Outlines serve two critical purposes:
1. Learning tool: The process of creating an outline forces you to synthesize material, identify patterns, and understand relationships between legal rules.
2. Exam resource: A well-organized outline allows you to quickly find applicable rules and cases during open-book exams.
Start early—by week 3 or 4 of the semester.
Many students wait until reading period (the week before exams). This is a mistake. Outlining should be an ongoing process throughout the semester.
Weekly schedule:
A typical course outline is 30-60 pages and follows this hierarchy:
Example: Contracts Outline Structure
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I. Contract Formation
A. Offer
1. Definition: Manifestation of intent to be bound
2. Requirements: Definite and certain terms
3. Termination of Offers
a. Revocation (general rule + exceptions)
b. Rejection
c. Lapse of time
B. Acceptance
1. Mirror image rule (common law)
2. UCC § 2-207 (Battle of the Forms)
3. Mailbox rule
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Format:
Revocation Exception: Option Contracts
- Drennan v. Star Paving (Cal. 1958): Sub-contractor's bid created option contract under promissory estoppel; GC reasonably relied.
- Policy: Protects reliance in commercial bidding context.
`5. Policy Considerations
Include the "why" behind the rules. Professors often test policy on exams.Outlining Methods
Attack Outline (Recommended)
Organize by legal issue in a format optimized for issue-spotting.Structure:
For each issue, use this template:
1. Issue spotter: What facts trigger this issue?
2. Rule: Black letter law
3. Sub-rules and exceptions
4. Key cases
5. Analysis tips: How to apply this rule on exams
This format mirrors how you'll approach exams (spot issue → state rule → apply to facts).
Traditional Outline
Follows the course syllabus structure. Easier to create but less exam-optimized.Flowcharts and Diagrams
Visual learners benefit from flowcharts, especially for complex multi-step analyses (e.g., personal jurisdiction, hearsay exceptions).Creating Your Outline: Step-by-Step
Step 1: Gather Materials
- Course syllabus
- Class notes
- Case briefs
- Textbook/supplements (E&Es, Examples & Explanations)
- Professor's practice exams (if available)
Step 2: Organize by Topic
Use the syllabus as your framework. Create major headings for each unit.Step 3: Synthesize Rules
Don't just copy case briefs. Extract the legal rule from each case and fit it into the larger doctrinal framework.Ask yourself:
- What's the general rule?
- What are the exceptions?
- How do these cases relate to each other?
Step 4: Add Practice Problem Analysis
After each rule section, add a mini-hypo and analysis. This reinforces application skills.Example:
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Rule: Contracts require offer, acceptance, and consideration.Hypo: A says to B, "I'll sell you my car for $5,000." B says, "I'll think about it." Is there a contract?
Analysis: No contract. A made an offer, but B did not accept. "I'll think about it" is not acceptance.
``1. Copying commercial outlines Commercial outlines (E&Es, Barbri) are useful supplements, but they're not tailored to your professor's focus. Create your own.
2. Over-detailing case facts You don't need every fact from every case. Include only what's necessary to understand the holding.
3. Waiting until the end of the semester Cramming an outline during reading period is stressful and ineffective. Outline as you go.
4. Not practicing application An outline is useless if you can't apply it under time pressure. Do practice exams using your outline.
5. Making it too long If your outline is 100+ pages, it's not usable during an exam. Aim for 30-60 pages.
Tips:
Memory techniques:
Outlining is time-consuming, but it's the single most important study activity in law school. The process of creating an outline teaches you the material. The final product helps you execute on exams.
Key principles: