The most vexing questions to 1Ls are not on topics like briefing, highlighters, or resumes. Even a hotly debated topic like the value of rolly bags doesn’t keep law students up at night like outlining. When to start, what to include, how long to make it, what tools to use, and the value of groups are all questions that law students struggle with every year. I wrestled with them for all three years. I don’t believe I ever came up with a system for outlining that stuck for more than a semester. I tried everything in the book; some of it worked and some of it didn’t. So this advice is based more on the error part of trial and error than anything.
What is outlining?
Outlining is not the process of making an outlining. The end product of outlining does not have to be a hierarchical outline. In fact, outlining only needs an end product at all to the extent that it guides the process. Put another way, you outline in law school rather than make an outline.
In law school, outlining means the process of synthesizing all your reading, class notes, briefs, and supplements and selecting the most important parts of that great mass of information. Most students will do this by creating an actual outline, organizing all this information using bullets, Roman numerals, and indents. But you can make a mind map, a checklist, or something completely different if that helps.
When should you outline?
Outlining needs a certain critical mass before the process has something to work with. At a bare minimum, you need to have completed one of the major themes of the course. I think two major parts of the course is better so you can start to see the connections between different parts of the material.
By a major theme, I mean a big section. In contracts, that could mean once you finish formation.1 If you are really raring to go, finishing a section like offer, combined with another such as acceptance would be sufficient material to start outlining. Also don’t worry if you don’t get started until later in the semester, there will be less duplicating of work.
You should start when you feel most comfortable and you should weigh two factors. How much work are you willing to redo and how long is it going to take you to finish. At the point at which the fear of not finishing overwhelms the fear of wasting your time, start outlining. The process of outlining should be a stress relief rather than a source of stress.
The point of outlining
I’m big on the idea that there are three major levels your knowledge could be at. Outlining is a key tool in getting from Level 1 (basic overview of knowledge) to Level 3 (complete picture of the material). If all you’re doing is reading and practice tests, you get bogged down in Level 2 (knowing the details of the material).
Level 2 is a bad place to be. You’ve lost the forest for the trees. Every exception swallows the rule. You tend to get dragged down paths that don’t lead anywhere on exams. By gathering up all the information in the course and reorganizing it, you can see how those details fit into the larger theme of the area of law you’re studying. Then you’ll see the forest, the trees, and how each make the other possible.
- Formation includes offer, acceptance, and consideration. ↩
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Ahhhh, this is helpful since I’m actually outlining contracts today.
I’m calling you Jimmy “always let your conscience be your guide” Cricket. Been stalling on my Crim Outline today…so, uhh, thanks? *laughing*
Seriously tho, thanks for these tips. Much appreciated, Cricket.