helps identify the
relationships among the details of course
materials that create a conceptual big picture.
Organizing before exams helps students spot exam
issues. The big picture then unpacks so that
application and analysis on each issue have
sufficient depth. An organizing framework, along
with the specific order of questions asked and
the chronology of the fact pattern, helps
organize exam answers.