• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Law School Toolbox®

All the tools you need for law school success

  • Tutoring
  • Courses
    • Start Law School Right
  • Job Help
  • Law School 101
  • Blog
  • Podcast
  • About

Tackling Outlining Mid-Semester

November 1, 2016 By Keri Bischoff Clapp Leave a Comment

outlining

October was the month of treats and frights. On the treat side, you can enjoy changing leaves and an ever-expanding number of pumpkin-flavored items like pumpkin beer, cookies, and hummus. On the scary side, there are haunted houses and the appearance of [too early] Christmas decorations to keep you on edge. For One Ls, the fright is real . . . October brought the dreaded question – “How are your outlines coming along?”

As the saying goes, “Winter [and exam time] is coming,” and if you haven’t started, now is definitely the time to prepare.

Take a deep breath.

Remember that point of an outline isn’t to compete with classmates; the point is to synthesize what you have learned, fill in gaps, deepen your knowledge, and prepare yourself to tackle your final exams. Yes, you have a lot of work to do but you are up to the challenge.

Gather your tools & remember your goals.

Gather your syllabus, class notes, casebook, case briefs, and a supplement if you have one. These are the raw materials you will use.

Next, clarify your goals. You need to create a well-organized outline that presents the material accurately and fully, and in a way that makes sense to you.

Before you start, set a production goal for yourself. You will stay focused until a specific topic is completed or until a certain amount of time has passed. When your mind starts to wander, take action to refresh your attention.

Create the skeleton for a unit of study.

To continue the Halloween theme, start with a skeleton of the topic that you are going to outline. The bones of the skeleton are the rules of law that you have learned.

You probably spend the bulk of class time discussing cases, so it is typical that many One Ls use these cases as the skeleton of an outline. The problem with this approach is an outline is used to prepare you for exams, not for class; rules are the tools you need to solve exam questions. Generally, you won’t even need to know the names or facts of particular cases, but you will need to know the rules and how to apply them. Cases are necessary but they aren’t the bones of your skeleton.

Use your syllabus as a guide to the topics you have covered. If your syllabus is organized around cases, consult your casebook table of contents or a supplement to see where a group of cases fits into an overall topic. Create your skeleton before you get into the details.

Start with the black letter rule.

Write out the full black letter rule before you break any rule into its parts or elements. This helps you see the “forest for the trees” and also can refresh your recollection when you review the topic down the road. Remember that you are going to keep learning and covering additional units of study between now and the end of the year and your brain is going to get even more crowded than it is now.

Break every rule into its elements.

Use your class notes and a perhaps a supplement to make sure that your skeleton accurately shows how elements relate to each other. For instance, do all elements need to be satisfied? Does your rule have one or more exceptions?  Is there a balancing test? In order to understand a rule, you must clearly understand the relationship between the elements; show this relationship in a visual way to help cement it in your mind.

Add flesh to your skeleton.

Underneath each element of your rule, show how an element is satisfied; this is where your cases and class notes become critical. How do courts look at this element? What facts make a difference in the outcome of the case?

Look for how cases explain parts of the rules. Even on this micro-level, try to lead with the law rather than the case name.  Ask what each case adds to what you know about a topic and include that knowledge. Look for trigger facts in cases; trigger facts are the key facts that satisfy parts of the rule and they will show up in exam questions.

Include important case names with blurbs to help you recall how the rule is applied, but don’t fall into the space-wasting trap of recreating mini-case briefs. Include hypotheticals that the professor used to show how what facts make a difference in the application of the rule. Add policy considerations; consider using a text-box next to your rule or a different font or color text to make it stand out. Keep focused on the take-away tools—what you need to solve exam problems–while you add flesh to the skeleton.  

Find a format that works for you.

You may want to use one of the automatic outline features on your computer or you may find that creating another format works better for you. For instance, one of my students used a newsletter template for each topic that had a large banner headline with the full rule at the top of each page. This template would allow you to put the fleshed-out rules in the main column, reserving the narrower right-hand column for items such as policy or attack plans. Another former law student used large sheets of paper that were put up around the room in order to see the big picture of a subject. Do what works for you. 

Get started.

Good luck on those outlines and remember that you are arming yourself with the tools you need to be successful.

Check out these links from Law School Toolbox for more outlining tips.

— – —

Want more outlining tips? Sign up for our free mailing list today.

And check out these helpful posts:

  • Is Tryptophan Plus Outlining a Recipe for Disaster?
  • Law School Outlining: Can Your Outline Be Too Long?
  • Need Help Outlining for Law School Finals?
  • How to Make a Useful Law School Outline

Image Credit: Shutterstock

 


 

Looking for some help to do your best in law school? Find out about our law school tutoring options.


About Keri Bischoff Clapp

Keri Bischoff Clapp is a tutor for Law School Toolbox and Bar Exam Toolbox. Keri’s love for writing led her to journalism school and then directly to law school, which she absolutely loved. Keri was an executive editor and published author of the University of Pennsylvania Law Review. After law school, she learned many life and professional lessons by clerking for a woman federal District Court judge in Philadelphia. Keri then joined a large Philadelphia law firm as a litigation associate and later worked as in-house and trial counsel for a U.S. government office.

The next act of Keri’s career brought her into the classroom to teach undergraduates and law school students. Among other courses, she has taught business law, legal research and writing, and bar exam preparation.

Reader Interactions

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Primary Sidebar

  • Podcast
  • Facebook
  • RSS
  • Twitter

About Us

If you find law school tough, you are not alone! The Law School Toolbox team is here to help you through it. Check out our helpful free content, podcasts, courses and one-on-one tutoring. Thanks for stopping by and drop us a line if you have any questions. We also invite you to join our weekly mailing list, for advice right to your inbox.

Recent Posts

6 Ways to Challenge your Legal Mind in 2023

6 Ways to Challenge your Legal Mind in 2023

Law school can be draining. Whether you are a stressed out 1L or a worn out 3L, you may have forgotten that part of you that hungered for the … Read More about 6 Ways to Challenge your Legal Mind in 2023

Podcast Microphone

Podcast Episode 375: Quick Tips — Getting on the Law Review Board

Welcome back to the Law School Toolbox podcast! Today, in an episode from our "Quick Tips" series, we're talking about how to give yourself the best … Read More about Podcast Episode 375: Quick Tips — Getting on the Law Review Board

5 Ways a Law School Resume is Different from a College Resume

5 Ways a Law School Resume is Different from a College Resume

As the 1L summer job search gets into full swing, it’s time to make sure your resume is up to date and ready to send out to employers. If you’ve only … Read More about 5 Ways a Law School Resume is Different from a College Resume

Podcast Microphone

Podcast Episode 374: How to Be a Great Law Journal Member

Welcome back to the Law School Toolbox podcast! Today, we're talking about how to be a great law journal member, whether you're on Law Review or a … Read More about Podcast Episode 374: How to Be a Great Law Journal Member

Bluebook 101 - Tips on Efficiently Navigating The Bluebook

Bluebook 101 – Tips on Efficiently Navigating The Bluebook

There are podcasts and blog posts alike on the many nuances of The Bluebook. But first, what even is The Bluebook? Calling all 1Ls—this is your bare … Read More about Bluebook 101 – Tips on Efficiently Navigating The Bluebook

Want Better Law School Grades?

Sign Up for Our Exam Tips!

Footer

  • Podcast
  • Facebook
  • RSS
  • Twitter
  • YouTube
  • Blog
  • Podcast
  • Tutoring
  • Courses
  • Job Help
  • About
  • Contact
  • Login
  • Privacy Policy
  • Terms & Conditions
  • Refunds

Copyright 2023 Law School Toolbox®™