Hierarchy of Concepts in your Outline

Several students have stopped by our offices this week to get advice about outlining. Sometimes, students include a wealth of information that is in paragraph form, and I suggest they use a traditional outline format instead of paragraphs because this format differentiates between levels. The structure of an outline forces you to rank concepts and identify main topics and sub-topics. Remember, the law is essentially a set of categories: each principle you learn belongs “somewhere” in the scheme which you need to create.

A failure to properly understand and define the hierarchy of concepts in your outline often manifests on the exam with difficulty in identifying and sequencing issues for discussion. There is a logical sequence to follow in analyzing a problem based on the construction of the rule and it’s essential that this hierarchy be worked through in the process of creating your outline. The ranking system inherent in an outline format forces you to arrange the material in a hierarchy.

One way to get started in creating your hierarchy is to look at The Table of Contents in your casebook. It’s written in outline form. Some casebooks include a Summary of the Table of Contents which is even better for your purposes since it contains only the main topics and sub-topics, eliminating the cases and notes. From here, you can really see the big picture.

It also might be useful to coordinate the Table of Contents with your syllabus to find your starting point and use it as a template to form your skeleton outline. Of course you’ll need to make adjustments based on how your professor presents the material, but the Table of Contents provides the overview you need to begin putting things together. This should give you the major headings.

You may also want to consider a hornbook to help you identify the sub-headings. This is the real work of outlining: synthesizing the material so that you can differentiate between main and sub-issues. Don’t be afraid to go outside your casebook and class notes for help in this regard. Most of us need the help to be found in hornbooks. A hornbook will explain the material in a way that is incredibly valuable in helping you understand it.

Once you have a sense of the main topics and sub-topics, you can begin to fill in the pieces to provide substance and meaning.

Outlining - Organizing by Rule

Now that we have discussed the big picture of what an outline is and how to go about starting your outline, let's talk about the details of organizing your outline by the rules and how much of the rule you need to know.

Your outline should be organized by rule of law, not by the case - yes, you learn the rules by reading cases, but when it comes to outlining, everything gets stripped away, and the remaining rules (that is: definitions, elements, factors, exceptions, and defenses) are left.

Things to think about when putting together the rule of law in your outline include:

• How is the rule defined?


• Are there any words within the rule that need to be defined?


• Under what facts or circumstances would the rule likely apply?


• Are there any tests or factors that must be met?


• Are there limitations, exceptions or exemptions?


• Are there any consequences for applying the rule?


• What would be the result of applying the rule to the applicable parties?

These points are just to get you started; your outline has to have enough detail to allow you to learn the law with specificity, thus you should include enough detail so that you can use it as a study tool, but not so much detail that you get bogged down and lose sight of the big picture. So in determining whether you have enough detail; ask yourself:

1. Have you been able to define the rule fully and completely (including knowing how it might arise in context), and


2. Do you appreciate how the rule operates (including knowing what happens if the court finds the rule applicable; and what are the likely results, outcomes effects, etc.).

So what about all those cases you read in class? They have a place, but the weight depends on the class and your professor. Listen for clues in class, such as when you professor tells you that you the applicable case is a "seminal" case; when a rule of law or legal doctrine is derived from a specific case (i.e. the Erie Doctrine, a Brady violation, Miranda rights, etc.); or when a professor tells you that you need to know the specific case - these are pretty good signs that you should include the case name and holding in your outline, as well as understand the case as you would any other rule of law.

Further, your class notes are an important tool for compiling your outline as they should capture what you learned in class, as well as give insight into your professor's tone and points of law your professor highlighted in class.

Introduction to Outlining

Your outlines are where you can adequately make sense of the concepts from your respective classes and figure out the relationships between these concepts. It is important to know how to outline, as well as understand what your outline should include because you will have to generate your own outlines - you are best suited to do so!

[A note about commercial outlines: while they may provide the rules of law, they provide the material in such a generic manner that it will not necessarily follow how your professor teaches the class, so you should not depend solely on these sources because they may fail to capture of the nuances and emphases that are pointed out in class.]

The purpose of your outline is two-fold:

1. Your outline is a vehicle for you to learn the law because it requires you to organize and record the information for your understanding and retrieval. In doing this, you must take apart the individual rules and connect them in a way that reflects how the rules interact as a whole - it is not enough to know the individual rule, but you must also know how the rules work together.

2. It helps you prepare for exams because while writing your outline you have worked through the analysis of issues you are likely to find on your exam. Your outline will contain all you need to know when studying for exams, and in the way you need to know it.

When should you begin outlining?

You should start early in the semester, but not so early that you do not have the full picture of one topic. We suggest beginning outlines when you have completed one topic, and gradually adding to your outline - topic by topic as you proceed throughout the semester.

Where do you start?

There are many places to begin - your syllabus will provide a sequence and structure for your outline; likewise, the table of contents in your casebook will help you by dividing topics. These can both be places to start in determining how to sequence your outlines, and what topics need to be covered.

How do you format an outline?

We suggest a regular outline format with a bullet or numerical scheme - it doesn't matter which format you decide; the point is that you will want to rank concepts, and identify main topics and subtopics. Usually, there is a logical sequence to follow in analysing a problem based on the construction of the rule, and this hierarchy should be worked out in your outline (again, your syllabus or the table of contents from your textbook are great places to see the hierarchy; hornbooks may help with subheadings, too).

The real work of outlining comes from synthesizing the material so that you can differentiate between the main topics and the subtopics; and do not be afraid to go outside your casebook and notes for help - hornbooks are a great resource for explaining material.

Once you have your main topics and subtopics, then you can begin to fill in the pieces to provide substance and meaning by filling in the outline with definitions, cases and examples.

Course Supplements and Study Aids: What are They and What do you Need . . .

For almost every class you take in law school, there will be countless supplemental guides including hornbooks, course outlines, case briefs, and law summaries. There are numerous study aids, including flashcards and audiotapes, and all of these options can be a drain on your finances and time. Further, your professors will have opinions about which study aids are useful, and their suggestions should be your primary guide.

Generally, study aids give you an overview of the law and can be very helpful during the course of the semester and while studying for finals because they help by simplifying or synthesizing the law in varying detail, but it is important to note that can be deceptive because memorizing the law isn't enough - you need to recognize that some books go further in depth than your professor, and others merely skim over a topic that your professor might have spent a great deal of time on; additionally, you will need to be able to analyze and articulate an argument in class and on your exam. Thus, the actual memorization of law from a commercial supplement or study aid might be a step in the right direction, and will help clarify things you do not necessarily understand in class, but merely memorizing the law from these supplements is not enough.

Many 1Ls think they must buy these supplements to be successful, but before running to the bookstore and purchasing every supplement and study aid, know what they are and what they do:

• Hornbooks are written by scholars in the respective area - these books articulate the law and make reference to how the respective cases helped shape the law. Hornbooks can be helpful because you get a clear statement of the law, but they can also be very dense and expensive. The best bet for a hornbook is to borrow it from the Library prior to purchasing to make sure it is right for you - most hornbooks for first year classes are often on reserve.

• Commercial Outlines give an overview of the law - admittedly, they can be useful in some instances, but should never be a substitute for your own work, and often do not go in depth enough for exam purposes. It is important to note that some commercial outlines don't articulate the law correctly or do not give as much detail as you might need on an exam. There are two general categories of commercial outlines: (1) outlines that give an overview of the law, and (2) outlines that give summaries of your cases for class. For both types of outline, it is important to remember that you must still do the work - for example, your professor might focus on a different holding or line of reasoning than the one in the commercial outline, and if you did not do the work yourself, you might have missed the key points of the class discussion.

• Between the Hornbook and Commercial Outline, there are many other supplements that give explanations of the law - these books provide concise explanations, and give more details than the commercial outlines. Most of these options are written by law professors and can be useful to the learning process. Much like hornbooks, many of these books are on reserve in the library and can be helpful in preparing for class and for exams.

• Also, do not forget about study aids with practice problems - practicing from practice problems, multiple choice questions, and hypothetical essays give valuable experience before an actual exam.

Regardless of which supplement(s) you determine are right for you, taking shortcuts is not the answer to a successful law school career - study aids and supplements should be just that, a supplement to the case reading, briefing, studying, etc. that you do on your own and with your study group - they cannot replace the hard work and time that you have to put into studying each semester. In fact, the most useful study aid might just be something you create yourself!