OUTLINING
(the master outline)

The purpose of the master outline is to summarize a semester's worth of material in about 30-60 pages.

Signs of a good outline:

• a good outline teaches you concepts well enough to be able to spot them in a fact pattern. This not only applies to broad concepts, such as causes of action, but also to narrower concepts, like elements of the cause of action or points of analysis within an element.

• A good outline should set forth these concepts in a larger framework. For example, if the concept is an element of a cause of action (e.g., duty) it should go where you would put it in the analysis (e.g., under negligence).

And so, to end a sentence with a preposition, that's what an outline is for.

Some considerations in beginning the outlining process:

The Big Decision: to make from scratch or not to make from scratch...?

The first thing to know: making an outline from scratch isn't necessary, nor is it a guarantee, to doing well on a finalexam. In fact, there are just as many people who use old outlines to study and do well as those who make their own and did well. In other words, all other things being equal, in making this consideration, you shouldn't give extra weight to making your own outline

The key to this decision is whether or not making an outline will actually help you learn the material. In fact, this should always be the main factor affecting how you choose to study. You should never spend your time doing anything because you think it's "part of law school" or "something everyone is doing" or "some other phrase in quotes." Only spend your time on what actually makes you more prepared to take a law school exam -- your reasoning and ultimate decision should be completely based on your individual study habits.

In terms of outlining, if you're the type who learns by writing things down and formulating analyses, you may want to lean towards making an outline from scratch. If you're the type who learns by reading and making notes in margins and writing sarcastic responses to rhetorical questions overused by casebook authors, then you may want to consider editing an existing outline.

If you're not quite sure what type you are, a great way to help make the determination is to take a look at a practice final exam. Since the ultimate purpose of outlining is to help prepare you for an exam, it's good to have a concrete idea of what a law school exam is like. I feel that if you know exactly what you're preparing for, you'll quickly figure out how you would personally best prepare for it. Also, once you do make the decision to edit or make from scratch, keep the final in mind -- in fact, I would recommend having a few practice exams nearby throughout the outlining process.

(Note: practice exams can be found on the school website. On the school home page, there's a "Quick Link" that takes you to "Exams," which are arranged by professor and class).

Other things to consider in making this decision:

• availability of old outlines for your professor
• if outlines are available, you may be able to conserve some time by editing a good one.
  
• time it will take you to make an outline versus editing one
• making an outline from scratch takes a long time -- if it really won't help you learn the material better, this should be the biggest factor in favor of editing an outline.
  
• when you would like to have your outlines finished
• figure out when you would like to start taking practice exams -- that should coincide with when you're outlines need to be done. Ideally, you want to have 2-3 weeks to do exams, but even 1 week is more than most people end up with.
  
• what other things you'd like to make prior to an exam
• if you're looking to make a checklist, tiered checklist, issue-spotting outline, or anything else for the test, it will take its time. You want to make sure you have plenty of time to make these...

Keep in mind...

1. you don't have to do the same thing for each class. You can make an outline for some classes and edit outlines for other classes. Or you can do a combination: make an outline that consists of edited parts of old outlines and original parts.
   
2. deciding to edit an outline doesn't mean you can just slack off and do less work. You should be spending just as much time as someone who is making one from scratch. Except you do get to spread your time over reviewing the outlines you edited and making test-taking tools (e.g., issue-spotting outlines, checklists).
   

However, by the end of this week, you should decide, for each of your classes, whether you will be making an outline from scratch or not.

Editing Outlines

A. If there are prior outlines for your professor

1. Find an outline that you like -- good format, thorough, right length, etc.
2. Update and expand the outline with class notes, readings and commercial outlines -- you should get it to the point where it meets the Signs of a Good Outline described above.
   
3. Refer to other old outlines to make sure you haven't missed anything
   

B. If there are no outlines for your professor:

1. Find some outlines for the same subject for another professor
2. Get your syllabus for the class and figure out the broader topics that have been and will be covered
3. Cut and paste portions of the outlines corresponding to these topics in the order that they're covered in your class.
4. Now you got your outline ready for editing. See step A.

CAUTION: Prior outlines were made by prior students who may or may not have taken the time to check that everything in their outline is accurate. While editing, make sure that what's staying in your outline is actually accurate.

Also, don't feel like you have to keep an old outline more or less as it is. If there are portions of the outline that don't work for you, don't just slightly edit them -- take them out and make a new section. Or at the very least, completely rework it so it makes sense to you.

Note: Even if you choose to edit an outline, read the following section on making an outline from scratch because you will be incorporating many of the same ideas in the editing process.


Making an Outline

I can't seem to come up with a transition to the following list:

1. When putting together the analysis for a concept, put the elements of the analysis in question format. It helps to indicate exactly what the analysis entails and how you should be framing your answer on an exam:

A. Did the defendant owe a duty to the plaintiff?
1. ...
B. Did the defendant breach the duty to the plaintiff?
1. ...
C. Did the defendant's breach cause damage to the plaintiff?
1. ...

2. Issue Discussion: besides spotting issues, you should also develop the skill of arguing for and against the existence of an issue within a set of facts. I usually like to have concrete examples in my outline of situation where the issue exist and where it doesn't (hypos or cases).

3. Using Commercial Outlines: commercial outlines are really good for weeding out the black letter law. Casebooks rarely have direct statements of the law conveniently laid out for you in outline format. Emanuel's and Gilbert's are great for organizing the portion of an outline on a particular topic or issue (e.g., battery). They also have examples and hypos throughout the analysis.

4. Class Notes: though this varies from professor to professor, class notes are primarily important for (a) indicating what is covered and to what extent; (b) the professor's "version" of the black letter law; and (c) policy arguments (specifically, those favored by the professor).

(a) -- I usually organize my outline based on the order in which material is covered in class. Also, the extent to which something is covered in class is a good way to dictate the depth of the discussion it should be given in your outline.

(b) -- for example, the professor may use a particular term which is used differently in Emanuel's; or may opt for a three-factor test as opposed to a four-factor test with respect to a particular topic; or she'll specifically tell you not to use a Restatements analysis. Some professors care more about this than others.

(c) -- you can get policy arguments from the casebooks and from commercial outlines as well, but you'll usually be able to tell which one the professor supports from their lecture.

5. Exam Format: in making an outline, consider what the exam is like. The main questions:

a. is there a multiple choice section?
b. is there a policy question?

A multiple choice section shouldn't really change how you outline, but it will require you to have a solid understanding of each concept standing alone. Usually, multiple choice questions on law school exams tend to be questions about short fact patterns highlighting one or two prominent issues.

A policy question on an exam may change your outline by requiring you to add policy arguments throughout your outline or by making/editing a separate policy outline.

Streamlining

Continue to edit your outline after it's done. Keep the long version of the outline, but start streamlining the outline as you learn the material. Remove hypos and unnecessary references to cases and try to get it down to as bare of an analysis as you can. This can slowly be converted to an issue-spotting outline or at least something which will be very practical while taking the exam.

Wow, this was a really long post.