Bus-Law note-taking & summary techniques on-line tutorial



Note Taking and Summary Techniques Accessibility

For the Faculty of Business and Economics Law Units

Use this document as an alternative to the online interactive tutorial

Contents

Note Taking and Summary Techniques Accessibility 1

For the Faculty of Business and Economics Law Units 1

Use this document as an alternative to the online interactive tutorial 1

Screen 1.1 Title Slide - Note-taking and summary techniques for the Faculty of Business and Economics Law Units 2

Screen 1.2-How to use this tutorial 2

Screen 1.3-Tutorial Objectives 3

Screen 1.4-Introduction 3

Screen 1.5-What is different about Business Law units 4

Screen 1.6-Examples of Unit Objectives 5

Screen 1.7-Academic expectations: Open Book Exams 6

Screen 1.8-Activity: Note taking quiz 7

Screen 1.9-Question 1 of 5 8

Screen 1.10-Question 2 of 5 9

Screen 1.11-Question 3 of 5 10

Screen 1.12-Question 4 of 5 11

Screen 1.13-Question 5 of 5 12

Screen 1.14- 13

Screen 1.15-Types of Note Taking Techniques 14

Screen 1.16-Why Take Notes? 15

Screen 1.17-Cornell Technique 16

Screen 1.18-Flow Chart Technique 17

Screen 1.19-Linear Note Taking Technique 18

Screen 1.20-Concept/Mindmap Technique 20

Screen 1.21-Techniques for Summarising Cases 22

Screen 1.22-Managing your Summary Notes 23

Screen 1.23-Evaluating Effectiveness 24

Screen 1.24-More information 25

Screen 1.1 Title Slide - Note-taking and summary techniques for the Faculty of Business and Economics Law Units

Title page showing student taking notes from a book.

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This tutorial will help you develop relevant skills to create well-structured summary notes that will assist you with ongoing revision throughout tests and exams, as well as a resource throughout the exam.

This tutorial will take approximately 15 minutes.

Screen 1.2-How to use this tutorial

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Within the tutorial you will be provided with information, as well as interactive activities.

Screen 1.3-Tutorial Objectives

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This tutorial will help you develop skills to:

1. Recognise the importance of effective note taking and summary techniques for business and economics law units.

2. Apply note taking and summary techniques to produce effective individualised summary notes.

3. Evaluate the effectiveness of individualised summary notes to solve legal problems.

Screen 1.4-Introduction

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Business related law units have a particular way of using language to develop, present, and explain arguments. This involves complex writing structures which refer to legal concepts that include technical words and terms.

The adversarial nature of common law also underpins how students are required to think when resolving disputes embedded in legal problems. This includes the identification and application of relevant cases from well-structured summary notes. Students accustomed to management, accounting and marketing units can find this unfamiliar way of thinking and working challenging.

Screen 1.5-What is different about Business Law units

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Some units are content based and examine what you know. Other units are more skills based and examine what you can do. If you understand these differences, this will influence how you study for particular units. You will see that business law is a combination of content (learning the rules) and skills (arguing in an adversarial manner, questioning and applying).

To understand how business related law units are different to other Faculty of Business and Economics units. It is useful to take a quick look at unit objectives.

Normally the student would click on the highlighted words unit objectives to see examples (see below).

Screen 1.6-Examples of Unit Objectives

Slide shows examples of unit objectives.

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What is different about Faculty of Business and Economics law units?

By identifying the verbs (or direction words) used in unit objectives we can better understand how we need to study for a particular unit:

Identify: Examine common commercial law scenarios relating to: the supply of defective goods and services; contract disputes; misrepresentations; agency relationships; partnership law; and company law

Examine: Analyse and apply the laws to predict possible legal outcomes

Explain: Examine and apply the law of negligence, with particular emphasis on the law of negligent misstatement

Apply: Examine and apply the law of agency, with particular emphasis on its application to partnerships and corporations

Identify, explain and apply legislation and case law to the internal and external regulation of the corporations, and the operations of trusts

BusEco law units are the types of units that require you to apply the knowledge you have learned

Screen 1.7-Academic expectations: Open Book Exams

Image shows students carrying large piles of books.

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Assessment is usually an open book test and exam. As a student you will be expected to apply legal principles, as well as recognise and understand them. So, you are being tested on what you can do, as well as what you know.

This should inform how you study for these units. Simply reading the textbook alone will not be an effective approach to study. Practising the identification of legal issues and application of legal principles to problems will be an effective approach to study. This includes using your summary notes to practise planning and writing answers to hypothetical problems.

Screen 1.8-Activity: Note taking quiz

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There are 5 questions in the following activity about note taking. These are just to get you thinking about your current approach to note taking.

This is a specific feedback activity, so don’t worry if you don’t get the answers correct. The feedback will point you in the right direction.

To answer a question, the student would normally select a response and then click submit.

To skip an answer, or once feedback has been given for a question, the student would normally click next. To clear an answer, the student would normally, click clear.

The student would normally click start to begin the quiz.

Screen 1.9-Question 1 of 5

Question 1 of 5

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The notes you take should

When the student selects

o Be copied directly from your textbook

Response: Apart from key definitions and concepts that require a precise understanding, it is usually more beneficial to put notes in your own words.

When the student selects

o Only be in one note taking style

Response: There are a variety of note taking techniques, some of which we will be going through in the module. Depending on the kinds of notes you are taking, each technique has its own benefits to your learning.

When the student selects

o Be in your own words

Response: Apart from key definitions and concepts that require a precise understanding, it is usually more beneficial to put notes in your own words.

Screen 1.10-Question 2 of 5

Question 2 of 5

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I have developed my own method of note taking that suits me and my particular learning style.

When the student selects

o True

Response: While it is essential that you are comfortable with the note taking style you use, the style may change depending on the nature of the notes you are taking. For example, you may use a different style when taking notes on cases, than when taking notes on other areas of law.

When the student selects

o False

Response: This module will assist you in deciding the kinds of note taking styles you would feel comfortable using, as well as guide you through the advantages of various note taking style, and when each could be applied.

Screen 1.11-Question 3 of 5

Questions 3 of 5

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I add to and review my notes regularly throughout the semester

When the student selects

o True

Response: Well Done!! The purpose of revision is to check your understanding, make links between unit content, reinforce your learning and identify and fill gaps in your knowledge. Adding to and reviewing your notes regularly will assist you in achieving this.

When the student selects

o False

Response: It is important to review your notes regularly to check your understanding, make links between unit content, reinforce your learning and identify and fill gaps in your knowledge.

Screen 1.12-Question 4 of 5

Question 4 of 5

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You should edit your notes to ensure that:

When the student selects

o Your notes are effective in covering the required content and structured in a way that allows for efficient use during an examination

Response: To ensure your notes are covering the required content, at the end of this module is a checklist on how to evaluate the effectiveness of your notes.

When the student selects

o All possible details are included

Response: Using unit objectives and expectations as a guide, you will need to determine what information needs to be included in your summaries. It is unlikely that you will need to include all possible details.

When the student selects

o Complete sentences are being used

Response: It is not necessary to write in completes sentences. Brief and concise statements or key phrases are most practical.

Screen 1.13-Question 5 of 5

Questions 5 of 5

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Why should you take good notes?

When the student selects

o So you don’t have to revise

Response: You still need to revise, even if it’s an open book exam, so that you are familiar with key topics and concepts and don’t spend too much time trying to find relevant notes.

When the student selects

o To make sure you remember every detail of a topic

Response: You will need to be familiar with key topics and concepts so that you can recognise legal issues and related law; however, as Faculty of Business and Economics law units have open-book exams, well-structured and usable summary notes should contain most of the detail require.

When the student selects

o To solve legal problems in the most efficient manner

Response: Effective notes will assist you to solve legal problems in the most efficient manner; however, the process of creating good summary notes is also an effective form of active revision.

Screen 1.14-

Image shows a student taking notes.

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These questions were intended to provide you with an opportunity to think about how you take notes.

Now we will look at some note taking techniques that you may find effective in managing this unit.

Screen 1.15-Types of Note Taking Techniques

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There are many different types of note taking techniques; different types of note taking techniques will suit different approaches. Helpful techniques that will be addressed further in the module are:

Linear

Mind maps

Flow charts

Cornell

Screen 1.16-Why Take Notes?

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It is not helpful to simply rewrite lectures or the prescribed text. You need to condense the ideas presented in lectures, during tutorials and in prescribed readings.

Prior to your lecture, it is expected that you have read and taken notes from the set readings. During your lectures you will also take notes.

The student would normally roll over the terms below to find out more information on why you take notes.

When the student rolls over Recognise

Response: Become familiar with the principles of law

When the student rolls over Understand

Response: Understand the legal issues relevant to each topic

When the students rolls over Apply

Response: Help you apply legal principles to address the legal issues

Screen 1.17-Cornell Technique

The image shows an example of the Cornell Technique.

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The Cornell note taking method serves multiple purposes:

To serve as notes from the lecture or readings, so that you have a record of information you may have forgotten

To provide a summary of what was covered in the lecture or reading, which you can easily look through

To develop a set of key points and/or questions that serve as a mini study guide

Advantages:

This method of note taking is useful because it enables you to keep track of questions or thoughts that occur to you while making notes and during revision. It also allows you to go back and add comments to a page of notes or connect ideas from one source to another.

When to use:

Consider this method to summarise broader topics.

Example

CUES

▪ Main ideas

▪ Questions that connect points

▪ Diagrams

▪ Prompts to help you study

WHEN-after class during review

NOTES

▪ Record the lecture here, using

▪ Concise sentences

▪ Shorthand symbols

▪ Abbreviations

▪ Lists

▪ Skip lots of space between points

WHEN-during class

SUMMARY

▪ Top level main ideas

▪ For quick reference

WHEN-after class during review

Click the link below for a Word document version of these notes.



Screen 1.18-Flow Chart Technique

Image shows an example of a flow chart.

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The flow chart method is a visual approach to note taking.

Advantages:

This method of note taking is useful because it helps you visually track content and is good at highlighting processes.

When to use:

Consider this method when you need to summarise a process, which will be important in many areas of law you study.

Example:

Start-Process1-Decision-No-(Process 2) or Yes-(Process 3)

Click the link below for a Word document version of these notes.



Screen 1.19-Linear Note Taking Technique

Image shows an example of linear note taking.

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Linear notes are those which follow the order of the points made in the topic or lecture. To better use this note taking technique:

• use a precise structure

• take care to identify main points clearly

• leave plenty of space for examples, references and definitions.

Advantages:

Ensures a systematic approach to note-taking made up of sequential headings and sub headings.

When to use:

Consider this method to summarise large amounts of information.

Example

Has the defendant breached their duty of care?

Determining if there is a breach of duty of care involves 2-stage test:

1. Determine if risk was reasonably foreseeable – a person is negligent in failing to take precautions against a risk of harm if:

a. There was a foreseeable risk

b. The risk was significant

c. A reasonable person in the position of defendant would have taken precautions

All 3 requirements must be satisfied for negligence to be established

2. The Court should consider a number of factors in determining whether a reasonable person would have taken precautions against a risk of harm, including:

a. The probability that the harm would have occurred if care had been taken

▪ Considered objectively

▪ Bolton v Stone [1951] AC 850

b. The likely seriousness of the harm

▪ Considered objectively

▪ Paris v Stepney Borough Council [1951] AC 367

c. The burden of taking precautions to avoid the risk if harm

▪ Onus on plaintiff to identify precautions defendant should have taken, and then to show that burden of cost, difficulty and inconvenience involved was not unreasonable

▪ Woods v Multi-Sport holdings (2002) 208 CLR 460

d. The social utility of the activity that caused the harm

▪ Some activities are more worth taking risks for than other, e.g. playing sports has health benefits for the individual and for the community in terms of a healthier population, but sports also carry a higher risk of injury to a participant than to someone who does not play sport

▪ Wyong Shire Council v Shirt (1980) 146 CLR 40

Click the link below for a Word document version of these notes.



Screen 1.20-Concept/Mindmap Technique

Image shows an example of a mind map.

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In a concept / mind map, the lecture theme is written in the centre of the page, with the different topics of the lecture branching out.

Advantages:

This method forces you to focus on the key issues and areas. It does not have a rigid hierarchy of ideas; it allows you to note down concepts and issues during a lecture or when you are reading and consider their relative importance when you review the notes.

When to use:

Consider this method to arrange complex ideas, particularly if you are a visual learner.

Example

Conventional Negligence Analysis-The defendant owed a duty to the plaintiff-Defendant had a duty to obey traffic laws

Conventional Negligence Analysis-The defendant breached their duty-Defendant made an illegal left turn

Conventional Negligence Analysis-The breach of duty caused injury-Defendant hit the plaintiff’s car-Plaintiff’s arm was broken in the crash

Click the link below for a Word document version of these notes.



Screen 1.21-Techniques for Summarising Cases

Image shows a judge in a court room and an example of linear case notes and in table format.

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In business law subjects, you are required to find and apply legal principles, citing cases as evidence in your writing. Therefore, once you have identified important cases you must summarise them. The summary must include key facts as well as the principles of law that underpin the decision. Facts are vital to a useful summary because without the facts you will not be able to argue by analogy.

Case summaries can be prepared in linear form, or you may choose to present them in tables for easy reference.

Example one summaries the key facts and outcomes of the case. Further information on the case could be sought via a textbook reference at the bottom of the summary.

Example 1 Linear case notes

Case: Byrne & Co v Leon van Tienhoven

Facts: Van Tienhoven offered by letter to sell goods to Byrne. Byrne cabled acceptance. However, before this, Van Tienhoven had posted letter revoking offer. This revocation letter was received by Byrne after acceptance was cabled.

Held: Van Tienhoven was bound by the agreement. NB. Postal Rule. Acceptance occurs when letter is posted. Revocation isn’t effective until it has been received. So acceptance occurred first.

Example 2 Table Format

|Issue/Topic |Case |Facts |Held |

|Contract |Byrne & Co v Leon van Tienhoven p.274|Van Tienhoven offered by letter to |Van Tienhoven was bound by the |

|Postal rule | |sell goods to Byrne. Byrne cable |agreement. NB. Postal Rule. |

|Revocation | |acceptance…etc |Acceptance occurs…etc |

| | | | |

| | | | |

Click the link below for a Word document version of these notes.



Screen 1.22-Managing your Summary Notes

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Use a precise structure.

Consider using a folder or binder notebook with clearly distinguishable sections.

Use tags, notes and/or colour scheme to arrange major sections.

Number your pages.

In addition to outlining the major sections of your summaries, ensure that your contents page outlines smaller important elements of business law for easy location.

Test and improve your notes.

Ensure that you use a consistent approach throughout the semester.

Screen 1.23-Evaluating Effectiveness

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Are there any ways that you can improve your summary notes?

In the online tutorial version of this document the student rolls over the questions below, which displays each response.

When the student rolls over “What have you covered?”

Response: Have you covered all topics?

Have you covered key legal concepts?

Have you covered key cases?

Have you used a logical structural that you can easily follow and use in an exam situation?

When the student rolls over “How have you used your notes?”

Response: Have you used your notes to plan an answer to a legal problem?

Have you used your notes to plan and write a complete answer to a legal problem?

When the student rolls over “What are you able to do with your notes?”

Response: Were you able to recognise the relevant legal issues in the problem?

Were you able to locate all relevant legal concepts?

Were you able to locate all relevant cases?

Were you able to find all relevant information in timely manner?

Click the link below for a Word document version of these notes.



Screen 1.24-More information

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Congratulations!

You have come to the end of the online tutorial. We hope you have found this information useful, and will help you with your studies of law units within the Business and Economics Faculty.

If you have any questions you can attend a drop-in session at any of the campuses, and see a Learning Skills Adviser or a Librarian. You can also look at the following resources:

Q-manual (URL: )

Library Classes Booking system (URL: )

Recommended Textbooks:

• How to study business law: reading, writing and exams

• Student’s guide to legal writing, law exams and self assessment

References

Bill Daniels Law Office (2008). Using rule based analysis and mindmapping to make a stronger point in personal injury cases. Retrieved from

Crosling, G.M. & Murphy, H.M (2000). How to Study Business Law, (3rd ed). NSW: Butterworths

Dees, J (2010). Top 21 Note-taking Strategies that Will Help Students Score Better on Tests. Retrieved from

PLS Online (2007).Concept Maps. Retrieved from

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