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Essay Exam Exam Preparation Study Technique

How to Make a Law School Outline

Do you need to learn how to make a law school outline? Your outline is, nothing more and nothing less, than your blueprint for doing well on the exam. This means understanding law school exam grading, which I cover in detail in the episode called Law School Exam Grading.

First, let’s discuss what you should NOT do when creating a law school outline. A mistake that many law students make is to take their class notes, rearrange them a bit, and then place them into their outline. That is not an outline, but rather a rearranged set of notes.

Also, do NOT include facts from cases discussed in class. The only thing you need from cases discussed in class are the rules from those cases.

So now let’s talk about what should go into an outline. The first thing you need is a framework for the course. I recommend that you take the table of contents from your assigned book, or the course syllabus, and use that as a starting point. You might change the format as you go along, but you need to have something to get you going.

The Rules

Second, place the rules that you learned into the outline. The rules and exceptions to the rules need to be as concise as possible, and written in your own words. For example, suppose you have a case from 1894 and the case states the rule as follows: the wrong inflicted, when the defendant so did with intent, and with force that contacted the victim’s person, must result in adequate compensation for that injury. Now let’s take that archaic language and write something like this: A defendant’s intentional action will result in the defendant paying for all damages. So see what I did there? I took that old language, rearranged it, and turned it into something that we can understand today. Generally, law school exams will only test you on the black letter law.

Third, if the professor tells you, or strongly hints that something is going to be on the exam, then make a note of that in your law school outline.

Fourth, if you know your professor will test you on policy, place the policy arguments in the outline. More on what to transfer from your class notes in the episode “Taking Notes in Law School: The Content.”

Fifth, think about the size of your outline. Since the outline is the primary tool you’ll be using to crush your final, it must be useable. This means short and to the point rule statements that you can use on the exam. Think about it. You will remember a 15-word rule statement a lot better than a 22-word rule statement. This article provides a good example of what an outline could look like.

When to Look at Another Outline

Finally, when you have worked as hard as you can and you believe you have the perfect law school outline, then, and only then, look at an outline that someone else created. As I noted in my last episode, “Why Create Your Own Law School Outlines,” it is critically important that you first work on the outline by yourself because that will help you learn the law better. When you see the differences in the two outlines, don’t just make the changes. Think about the differences. Ask yourself, why is there a difference? You may find that your outline that you wrote is better in a particular area, or, you may find that you missed something. Once you’ve discovered your errors, go back and find out why you made those errors as that will reveal gaps in your knowledge, and potentially in your understanding of the law. If you stop and reflect, you will learn the law in a way that will help you get a higher score on the exam.

Those who rely solely, or heavily, on commercial outlines created by others create the illusion that they know the law. But they are failing to make the connections that are necessary to get high grades.

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Exam Preparation law school academic success Study Technique

When to Use Law School Study Aids

Have you wondered when to use law school study aids? Perhaps you have heard some 2Ls or 3Ls talk about certain study aids that helped them get an A in a class. Maybe one of your friends bought one of those 3L’s study outlines. If you are considering using a commercial study aid, please read this first to learn how to effectively use these study aids.

Commercial Law School Study Aids

A commercial study aid is anything other than what you created. This can be outlines, hornbooks, treatises, notes from a prior year, case briefs, audio, video, anything that you did not create is what I include in the concept of a commercial study aid.

In my first week of law school, my professors told me to never ever use law school study aids. I now understand why they gave their students that advice. This was because most students use study aids that hurt their chances for success. For example, study aids used the wrong way will create a false sense a mastery that results in lower grades. I’m not telling you that you will fail law school. But you may remain a B or C student when you could be an A student.

Canned Case Briefs

The one study aid that you should never use is the case brief. A case brief is when someone else has read the case and provided you with the relevant facts, issue, and rule of law. Since this is the one study aid that I am telling you to avoid, let me tell you why. The sole purpose for reading cases is class preparation. So in all likelihood, your professor will cover the case in class. It is okay to go to class not fully understanding every case you read as long as you truly worked through it and tried to understand it before class. If you want to learn more about this, check out my video on how to brief a case.

Most students believe they have to go into class as experts or their professor will destroy them. That may have been true years ago but today, the vast majority of professors will work with students if they are struggling with understanding a case as opposed to not having read the case at all. It is through struggling through the law that you learn, not by reading someone else’s notes. (For more information, watch my video on how law school professors operate).

Available Law School Study Aids

Now let’s look at all the resources that provide the black letter law. These resources include hornbooks, treatises, outlines, audio, and video. My recommendation is that you use these resources to help you understand the law. For most students, you should probably read one of these resources first and then read your assigned cases. That way the case will make more sense to you. After all, you learn the law better if you read a case in its legal context.

Audio resources in particular can be used very effectively. For example, you have to get to school, that means you either walked there or drove there, taking some time to get to class. Don’t waste that time! Use your time effectively. Audio can be a great way to use that down time rather than listening to the radio or something else as you’re driving into school.

How to Use Commercial Outlines

Note paper with an A plus grade. Use law school study aids to get an A.

Finally, let’s discuss commercial outlines. DO NOT USE someone else’s outline, whether purchased or not, without making your own law school outline first. You are going to learn a whole lot more if you condense your notes and turn them into your own outline instead of relying on someone else’s thought process. Now, you did not hear me say to not use someone else’s outline, period. What I tell you is to struggle and make your own outline first. Once you have put your best time and effort into creating your own outline, and you are convinced that you have the best outline possible, then look at someone else’s outline to see what they have done. Then you can make changes to your own outline. Certainly you are going to miss things but you do not want to look at someone else’s outline first and then not do the hard work because then you don’t learn and you remain that B or C student.

The primary reason why most people that use law school study aids never reach their full potential is because they never struggle with the law, which is how we learn. Many students become satisfied with their grades, believing that they can’t do better because they just didn’t understand the material, the professor was too hard, or the exam wasn’t fair. While a B student will graduate law school and pass the bar exam, the best jobs and opportunities go to A students.