Outlining when you don’t even know where to begin

It is now getting further into the semester, and you may be hearing from professors, other students and upper classman that it is now time to outline. However, if you are like most first years, you are wondering what that means. You may also be hearing that you do NOT need an outline, and this is untrue. A student once told me that outlining was “overrated.” Naturally, I asked him why he thought this. His response was “if you take good notes and basically understand what is going on in class, you do not need an outline.” The problem with this logic is that outlining has nothing to do with how well you read your cases, understand the subject matter or how neat your notes are. Outlining is taking every piece of information you have learned and putting it into a Big Picture. Without seeing the Big Picture, you will NOT be able to answer an exam question well. Remember that exams in law school are NOTHING like they were in undergrad, which means you have to change the way you study. Instead of repeating what was in your reading and notes, you have to APPLY what was in your cases and note, and to d that, you need to get an idea of the big picture. So get on board with outlining!

WHEN DO I OUTLINE?

First and foremost, NOW is the time to start outlining, and you will not stop until your classes are over. You should be updating your outline as you go. Take out your syllabus, your book and your notebook and figure out when you will be completing major “sections” in the course. While you will be reviewing and understanding all along, block out time at the end of each “section” and devote it to bringing that section together. While putting it together, you can also fill in some gaps or clarify some points with your own notes, the book, your Professor’s office hours, commercial outlines or some examples and explanations. Do not put off outlining until the end of the semester, when you only have a week or two before exams. By that point it may be too late to fill in those gaps you do not understand.

SO WHAT IS AN OUTLINE?

The number one thing you must remember is that an outline is PERSONAL. I also want you to stop thinking that there is ONE way to outline, or one PERFECT outline. That’s simply untrue, and your outline may look completely different from your neighbors, and you might still both get As. While all outlines have some common elements, it is your own unique creation based on how you personally learn. n addition, your outline is for YOU, and you alone. Most professors (and there might be exceptions) do not collect outlines, so bear in mind as you write it that it is only for YOU.

In essence, your outline should contain the black letter law, very short case summaries, and other important information that helps you master that particular topic or sub-topic. Other than that, it can be handwritten on a napkin or created into a powerpoint just as long as it WORKS FOR YOU. It is a guide for you to study. And more importantly, it is a way to ensure that you understand what is going on in your course. Do not merely copy and paste from your notes, and do not merely copy commercial outlines.

To start, you want to be rewriting, or retyping, your notes, in your OWN words. This is so you remember things more clearly, which is one goal of an outline, but more importantly, if you can rewrite a concept, be it legal or otherwise, in your own words, then you know you understand that particular concept. If you struggle to rephrase a legal concept, or come up with examples, you know that you need to go back and learn that particular concept. This is the PROCESS of outlining that is important – periodically ensuring that you understand what is going on in class, and in your reading.

In addition, your outline should be CONDENSING your notes from class, not merely repeating and rewriting your notes. This is also your opportunity to combine class notes, case briefs, bits of information from commercial supplements and supplements and put it all together.
Also, note the difference between YOUR outline and a commercial outline. A commercial outline is useful if you are terribly lost, or if you have trouble understanding a particular concept. However, bear in mind that it should NEVER replace your own homemade outline. This is because, as stated earlier, the PROCESS of outlining is key. In addition, every professor and every class is different, so a commercial outline might not highlight what your professor does.
Now, get cracking!

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Electronic Case Books? On Kindle?

It might be a possiblity....

So, case books in electronic format. It would sure be a lot lighter, and easier to carry around, but personally I would find it harder to read, and clearly impossible to highlight!

Thoughts?

If you ever think you are too old...

Think again! I have a lot of students that feel that they might be too old to start law school, or take the bar.

Well, 81 year old woman proves you all wrong! you are NEVER too old to start a new career, or follow your passions.

How To Prepare for Class

If you are reading this, you are probably in your first few weeks of law school, and are slowly realizing that law school is much different from any other school experience you have ever had. You have also most likely come to realize that you have no idea how to prepare for class, and that is where I come in to help.

First and foremost, remember that class is an opportunity to learn. Repeat that with me, “OPPORTUNITY TO LEARN.” I stress this because many of you will become intimidated by class, especially the Socratic method. The Socratic method is where the professor doesn’t merely lecture, but calls upon the class to answer questions and discuss issues. But, class doesn’t have to be intimidating. Traditionally, a law school class goes something like this:

Professor: Miss Jones, what was the holding in Smith v Smith?
Miss Jones: uh…………….
Professor: Ok, Miss Jones doesn’t know, what about you Mr Smith?
Mr Smith: uh……

You get the idea. This can be very daunting. Don’t let it be. Remember that, yes, participation is part of your grade, but as long as you read the case and can answer something reasonably related to the discussion, you are going to be ok. Also remember that everyone else in class is just as nervous as you are, even those classmates that seem too cocky to be nervous. The professor expects that you have read the case, not that you know everything you are supposed to know about the law. If you could understand everything merely by reading the assignments, you would have no need for class, so keep that in mind!

So, it’s tempting to focus on having the answers and not being embarrassed. Now, I won’t advise NOT having the answers, but instead of focusing on knowing it all before getting to class, remember that class is STILL an opportunity to LEARN. And that’s why I’m going to tell you how to best prepare for that learning experience, and what do during and after class.
Before Class: you want to read all assignments, especially any particular rules. For instance, if you are taking a civil procedure class, or any other “code” based class (a “Code based” class is anything that follows a particular statute book or “Code”, like The Federal Rules of Civil Procedure or The Federal Rules of Evidence), always start with the code. These codes, or statutes, are the LAW for that particular class. I can guarantee you will not immediately understand the particular statute you are assigned to read. Sure, you might understand it in the sense that you can read the words and understand what they mean in plain English, but what does this mean LEGALLY. Well, that’s when you read the cases, which are generally the second part of your assignment. All of this is called being prepared, which is NOT the same as completely understanding everything prior to class. You need to have read all statutes and cases assigned so you can follow along in class and make your class time effective.

So, you might be asking, how does one read a case? Good question, and the answer might seem obvious since if you’ve made it to law school, you know how to read. However, cases can be tricky. First, you want to read it at least once, to sort of get a feel for the “story” of the case, then you want to read it with an eye towards briefing the case.

There are plenty of ways to brief a case, and everyone you talk to will have a different opinion. (Some examples, http://www.4lawschool.com/howto.htm , and http://www.lib.jjay.cuny.edu/research/brief.html ). Essentially, a case brief is just a summary of the case, a cheat sheet if you will. However, before briefing a case it is important to know WHY you are briefing a case. First, and foremost, you want to be able to follow the class discussion, and be prepared should you be called upon. Though, more than that, cases are the way you understand the law. If you have a code based (or statute based) class, your cases help you explain those statutes. If you are not lucky enough to have a statute, your cases become the rule of law, and you have to read them to ascertain that law. So, the purpose of a case brief is to 1) help your understanding of the case and 2) give you a quick reference both for class, and for exam review. Also, understand that you might have to read the case multiple times to truly understand the purpose of the case.

Even though there are many different ways to accomplish this, here is a general model

Title (e.g. Jones v Smith)Citation (e.g. 410 U.S. 113 (1973))
Note: Both the title and citation are used for your reference. It might be tempting to just put a title, and it’s not the end of the world if you leave off a citation, but trust me, it will come in handy and it’s easier to take the extra minute to put it at the top of the paper then go back and look for it later if you need it. In addition, it’s just good practice, in law school and in the practice of law, you need to cite EVERYTHING. And I do mean everything, so get used to it.
Facts: Summarize the facts of the case. Do not get overburdened with too many facts, you just want to have an idea of what the case was about; who did what to whom? Summarize is key here, as you do not need to write down every nuance, just enough so that you can apply the holding to the facts at ahnd.
Procedure: In this section, you want to list what happened in the lower court(s). Do not go into too much detail, as this is hardly the most important part of the brief unless you are in Civil Procedure. Essentially, you want to get an idea of the journey your case took, as it will help you understand the language used in the holding.
Issue(s): What is/are the question(s) facing the court? What does the court need to decide? The “issue” spot is going to be hard at first, as it may be difficult when you first begin reading cases to spot the exact issue. In addition, there might be more than one, and that’s ok. How you frame the issue might also depend upon your professor.
Holding: How did the court answer the issue question(s)? YES/NO?
Reasoning: This is the most important section of your case brief. Here you want to list the reasoning of the majority in reaching its decision. This is where….. the meat of your brief should be, as this is WHY you are reading cases. Not only will this be the section discussed most in class, but this will be what you need when it comes time for exams. You need to not just know the court’s decision, but the WHY. You will hear me say time and time again, and my students certainly tire of it, the law is all about the WHY. When you are writing exams, you never want to be conclusory, but explain the WHY.
Concurring/dissenting opinions: This might not always be necessary, and sometimes the concurring or dissenting opinions won’t even be in your book. However, there are instances where the dissent gave quite important rationale, and you want to remember that. There are also some professors that love discussing concurring and dissenting opinions and you want to be prepared for that.

So, now you are prepared for class. You’ve read the statutes, you’ve read the cases. So what do you do with them? Well, as I said before, you use class as an opportunity to learn. Actively listen to class, do not be so consumed with taking notes that you miss out on actually LISTENING.

Don’t get me wrong, you want to take notes, especially on things that your professor is stressing, since your professor will be writing the exam. This is why preparation and briefing is key. A good idea is to take notes on a laptop; you can brief you cases and then add class notes in a different color or font. This way, you do not have to waste precious class time writing down facts, holdings, and other things you’ve already written down, and can instead focus on the new things your professor is telling you. Always remember that you can learn a lot about what your exam will cover by how much time your professor spends on a subject, and what areas they stress. Plus, if you are lucky, your professor can explain a rule of law much better than the judge who wrote the case you just read did. This is why you want to actively listen in class and get as much out of that time as you possibly can.

After class review your notes and be sure you understand the topic of the day. If you do not, this is the time to seek out a law tutor (like me!) or a supplement. Also, do not underestimate the benefit of meeting with your professor to discuss problems you are having. After class you also want to update your outline. Just like case briefing, there is no one perfect outline. An outline should be a synthesis of material; you are condensing the things you learned in class. You want to rewrite things in your own words, to ensure you remember and understand them.
If you keep up with this type of study schedule, you should never feel like you’ve fallen behind.