OUTLINING. A Short Introduction
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1 OUTLINING A Short Introduction
2 BRIEFING & OUTLINING Briefs What is a case brief? Distilled version of the case. Why write case briefs? Primary reason: Forcing yourself to not just read the case, but to dissect it, analyzing the constituent parts. Secondary reasons: Quick answers to class questions. Easy way to review before and after class. Good for exam review.
3 AN OUTLINE IS NOT A combined version of your case briefs. A prettier version of your class notes.
4 WHAT IS AN OUTLINE? A structural organization of the course materials. First: Rules Second: Examples (via Facts, Stickies)
5 Not WHAT DO I MEAN BY STRUCTURAL ORGANIZATION? A list. A chronological ordering of course material. An outline should Make obvious the relationships among the rules (and, therefore, the cases).
6
7 SAMPLE PATTERNS OF CASES IN CASEBOOKS Introduce a primary rule. 1. Define a key term within the primary rule with more detail. 2. Elaborate on one element of a rule. 3. Examples of evidence sufficient/insufficient to prove an element. 4. Provide an exception to the rule. 5. Provide an exception to a single element of the rule. 6. Add a sub-rule. 7. Explain a nuance of applying one element.
8 DUI EXAMPLE To drive or operate any motor vehicle, engine, or train while under the influence. (VA Code Ann ).
9 DUI: GALLAGHER CASE Driving is a narrow term meaning to put the car in motion. Operation is a broader term, which includes starting the vehicle or manipulating its mechanical or electrical agencies. Gallagher v. Commonwealth, 205 Va. 666, 668 (1964).
10 HOW NOT TO OUTLINE Criminal Law I. Motor Vehicle Offenses A. DUI 1. Gallagher A. Driving is a narrow term meaning to put the car in motion. 2. Nelson B. Operation is a broader term, which includes starting the vehicle or manipulating its mechanical or electrical agencies.
11 CASEBOOK MAY BE A BAD EXAMPLE
12 DUI: STARTING OUTLINE Criminal Law I. Motor Vehicle Offenses A. DUI 1. Driving or Operating 2. Motor vehicle, engine or train AND 3. Under the influence.
13 RECALL: GALLAGHER CASE Driving is a narrow term meaning to put the car in motion. Operation is a broader term, which includes starting the vehicle or manipulating its mechanical or electrical agencies. Gallagher v. Commonwealth, 205 Va. 666, 668 (1964).
14 WHERE DOES GALLAGHER GO? Criminal Law I. Motor Vehicle Offenses A. DUI 1. Driving or Operating 2. Motor vehicle, engine or train AND 3. Under the influence.
15 DUI: OUTLINE BUILDING IN GALLAGHER Criminal Law I. Motor Vehicle Offenses A. DUI 1. Driving or Operating a. Driving i. Narrow term for motion (Gallagher) b. Operating i. Broad term ii. Examples: starting vehicle, manipulating mechanical or electrical agencies. (Gallagher) 2. Motor vehicle, engine or train AND 3. Under the influence.
16 DUI: OUTLINE BUILDING IN GALLAGHER - ALTERNATIVE Criminal Law I. Motor Vehicle Offenses A. DUI 1. Operating a. Examples i. Driving (putting into motion) ii. Starting vehicle iii. Manipulating mechanical or electrical agencies. 2. Motor vehicle, engine or train AND 3. Under the influence.
17 DUI: NELSON CASE Turning the ignition to the position that allowed the radio to operate while the engine was not running is sufficient to convict because the electrical equipment had been manipulated. Nelson v. Commonwealth, 281 Va. 212 (2011).
18 WHERE DOES NELSON GO? Criminal Law I. Motor Vehicle Offenses A. DUI 1. Driving or Operating a. Driving i. Narrow term for forward motion b. Operating i. Broad term ii. Examples: starting vehicle, manipulating mechanical or electrical agencies. 2. Motor vehicle, engine or train AND 3. Under the influence.
19 DUI OUTLINE: BUILDING IN NELSON A. DUI 1. Driving or Operating a. Driving i. Narrow term for forward motion b. Operating i. Broad term ii. Examples of Operating aa. Starting vehicle, bb. Manipulating mechanical agencies cc. Manipulating electrical agencies. 1. Radio alone is enough. 2. Motor vehicle, engine or train AND 3. Under the influence.
20 DUI: VA CODE ON ACTUAL CONTROL Proof that the person alleged to be operating was in actual physical control of the automobile is necessary to convict. (VA Code Ann ).
21 WHERE TO PLACE CODE SECTION? A. DUI 1. Driving or Operating a. Driving i. Narrow term for forward motion b. Operating i. Broad term ii. Examples of Operating aa. Starting vehicle, bb. Manipulating mechanical agencies cc. Manipulating electrical agencies. 1. Radio alone is enough. 2. Motor vehicle, engine or train AND 3. Under the influence.
22 DUI OUTLINE: BUILDING IN CODE SECTION A. DUI 1. Driving or Operating a. Driving i. Narrow term for forward motion b. Operating i. Broad term aa. But proof of actual, physical control ii. Examples of Operating aa. Start vehicle, bb. Manipulate mechanical agencies cc. Manipulate electrical agencies. 1. Radio alone is enough.
23 DUI: OVERBEE CASE Evidence that the accused was found outside a wrecked/parked automobile and the engine was not running is insufficient to prove operation. Overbee v. Commonwealth, 227 Va. 238, 315 S.E.2d 242 (1984).
24 WHERE TO PLACE OVERBEE? A. DUI 1. Driving or Operating a. Driving i. Narrow term for forward motion b. Operating i. Broad term aa. But proof of actual, physical control 1. Example: Proximity to parked/wrecked car not enough if car not operating. ii. Examples of Operating aa. Start vehicle, bb. Manipulate mechanical agencies cc. Manipulate electrical agencies. 1. Radio alone is enough.
25 UTILIZING OTHER SPATIAL STRUCTURES
26 FLOW CHARTS Estate Now? Estate Now? No? Future Interests Yes? Present Estates No? 4 Categories Does O hold it? Life only? Full & No Conditions? Yes - Reversion. No - Does it IMMEDIATELY follow a life estate? Yes? Life Estate Yes? FSA Conditions? Present Estates Does it follow FSD? Does it follow FSSCS? No - Executory Interest Yes - Remainder Interest Go to future interests to find what comes after Does it terminate by taking of 3rd party? Yes - POR Yes - RORE Does it divest O? Takes immediately on LE's death? Yes - FSSEL + EI No - Does it terminate automatically? Yes - Springing No - Shifting Yes No Yes - FSD + POR No - FSSCS Yes but share later? Vested subject to open Fulfill's condition later? Contingent remainder Yes - Vested Subject to Divestment No - Vested
27 BUBBLE CHARTS Fee Simple Absolute Fee Simple Subject to an Executory Limitation Executory Interest Present Estates Fee Simple Subjec to a Condition Subsequent Life Estate Right of Re-Entry Reversion (Held by grantor/ estate of grantor) Remainder (Held by Third party) Fee Simple Determinable Possibility of Reverter
28 HOW TO BEGIN OUTLINING
29 SYLLABUS
30 TOC OF CASEBOOK
31 LENGTH OF AN OUTLINE
32 The attack outline? TOO MUCH / TOO LITTLE
33 WHEN TO BEGIN OUTLINING
34 NOT NOVEMBER
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