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assignments basic law

Assignments: The Basic Law

The assignment of a right or obligation is a common contractual event under the law and the right to assign (or prohibition against assignments) is found in the majority of agreements, leases and business structural documents created in the United States.

As with many terms commonly used, people are familiar with the term but often are not aware or fully aware of what the terms entail. The concept of assignment of rights and obligations is one of those simple concepts with wide ranging ramifications in the contractual and business context and the law imposes severe restrictions on the validity and effect of assignment in many instances. Clear contractual provisions concerning assignments and rights should be in every document and structure created and this article will outline why such drafting is essential for the creation of appropriate and effective contracts and structures.

The reader should first read the article on Limited Liability Entities in the United States and Contracts since the information in those articles will be assumed in this article.

Basic Definitions and Concepts:

An assignment is the transfer of rights held by one party called the “assignor” to another party called the “assignee.” The legal nature of the assignment and the contractual terms of the agreement between the parties determines some additional rights and liabilities that accompany the assignment. The assignment of rights under a contract usually completely transfers the rights to the assignee to receive the benefits accruing under the contract. Ordinarily, the term assignment is limited to the transfer of rights that are intangible, like contractual rights and rights connected with property. Merchants Service Co. v. Small Claims Court , 35 Cal. 2d 109, 113-114 (Cal. 1950).

An assignment will generally be permitted under the law unless there is an express prohibition against assignment in the underlying contract or lease. Where assignments are permitted, the assignor need not consult the other party to the contract but may merely assign the rights at that time. However, an assignment cannot have any adverse effect on the duties of the other party to the contract, nor can it diminish the chance of the other party receiving complete performance. The assignor normally remains liable unless there is an agreement to the contrary by the other party to the contract.

The effect of a valid assignment is to remove privity between the assignor and the obligor and create privity between the obligor and the assignee. Privity is usually defined as a direct and immediate contractual relationship. See Merchants case above.

Further, for the assignment to be effective in most jurisdictions, it must occur in the present. One does not normally assign a future right; the assignment vests immediate rights and obligations.

No specific language is required to create an assignment so long as the assignor makes clear his/her intent to assign identified contractual rights to the assignee. Since expensive litigation can erupt from ambiguous or vague language, obtaining the correct verbiage is vital. An agreement must manifest the intent to transfer rights and can either be oral or in writing and the rights assigned must be certain.

Note that an assignment of an interest is the transfer of some identifiable property, claim, or right from the assignor to the assignee. The assignment operates to transfer to the assignee all of the rights, title, or interest of the assignor in the thing assigned. A transfer of all rights, title, and interests conveys everything that the assignor owned in the thing assigned and the assignee stands in the shoes of the assignor. Knott v. McDonald’s Corp ., 985 F. Supp. 1222 (N.D. Cal. 1997)

The parties must intend to effectuate an assignment at the time of the transfer, although no particular language or procedure is necessary. As long ago as the case of National Reserve Co. v. Metropolitan Trust Co ., 17 Cal. 2d 827 (Cal. 1941), the court held that in determining what rights or interests pass under an assignment, the intention of the parties as manifested in the instrument is controlling.

The intent of the parties to an assignment is a question of fact to be derived not only from the instrument executed by the parties but also from the surrounding circumstances. When there is no writing to evidence the intention to transfer some identifiable property, claim, or right, it is necessary to scrutinize the surrounding circumstances and parties’ acts to ascertain their intentions. Strosberg v. Brauvin Realty Servs., 295 Ill. App. 3d 17 (Ill. App. Ct. 1st Dist. 1998)

The general rule applicable to assignments of choses in action is that an assignment, unless there is a contract to the contrary, carries with it all securities held by the assignor as collateral to the claim and all rights incidental thereto and vests in the assignee the equitable title to such collateral securities and incidental rights. An unqualified assignment of a contract or chose in action, however, with no indication of the intent of the parties, vests in the assignee the assigned contract or chose and all rights and remedies incidental thereto.

More examples: In Strosberg v. Brauvin Realty Servs ., 295 Ill. App. 3d 17 (Ill. App. Ct. 1st Dist. 1998), the court held that the assignee of a party to a subordination agreement is entitled to the benefits and is subject to the burdens of the agreement. In Florida E. C. R. Co. v. Eno , 99 Fla. 887 (Fla. 1930), the court held that the mere assignment of all sums due in and of itself creates no different or other liability of the owner to the assignee than that which existed from the owner to the assignor.

And note that even though an assignment vests in the assignee all rights, remedies, and contingent benefits which are incidental to the thing assigned, those which are personal to the assignor and for his sole benefit are not assigned. Rasp v. Hidden Valley Lake, Inc ., 519 N.E.2d 153, 158 (Ind. Ct. App. 1988). Thus, if the underlying agreement provides that a service can only be provided to X, X cannot assign that right to Y.

Novation Compared to Assignment:

Although the difference between a novation and an assignment may appear narrow, it is an essential one. “Novation is a act whereby one party transfers all its obligations and benefits under a contract to a third party.” In a novation, a third party successfully substitutes the original party as a party to the contract. “When a contract is novated, the other contracting party must be left in the same position he was in prior to the novation being made.”

A sublease is the transfer when a tenant retains some right of reentry onto the leased premises. However, if the tenant transfers the entire leasehold estate, retaining no right of reentry or other reversionary interest, then the transfer is an assignment. The assignor is normally also removed from liability to the landlord only if the landlord consents or allowed that right in the lease. In a sublease, the original tenant is not released from the obligations of the original lease.

Equitable Assignments:

An equitable assignment is one in which one has a future interest and is not valid at law but valid in a court of equity. In National Bank of Republic v. United Sec. Life Ins. & Trust Co. , 17 App. D.C. 112 (D.C. Cir. 1900), the court held that to constitute an equitable assignment of a chose in action, the following has to occur generally: anything said written or done, in pursuance of an agreement and for valuable consideration, or in consideration of an antecedent debt, to place a chose in action or fund out of the control of the owner, and appropriate it to or in favor of another person, amounts to an equitable assignment. Thus, an agreement, between a debtor and a creditor, that the debt shall be paid out of a specific fund going to the debtor may operate as an equitable assignment.

In Egyptian Navigation Co. v. Baker Invs. Corp. , 2008 U.S. Dist. LEXIS 30804 (S.D.N.Y. Apr. 14, 2008), the court stated that an equitable assignment occurs under English law when an assignor, with an intent to transfer his/her right to a chose in action, informs the assignee about the right so transferred.

An executory agreement or a declaration of trust are also equitable assignments if unenforceable as assignments by a court of law but enforceable by a court of equity exercising sound discretion according to the circumstances of the case. Since California combines courts of equity and courts of law, the same court would hear arguments as to whether an equitable assignment had occurred. Quite often, such relief is granted to avoid fraud or unjust enrichment.

Note that obtaining an assignment through fraudulent means invalidates the assignment. Fraud destroys the validity of everything into which it enters. It vitiates the most solemn contracts, documents, and even judgments. Walker v. Rich , 79 Cal. App. 139 (Cal. App. 1926). If an assignment is made with the fraudulent intent to delay, hinder, and defraud creditors, then it is void as fraudulent in fact. See our article on Transfers to Defraud Creditors .

But note that the motives that prompted an assignor to make the transfer will be considered as immaterial and will constitute no defense to an action by the assignee, if an assignment is considered as valid in all other respects.

Enforceability of Assignments:

Whether a right under a contract is capable of being transferred is determined by the law of the place where the contract was entered into. The validity and effect of an assignment is determined by the law of the place of assignment. The validity of an assignment of a contractual right is governed by the law of the state with the most significant relationship to the assignment and the parties.

In some jurisdictions, the traditional conflict of laws rules governing assignments has been rejected and the law of the place having the most significant contacts with the assignment applies. In Downs v. American Mut. Liability Ins. Co ., 14 N.Y.2d 266 (N.Y. 1964), a wife and her husband separated and the wife obtained a judgment of separation from the husband in New York. The judgment required the husband to pay a certain yearly sum to the wife. The husband assigned 50 percent of his future salary, wages, and earnings to the wife. The agreement authorized the employer to make such payments to the wife.

After the husband moved from New York, the wife learned that he was employed by an employer in Massachusetts. She sent the proper notice and demanded payment under the agreement. The employer refused and the wife brought an action for enforcement. The court observed that Massachusetts did not prohibit assignment of the husband’s wages. Moreover, Massachusetts law was not controlling because New York had the most significant relationship with the assignment. Therefore, the court ruled in favor of the wife.

Therefore, the validity of an assignment is determined by looking to the law of the forum with the most significant relationship to the assignment itself. To determine the applicable law of assignments, the court must look to the law of the state which is most significantly related to the principal issue before it.

Assignment of Contractual Rights:

Generally, the law allows the assignment of a contractual right unless the substitution of rights would materially change the duty of the obligor, materially increase the burden or risk imposed on the obligor by the contract, materially impair the chance of obtaining return performance, or materially reduce the value of the performance to the obligor. Restat 2d of Contracts, § 317(2)(a). This presumes that the underlying agreement is silent on the right to assign.

If the contract specifically precludes assignment, the contractual right is not assignable. Whether a contract is assignable is a matter of contractual intent and one must look to the language used by the parties to discern that intent.

In the absence of an express provision to the contrary, the rights and duties under a bilateral executory contract that does not involve personal skill, trust, or confidence may be assigned without the consent of the other party. But note that an assignment is invalid if it would materially alter the other party’s duties and responsibilities. Once an assignment is effective, the assignee stands in the shoes of the assignor and assumes all of assignor’s rights. Hence, after a valid assignment, the assignor’s right to performance is extinguished, transferred to assignee, and the assignee possesses the same rights, benefits, and remedies assignor once possessed. Robert Lamb Hart Planners & Architects v. Evergreen, Ltd. , 787 F. Supp. 753 (S.D. Ohio 1992).

On the other hand, an assignee’s right against the obligor is subject to “all of the limitations of the assignor’s right, all defenses thereto, and all set-offs and counterclaims which would have been available against the assignor had there been no assignment, provided that these defenses and set-offs are based on facts existing at the time of the assignment.” See Robert Lamb , case, above.

The power of the contract to restrict assignment is broad. Usually, contractual provisions that restrict assignment of the contract without the consent of the obligor are valid and enforceable, even when there is statutory authorization for the assignment. The restriction of the power to assign is often ineffective unless the restriction is expressly and precisely stated. Anti-assignment clauses are effective only if they contain clear, unambiguous language of prohibition. Anti-assignment clauses protect only the obligor and do not affect the transaction between the assignee and assignor.

Usually, a prohibition against the assignment of a contract does not prevent an assignment of the right to receive payments due, unless circumstances indicate the contrary. Moreover, the contracting parties cannot, by a mere non-assignment provision, prevent the effectual alienation of the right to money which becomes due under the contract.

A contract provision prohibiting or restricting an assignment may be waived, or a party may so act as to be estopped from objecting to the assignment, such as by effectively ratifying the assignment. The power to void an assignment made in violation of an anti-assignment clause may be waived either before or after the assignment. See our article on Contracts.

Noncompete Clauses and Assignments:

Of critical import to most buyers of businesses is the ability to ensure that key employees of the business being purchased cannot start a competing company. Some states strictly limit such clauses, some do allow them. California does restrict noncompete clauses, only allowing them under certain circumstances. A common question in those states that do allow them is whether such rights can be assigned to a new party, such as the buyer of the buyer.

A covenant not to compete, also called a non-competitive clause, is a formal agreement prohibiting one party from performing similar work or business within a designated area for a specified amount of time. This type of clause is generally included in contracts between employer and employee and contracts between buyer and seller of a business.

Many workers sign a covenant not to compete as part of the paperwork required for employment. It may be a separate document similar to a non-disclosure agreement, or buried within a number of other clauses in a contract. A covenant not to compete is generally legal and enforceable, although there are some exceptions and restrictions.

Whenever a company recruits skilled employees, it invests a significant amount of time and training. For example, it often takes years before a research chemist or a design engineer develops a workable knowledge of a company’s product line, including trade secrets and highly sensitive information. Once an employee gains this knowledge and experience, however, all sorts of things can happen. The employee could work for the company until retirement, accept a better offer from a competing company or start up his or her own business.

A covenant not to compete may cover a number of potential issues between employers and former employees. Many companies spend years developing a local base of customers or clients. It is important that this customer base not fall into the hands of local competitors. When an employee signs a covenant not to compete, he or she usually agrees not to use insider knowledge of the company’s customer base to disadvantage the company. The covenant not to compete often defines a broad geographical area considered off-limits to former employees, possibly tens or hundreds of miles.

Another area of concern covered by a covenant not to compete is a potential ‘brain drain’. Some high-level former employees may seek to recruit others from the same company to create new competition. Retention of employees, especially those with unique skills or proprietary knowledge, is vital for most companies, so a covenant not to compete may spell out definite restrictions on the hiring or recruiting of employees.

A covenant not to compete may also define a specific amount of time before a former employee can seek employment in a similar field. Many companies offer a substantial severance package to make sure former employees are financially solvent until the terms of the covenant not to compete have been met.

Because the use of a covenant not to compete can be controversial, a handful of states, including California, have largely banned this type of contractual language. The legal enforcement of these agreements falls on individual states, and many have sided with the employee during arbitration or litigation. A covenant not to compete must be reasonable and specific, with defined time periods and coverage areas. If the agreement gives the company too much power over former employees or is ambiguous, state courts may declare it to be overbroad and therefore unenforceable. In such case, the employee would be free to pursue any employment opportunity, including working for a direct competitor or starting up a new company of his or her own.

It has been held that an employee’s covenant not to compete is assignable where one business is transferred to another, that a merger does not constitute an assignment of a covenant not to compete, and that a covenant not to compete is enforceable by a successor to the employer where the assignment does not create an added burden of employment or other disadvantage to the employee. However, in some states such as Hawaii, it has also been held that a covenant not to compete is not assignable and under various statutes for various reasons that such covenants are not enforceable against an employee by a successor to the employer. Hawaii v. Gannett Pac. Corp. , 99 F. Supp. 2d 1241 (D. Haw. 1999)

It is vital to obtain the relevant law of the applicable state before drafting or attempting to enforce assignment rights in this particular area.

Conclusion:

In the current business world of fast changing structures, agreements, employees and projects, the ability to assign rights and obligations is essential to allow flexibility and adjustment to new situations. Conversely, the ability to hold a contracting party into the deal may be essential for the future of a party. Thus, the law of assignments and the restriction on same is a critical aspect of every agreement and every structure. This basic provision is often glanced at by the contracting parties, or scribbled into the deal at the last minute but can easily become the most vital part of the transaction.

As an example, one client of ours came into the office outraged that his co venturer on a sizable exporting agreement, who had excellent connections in Brazil, had elected to pursue another venture instead and assigned the agreement to a party unknown to our client and without the business contacts our client considered vital. When we examined the handwritten agreement our client had drafted in a restaurant in Sao Paolo, we discovered there was no restriction on assignment whatsoever…our client had not even considered that right when drafting the agreement after a full day of work.

One choses who one does business with carefully…to ensure that one’s choice remains the party on the other side of the contract, one must master the ability to negotiate proper assignment provisions.

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Assign is the act of transferring rights , property , or other benefits to another party (the assignee ) from the party who holds such benefits under contract (the assignor). This concept is used in both contract and property law .

Contract Law

Under contract law, when one party assigns a contract , the assignment represents both: (1) an assignment of rights; and (2) a delegation of duties .

For example, if A contracts with B to teach B guitar for $50, A can assign this contract to C.
Here, A has both: (1) assigned A’s rights under the contract to the $50; and (2) delegated A’s duty to teach guitar, to C.
In this example, A is both the “assignor” and the “delegee” who delegates the duties to another (C), C is known as the “ obligor ” who must perform the obligations to the assignee , and B is the assignee who is owed duties and is liable to the obligor.

Assigning of Rights/Duties Under Contract Law

There are a few notable rules regarding assignments under contract law.

First, if an individual has not yet secured the contract to perform duties to another, they cannot assign their future right to an assignee.

That is, if A has not yet contracted with B to teach B guitar, A cannot assign their rights to C.

Second, rights cannot be assigned when they materially change the obligor’s duty and rights.

Third, the obligor can sue the assignee directly if the assignee does not pay them.

Following the previous example, this means that C ( obligor ) can sue B ( assignee ) if C teaches guitar to B, but B does not pay C $50 in return.

Delegation of Duties

If the promised performance requires a rare genius or skill, then the delegee cannot delegate it to the obligor. It can only be delegated if the promised performance is more commonplace. Further, an obligee can sue if the assignee does not perform. However, the delegee is secondarily liable unless there has been an express release of the delegee.

Meaning if B does want C to teach guitar but C refuses to, then B can sue C. If C still refuses to perform, then B can compel A to fulfill the duties under secondary liability.

Lastly, a related concept is novation , which is when a new obligor substitutes and releases an old obligor. If novation occurs, then the original obligor’s duties are wiped out. Novation requires an original obligee’s consent .

Property Law

Under property law , assignment typically arises in landlord-tenant situations.

For example, A might be renting from landlord B but wants another party (C) to take over the property.
In this scenario, A might choose between assigning and subleasing the property to C.
If assigning , A would give C the entire balance of the term , with no reversion to anyone; whereas if subleasing , A would give C the property for a limited period of the remaining term.
Under assignment, C would have privity of estate with the landlord while under a sublease, C would not.

[Last updated in June of 2022 by the Wex Definitions Team ]

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Assignment of Contract

Jump to section, what is an assignment of contract.

An assignment of contract is a legal term that describes the process that occurs when the original party (assignor) transfers their rights and obligations under their contract to a third party (assignee). When an assignment of contract happens, the original party is relieved of their contractual duties, and their role is replaced by the approved incoming party.

How Does Assignment of Contract Work?

An assignment of contract is simpler than you might think.

The process starts with an existing contract party who wishes to transfer their contractual obligations to a new party.

When this occurs, the existing contract party must first confirm that an assignment of contract is permissible under the legally binding agreement . Some contracts prohibit assignments of contract altogether, and some require the other parties of the agreement to agree to the transfer. However, the general rule is that contracts are freely assignable unless there is an explicit provision that says otherwise.

In other cases, some contracts allow an assignment of contract without any formal notification to other contract parties. If this is the case, once the existing contract party decides to reassign his duties, he must create a “Letter of Assignment ” to notify any other contract signers of the change.

The Letter of Assignment must include details about who is to take over the contractual obligations of the exiting party and when the transfer will take place. If the assignment is valid, the assignor is not required to obtain the consent or signature of the other parties to the original contract for the valid assignment to take place.

Check out this article to learn more about how assigning a contract works.

Contract Assignment Examples

Contract assignments are great tools for contract parties to use when they wish to transfer their commitments to a third party. Here are some examples of contract assignments to help you better understand them:

Anna signs a contract with a local trash company that entitles her to have her trash picked up twice a week. A year later, the trash company transferred her contract to a new trash service provider. This contract assignment effectively makes Anna’s contract now with the new service provider.

Hasina enters a contract with a national phone company for cell phone service. The company goes into bankruptcy and needs to close its doors but decides to transfer all current contracts to another provider who agrees to honor the same rates and level of service. The contract assignment is completed, and Hasina now has a contract with the new phone company as a result.

Here is an article where you can find out more about contract assignments.

Nicholas M.

Muhammad Yar L.

Assignment of contract in real estate.

Assignment of contract is also used in real estate to make money without going the well-known routes of buying and flipping houses. When real estate LLC investors use an assignment of contract, they can make money off properties without ever actually buying them by instead opting to transfer real estate contracts .

This process is called real estate wholesaling.

Real Estate Wholesaling

Real estate wholesaling consists of locating deals on houses that you don’t plan to buy but instead plan to enter a contract to reassign the house to another buyer and pocket the profit.

The process is simple: real estate wholesalers negotiate purchase contracts with sellers. Then, they present these contracts to buyers who pay them an assignment fee for transferring the contract.

This process works because a real estate purchase agreement does not come with the obligation to buy a property. Instead, it sets forth certain purchasing parameters that must be fulfilled by the buyer of the property. In a nutshell, whoever signs the purchase contract has the right to buy the property, but those rights can usually be transferred by means of an assignment of contract.

This means that as long as the buyer who’s involved in the assignment of contract agrees with the purchasing terms, they can legally take over the contract.

But how do real estate wholesalers find these properties?

It is easier than you might think. Here are a few examples of ways that wholesalers find cheap houses to turn a profit on:

Direct mailers
Place newspaper ads
Make posts in online forums
Social media posts

The key to finding the perfect home for an assignment of contract is to locate sellers that are looking to get rid of their properties quickly. This might be a family who is looking to relocate for a job opportunity or someone who needs to make repairs on a home but can’t afford it. Either way, the quicker the wholesaler can close the deal, the better.

Once a property is located, wholesalers immediately go to work getting the details ironed out about how the sale will work. Transparency is key when it comes to wholesaling. This means that when a wholesaler intends to use an assignment of contract to transfer the rights to another person, they are always upfront about during the preliminary phases of the sale.

In addition to this practice just being good business, it makes sure the process goes as smoothly as possible later down the line. Wholesalers are clear in their intent and make sure buyers know that the contract could be transferred to another buyer before the closing date arrives.

After their offer is accepted and warranties are determined, wholesalers move to complete a title search . Title searches ensure that sellers have the right to enter into a purchase agreement on the property. They do this by searching for any outstanding tax payments, liens , or other roadblocks that could prevent the sale from going through.

Wholesalers also often work with experienced real estate lawyers who ensure that all of the legal paperwork is forthcoming and will stand up in court. Lawyers can also assist in the contract negotiation process if needed but often don’t come in until the final stages.

If the title search comes back clear and the real estate lawyer gives the green light, the wholesaler will immediately move to locate an entity to transfer the rights to buy.

One of the most attractive advantages of real estate wholesaling is that very little money is needed to get started. The process of finding a seller, negotiating a price, and performing a title search is an extremely cheap process that almost anyone can do.

On the other hand, it is not always a positive experience. It can be hard for wholesalers to find sellers who will agree to sell their homes for less than the market value. Even when they do, there is always a chance that the transferred buyer will back out of the sale, which leaves wholesalers obligated to either purchase the property themselves or scramble to find a new person to complete an assignment of contract with.

Learn more about assignment of contract in real estate by checking out this article .

Who Handles Assignment of Contract?

The best person to handle an assignment of contract is an attorney. Since these are detailed legal documents that deal with thousands of dollars, it is never a bad idea to have a professional on your side. If you need help with an assignment of contract or signing a business contract , post a project on ContractsCounsel. There, you can connect with attorneys who know everything there is to know about assignment of contract amendment and can walk you through the whole process.

ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.

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How to Write a Law Assignment

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Mastering the Art of Writing Law Assignments

What types of law assignments exist, skills to succeed, how to write a law assignment stage-by-stage, pre-writing stage:, here is what your outline may look like:, let’s talk in detail about the exact process of law essay writing, how to avoid mistakes, additional sources.

Summary: Writing a law assignment involves a step-by-step process: introduction, body paragraphs, supporting evidence, counter-arguments, and conclusion. Proper citation, referencing, and proofreading are essential.

Legal studies were, are, and always will be an essential discipline for society and its development. Law students pursue a legal education to become lawyers, judges, advocates, or other legal professionals. They study various legal topics, including contracts, torts, criminal law, and constitutional law. Law students are typically required to complete various assignments as part of their coursework, including legal research papers, case briefs, law essay writing, and moot court arguments.

Law assignments are vital to legal education and are critical in helping students develop their skills. “ The major law assignment styles aim to improve your analytical skills, your ability to apply legal principles and theory, and to write simply and concisely”. These tasks will for sure help in your future career. Therefore, it is important to understand how to write a law assignment properly.

This blog post provides tips and guidelines to help you confidently approach your law assignments and produce high-quality work that meets the standards of the legal profession. AssignmentBro is ready to help you understand how to write a clear and effective law assignment.

There are a wide variety of law assignments. It all depends on the discipline and other details of your specific studies. Here are some examples:

Case briefs involve analyzing and summarizing a specific legal case. Students are required to identify the key issues, relevant facts, applicable laws, the reasoning of the court, and the final decision.
Research papers demand law students to delve deep into a specific legal topic or issue. They involve extensive research, analyzing relevant statutes and case law, and presenting arguments based on scholarly sources. Research papers often require a thesis statement, literature review, methodology, analysis, and conclusion.
Essays in law focus on exploring and presenting arguments on a particular legal question or issue. Essays allow students to showcase their understanding of legal principles and ability to analyze and argue a position critically.
Moot court briefs simulate the preparation of written arguments for a hypothetical appellate court case. Students must study the legal concerns, create compelling arguments, and reference pertinent legal sources to defend their position.
Legal memoranda or legal analysis must contain a detailed analysis of the applicable laws and their application to the case. Memoranda are frequently used in legal studies, particularly for public law assignments.
Case comments are when students are expected to summarize the key aspects of the case, discuss its implications, and provide their insights on the topic.

Sounds huge. No worries, though! AssignmentBro is right here to provide you with all the information you need to succeed in your law assignment writing and to provide you with law assignment writing help.

To work in law, you need different soft and hard skills to be a lawyer or an advocate. What about the specific skills for writing assignments? Let’s talk about them.

Writing and presenting excellent legal essays may require the following:

Analytical Thinking: Law assignments require the ability to critically analyze legal issues, identify relevant facts, and apply legal principles to reach well-reasoned conclusions.
Research Capabilities: Effective research capabilities involve using legal databases, understanding citation formats, and evaluating the credibility and authority of sources.
Articulation of Arguments: Students should present their analysis and reasoning logically and coherently with excellent communication and presentation skills .
Understanding of Legal Concepts: A solid understanding of legal concepts and principles is crucial for writing law assignments.
Legal Writing Style: Adherence to a specific writing style that is concise, precise, and authoritative is vital. Proper citation of legal sources using recognized citation formats (such as Bluebook citation style, APA, or MLA) is also essential.
Critical Analysis of legal arguments, evaluating strengths and weaknesses, and offering balanced assessments are often involved in law tasks.
Attention to Detail: Careful attention to detail enhances the credibility and professionalism of the assignment.
Time Management: The quality of the final submission is ensured by sticking to deadlines, leaving enough time for revisions and editing.

By honing these skills and applying them consistently, any student can improve their ability to write a law assignment more effectively.

The legal task must go through several critical stages to be well-structured and successful. Here is a step-by-step guide on how to write a law assignment:

Carefully read and comprehend the assignment instructions provided by your lecturer or professor. Pay attention to the requirements, word limit, formatting guidelines, and specific questions or prompts.
Choose your assignment subject. If you struggle with choosing the right one, glance at the law topics we created.
Before starting the writing process, begin background research to become familiar with the subject and find pertinent legal statutes, cases, and theories. You can use this to develop a solid knowledge base to support your arguments.
As you research, take notes! Record key points, relevant quotations, and references to legal authorities.
Create a clear thesis statement or argument based on your initial research and grasp of the subject. It will be your writing’s direction. The thesis should present your main point or position on the discussed legal issue.

Create an outline to structure your thoughts and provide a roadmap for your assignment.

An outline ensures a logical flow and allows you to arrange your thoughts. Include the main sections or headings you plan to cover, sub-points, and supporting evidence for each. Here are the elements that should be part of an outline:

Hook or attention-grabbing statement to engage the reader.
Background information on the topic to provide context.
A thesis statement/main argument to clearly state your position/main points.
Break down your main argument or topic into sub-points.
Evidence, examples, or relevant legal authorities should support each main argument.
Under each main argument or point, reference supporting evidence, such as legal precedents, case studies, or relevant legal theories.
Include an analysis of the evidence, explaining how it supports your argument and strengthens your position.
Address potential counterarguments or opposing viewpoints related to your main arguments.
Refute counterarguments with solid reasoning, evidence, or alternative interpretations.
Summarize the main arguments or points you have discussed throughout your assignment.
Provide a sense of closure by reflecting on the significance of your findings.

Remember, the outline serves as a guide, and you can adapt it based on your assignment’s specific requirements and the topic’s complexity.

Let’s imagine that you write a criminal law assignment .

I. Introduction

Definition and overview of criminal law.
Purpose of the assignment.
Thesis statement or main argument.

II. Elements of a Crime

Actus reus: Discussing the physical act or conduct required for a crime.
Mens rea: Explaining the mental state or intent necessary for criminal liability.
Causation: Analyzing the causal link between the act and the harm caused.
Concurrence: Discussing the requirement that the act and intent coincide.

III. Classification of Crimes

Felonies: Explaining the characteristics and examples of felony offenses.
Misdemeanours: Discussing the characteristics and examples of misdemeanor offenses.
Infractions: Explaining the characteristics and examples of minor offenses.

IV. Criminal Defeses

Justifications: Exploring defenses such as self-defense, necessity, and defense of others.
Excuses: Discussing defenses like duress, insanity, and intoxication.
Procedural Defenses: Analyzing defenses related to the rights of the accused, such as unlawful search and seizure, Miranda rights, etc.

V. Criminal Procedure

Arrest and Search: Discussing the requirements and limitations for lawful arrest and search.
Due Process: Exploring the constitutional rights of the accused, such as the right to counsel, the right to a fair trial, etc.
Trial Process: Analyzing the steps involved in a criminal trial, including jury selection, opening statements, presentation of evidence, etc.
Sentencing: Discussing the factors considered in determining an appropriate sentence for a convicted offender.

VI. Notable Criminal Law Cases

Analyzing significant criminal law cases that have shaped legal principles or influenced the interpretation of criminal statutes.
Discussing the impact of these cases on the development of criminal law jurisprudence.

VII. Contemporary Issues in Criminal Law

Exploring current debates or challenges in criminal law, such as emerging technologies, cybercrimes, or criminal justice reform.
Analyzing the potential implications and future developments in the field.

VIII. Conclusion

Summarizing the main points and arguments presented.
Assessing the effectiveness and significance of criminal law in maintaining social order and protecting individuals’ rights.

It’s important to follow the structure of the assignment:

Begin with an attention-grabbing opening sentence or hook to engage the reader.
Provide relevant background information to set the context of the topic.
Clearly state the purpose of the assignment and what you aim to achieve.
Conclude the introduction with a concise thesis statement that outlines your main argument or position.
Ensure your thesis statement is concise, specific, and directly addresses the main focus of your assignment.
Each body paragraph should focus on a single main point or argument that supports your thesis statement.
Provide evidence, examples, or legal authorities to support your arguments.
Break down complex legal concepts or theories into understandable terms.
Support your arguments with well-reasoned analysis and relevant legal authorities.
Cite relevant legal statutes, case law, regulations, or academic sources to support your claims.
Ensure you accurately and appropriately cite your sources using the required citation style (e.g., Bluebook, APA, MLA).
Anticipate potential counterarguments and address them directly and objectively.
Summarize the main points or arguments discussed in your assignment.
Avoid introducing new information in conclusion.
Create a bibliography of your resources. It will help to avoid plagiarism. AssignmentBro supplies you with an incredible citation generator tool if you have trouble with quotations.
Allocate sufficient time for proofreading and editing to eliminate spelling, grammar, and punctuation errors. This stage is crucial and should not be avoided!
Review the overall structure, coherence, and clarity of your writing.
Ensure consistency in formatting, citation style, and referencing.

We want to highlight that strategy changes depending on the provided requirements. For example, there is also such a thing as an ACT essay. For the ACT essay, you’ll need an introduction, two to three body paragraphs (at least one paragraph for each perspective), and a conclusion.

By following these guidelines, you can succeed in law school essay writing!

Receiving help with legal studies assignments is helpful for developing analytical skills, applying correct legal principles, and writing tasks concisely.

It is not a regular task to write a legal paper. Thus, it’s completely acceptable for some students to make mistakes. We are humans, and we learn through making mistakes. However, it is best to avoid mistakes most students experience to succeed in your assignment.

The next common errors are highlighted:

Writing in the passive;
Using ambiguous pronouns;
Unnecessary wordiness;
Over-using legalese;
Neglecting to proofread.

Other mistakes include: making an essay too long or short, drafting a legal essay without arguments, submitting an essay without a bibliography , fluffing the conclusion, etc.

The only way to eliminate mistakes is a dedication to your work and continuous practice! For this reason, It’s crucial to learn how to write a law assignment properly.

Learning more is never too late. Below, we added a few extra resources to help you learn more about legal writing:

Many Birds, One Stone , Michael R. Smith;
Legal Writing , Linda H. Edwards;
Legal Writing in a Nutshell , L.Bahrych and J.Merino;
Law Assignment Techniques .
Writing Law Essays , M.Salter and J.Mason.

We hope it will ease your way to success in your legal education. Write a law assignment easily with AssignmentBro!

Our team can aid you with any kind of legal writing. Whether it is a contract law assignment, international law research, or any other kind of legal assignment, we are here to lend you a hand!

Law assignments help develop analytical skills, apply legal principles, and write concisely. They involve various types of writing, including case briefs, research papers, essays, and memoranda.

The pre-writing stage is vital. Even selecting a topic has a significant impact on your paper. For instance, topics in business Law can be really broad, so you should choose wisely.

Avoid mistakes by studying how to write a law assignment. AssignmentBro is always there to help you with any law task!

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How to write a case brief for law school: Excerpt reproduced from Introduction to the Study of Law: Cases and Materials,

Third Edition (LexisNexis 2009) by Michael Makdisi & John Makdisi

C. HOW TO BRIEF

The previous section described the parts of a case in order to make it easier to read and identify the pertinent information that you will use to create your briefs. This section will describe the parts of a brief in order to give you an idea about what a brief is, what is helpful to include in a brief, and what purpose it serves. Case briefs are a necessary study aid in law school that helps to encapsulate and analyze the mountainous mass of material that law students must digest. The case brief represents a final product after reading a case, rereading it, taking it apart, and putting it back together again. In addition to its function as a tool for self-instruction and referencing, the case brief also provides a valuable “cheat sheet” for class participation.

Who will read your brief? Most professors will espouse the value of briefing but will never ask to see that you have, in fact, briefed. As a practicing lawyer, your client doesn’t care if you brief, so long as you win the case. The judges certainly don’t care if you brief, so long as you competently practice the law. You are the person that the brief will serve! Keep this in mind when deciding what elements to include as part of your brief and when deciding what information to include under those elements.

What are the elements of a brief? Different people will tell you to include different things in your brief. Most likely, upon entering law school, this will happen with one or more of your instructors. While opinions may vary, four elements that are essential to any useful brief are the following:

(a) Facts (name of the case and its parties, what happened factually and procedurally, and the judgment)

(b) Issues (what is in dispute)

(d) Rationale (reasons for the holding)

If you include nothing but these four elements, you should have everything you need in order to recall effectively the information from the case during class or several months later when studying for exams.

Because briefs are made for yourself, you may want to include other elements that expand the four elements listed above. Depending on the case, the inclusion of additional elements may be useful. For example, a case that has a long and important section expounding dicta might call for a separate section in your brief labeled: Dicta. Whatever elements you decide to include, however, remember that the brief is a tool intended for personal use. To the extent that more elements will help with organization and use of the brief, include them. On the other hand, if you find that having more elements makes your brief cumbersome and hard to use, cut back on the number of elements. At a minimum, however, make sure you include the four elements listed above.

Elements that you may want to consider including in addition to the four basic elements are:

(e) Dicta (commentary about the decision that was not the basis for the decision)

(f) Dissent (if a valuable dissenting opinion exits, the dissent’s opinion)

(g) Party’s Arguments (each party’s opposing argument concerning the ultimate issue)

(h) Comments (personal commentary)

Personal comments can be useful if you have a thought that does not fit elsewhere. In the personal experience of one of the authors, this element was used to label cases as specific kinds (e.g., as a case of vicarious liability) or make mental notes about what he found peculiar or puzzling about cases. This element allowed him to release his thoughts (without losing them) so that he could move on to other cases.

In addition to these elements, it may help you to organize your thoughts, as some people do, by dividing Facts into separate elements:

(1) Facts of the case (what actually happened, the controversy)

(2) Procedural History (what events within the court system led to the present case)

(3) Judgment (what the court actually decided)

Procedural History is usually minimal and most of the time irrelevant to the ultimate importance of a case; however, this is not always true. One subject in which Procedure History is virtually always relevant is Civil Procedure.

When describing the Judgment of the case, distinguish it from the Holding. The Judgment is the factual determination by the court, in favor of one party, such as “affirmed,” “reversed,” or “remanded.” In contrast, the Holding is the applied rule of law that serves as the basis for the ultimate judgment.

Remember that the purpose of a brief is to remind you of the important details that make the case significant in terms of the law. It will be a reference tool when you are drilled by a professor and will be a study aid when you prepare for exams. A brief is also like a puzzle piece.

The elements of the brief create the unique shape and colors of the piece, and, when combined with other pieces, the picture of the common law takes form. A well-constructed brief will save you lots of time by removing the need to return to the case to remember the important details and also by making it easier to put together the pieces of the common law puzzle.

D. EXTRACTING THE RELEVANT INFORMATION: ANNOTATING AND HIGHLIGHTING

So now that you know the basic elements of a brief, what information is important to include under each element? The simple answer is: whatever is relevant. But what parts of a case are relevant? When you read your first few cases, you may think that everything that the judge said was relevant to his ultimate conclusion. Even if this were true, what is relevant for the judge to make his decision is not always relevant for you to include in your brief. Remember, the reason to make a brief is not to persuade the world that the ultimate decision in the case is a sound one, but rather to aid in refreshing your memory concerning the most important parts of the case.

What facts are relevant to include in a brief? You should include the facts that are necessary to remind you of the story. If you forget the story, you will not remember how the law in the case was applied. You should also include the facts that are dispositive to the decision in the case. For instance, if the fact that a car is white is a determining factor in the case, the brief should note that the case involves a white car and not simply a car. To the extent that the procedural history either helps you to remember the case or plays an important role in the ultimate outcome, you should include these facts as well.

What issues and conclusions are relevant to include in a brief? There is usually one main issue on which the court rests its decision. This may seem simple, but the court may talk about multiple issues, and may discuss multiple arguments from both sides of the case. Be sure to distinguish the issues from the arguments made by the parties. The relevant issue or issues, and corresponding conclusions, are the ones for which the court made a final decision and which are binding. The court may discuss intermediate conclusions or issues, but stay focused on the main issue and conclusion which binds future courts.

What rationale is important to include in a brief? This is probably the most difficult aspect of the case to determine. Remember that everything that is discussed may have been relevant to the judge, but it is not necessarily relevant to the rationale of the decision. The goal is to remind yourself of the basic reasoning that the court used to come to its decision and the key factors that made the decision favor one side or the other.

A brief should be brief! Overly long or cumbersome briefs are not very helpful because you will not be able to skim them easily when you review your notes or when the professor drills you. On the other hand, a brief that is too short will be equally unhelpful because it lacks sufficient information to refresh your memory. Try to keep your briefs to one page in length. This will make it easy for you to organize and reference them.

Do not get discouraged. Learning to brief and figuring out exactly what to include will take time and practice. The more you brief, the easier it will become to extract the relevant information.

While a brief is an extremely helpful and important study aid, annotating and highlighting are other tools for breaking down the mass of material in your casebook. The remainder of this section will discuss these different techniques and show how they complement and enhance the briefing process.

Annotating Cases

Many of you probably already read with a pencil or pen, but if you do not, now is the time to get in the habit. Cases are so dense and full of information that you will find yourself spending considerable amounts of time rereading cases to find what you need. An effective way to reduce this time is to annotate the margins of the casebook. Your pencil (or pen) will be one of your best friends while reading a case. It will allow you to mark off the different sections (such as facts, procedural history, or conclusions), thus allowing you to clear your mind of thoughts and providing an invaluable resource when briefing and reviewing.

You might be wondering why annotating is important if you make an adequate, well-constructed brief. By their very nature briefs cannot cover everything in a case. Even with a thorough, well-constructed brief you may want to reference the original case in order to reread dicta that might not have seemed important at the time, to review the complete procedural history or set of facts, or to scour the rationale for a better understanding of the case; annotating makes these tasks easier. Whether you return to a case after a few hours or a few months, annotations will swiftly guide you to the pertinent parts of the case by providing a roadmap of the important sections. Your textual markings and margin notes will refresh your memory and restore specific thoughts you might have had about either the case in general or an individual passage.

Annotations will also remind you of forgotten thoughts and random ideas by providing a medium for personal comments.

In addition to making it easier to review an original case, annotating cases during the first review of a case makes the briefing process easier. With adequate annotations, the important details needed for your brief will be much easier to retrieve. Without annotations, you will likely have difficulty locating the information you seek even in the short cases. It might seem strange that it would be hard to reference a short case, but even a short case will likely take you at least fifteen to twenty-five minutes to read, while longer cases may take as much as thirty minutes to an hour to complete. No matter how long it takes, the dense material of all cases makes it difficult to remember all your thoughts, and trying to locate specific sections of the analysis may feel like you are trying to locate a needle in a haystack. An annotation in the margin, however, will not only swiftly guide you to a pertinent section, but will also refresh the thoughts that you had while reading that section.

When you read a case for the first time, read for the story and for a basic understanding of the dispute, the issues, the rationale, and the decision. As you hit these elements (or what you think are these elements) make a mark in the margins. Your markings can be as simple as “facts” (with a bracket that indicates the relevant part of the paragraph). When you spot an issue, you may simply mark “issue” or instead provide a synopsis in your own words. When a case sparks an idea — write that idea in the margin as well — you never know when a seemingly irrelevant idea might turn into something more.

Finally, when you spot a particularly important part of the text, underline it (or highlight it as described below).

With a basic understanding of the case, and with annotations in the margin, the second read-through of the case should be much easier. You can direct your reading to the most important sections and will have an easier time identifying what is and is not important. Continue rereading the case until you have identified all the relevant information that you need to make your brief, including the issue(s), the facts, the holding, and the relevant parts of the analysis.

Pencil or pen — which is better to use when annotating? Our recommendation is a mechanical pencil. Mechanical pencils make finer markings than regular pencils, and also than ballpoint pens. Although you might think a pencil might smear more than a pen, with its sharp point a mechanical pencil uses very little excess lead and will not smear as much as you might imagine. A mechanical pencil will also give you the freedom to make mistakes without consequences. When you first start annotating, you may think that some passages are more important than they really are, and therefore you may resist the urge to make a mark in order to preserve your book and prevent false guideposts. With a pencil, however, the ability to erase and rewrite removes this problem.

Highlighting

Why highlight? Like annotating, highlighting may seem unimportant if you create thorough, well-constructed briefs, but highlighting directly helps you to brief. It makes cases, especially the more complicated ones, easy to digest, review and use to extract information.

Highlighting takes advantage of colors to provide a uniquely effective method for reviewing and referencing a case. If you prefer a visual approach to learning, you may find highlighting to be a very effective tool.

If annotating and highlighting are so effective, why brief? Because the process of summarizing a case and putting it into your own words within a brief provides an understanding of the law and of the case that you cannot gain through the process of highlighting or annotating.

The process of putting the case into your own words forces you to digest the material, while annotating and highlighting can be accomplished in a much more passive manner.

What should you highlight? Similar to annotating, the best parts of the case to highlight are those that represent the needed information for your brief such as the facts, the issue, the holding and the rationale.

Unlike annotating, highlighting provides an effective way to color code, which makes referring to the case even easier. In addition, Highlighters are particularly useful in marking off entire sections by using brackets. These brackets will allow you to color-code the case without highlighting all the text, leaving the most important phrases untouched for a more detailed highlight marking or underlining.

Highlighting is a personal tool, and therefore should be used to the extent that highlighting helps, but should be modified in a way that makes it personally time efficient and beneficial. For instance, you might combine the use of annotations in the margins with the visual benefit of highlighting the relevant text. You may prefer to underline the relevant text with a pencil, but to use a highlighter to bracket off the different sections of a case. Whatever you choose to do, make sure that it works for you, regardless of what others recommend. The techniques in the remainder of this section will describe ways to make full use of your highlighters.

First, buy yourself a set of multi-colored highlighters, with at least four, or perhaps five or six different colors. Yellow, pink, and orange are usually the brightest. Depending on the brand, purple and green can be dark, but still work well. Although blue is a beautiful color, it tends to darken and hide the text.

Therefore we recommend that you save blue for the elements that you rarely highlight.

For each different section of the case, choose a color, and use that color only when highlighting the section of the case designated for that color. Consider using yellow for the text that you tend to highlight most frequently. Because yellow is the brightest, you may be inclined to use yellow for the Conclusions in order to make them stand out the most. If you do this, however, you will exhaust your other colors much faster than yellow and this will require that you purchase an entire set of new highlighters when a single color runs out because colors such as green are not sold separately. If instead you choose to use yellow on a more frequently highlighted section such as the Analysis, when it comes time to replace your yellow marker, you will need only to replace your yellow highlighter individually. In the personal experience on one of the authors, the sections of cases that seemed to demand the most highlighter attention were the

Facts and the Analysis, while the Issues and Holdings demanded the least. Other Considerations and

Procedural History required lots of highlighting in particular cases although not in every case.

Experiment if you must, but try to choose a color scheme early on in the semester and stick with it. That way, when you come back to the first cases of the semester, you will not be confused with multiple color schemes. The basic sections of a case for which you should consider giving a different color are:

(b) Procedural History

(d) Holding (and conclusions)

(e) Analysis (rationale)

(f) Other Considerations (such as dicta)

Not all of these sections demand a separate color. You may find that combining Facts and Procedural History or Issues and Holdings works best. Furthermore, as mentioned above, some sections may not warrant highlighting in every case (e.g., dicta probably do not need to be highlighted unless they are particularly important). If you decide that a single color is all that you need, then stick to one, but if you find yourself highlighting lots of text from many different sections, reconsider the use of at least a few different colors. Highlighters make text stand out, but only when used appropriately. The use of many colors enables you to highlight more text without reducing the highlighter’s effectiveness. Three to four colors provides decent color variation without the cumbersomeness of handling too many markers.

Once you are comfortable with your color scheme, determining exactly what to highlight still may be difficult. Similar to knowing what to annotate, experience will perfect your highlighting skills. Be careful not to highlight everything, thus ruining your highlighters’ effectiveness; at the same time, do not be afraid to make mistakes.

Now that we have covered the basics of reading, annotating, highlighting, and briefing a case, you are ready to start practicing. Keep the tips and techniques mentioned in this chapter in mind when you tackle the four topics in the remainder of this book. If you have difficultly, refer back to this chapter to help guide you as you master the case method of study and the art of using the common law.

Five Tips for a Great Legal Writing Assignment

September 25, 2012 By Lee Burgess 2 Comments

Follow the format outlined by your professor. It is likely your legal writing professor has given you instructions for the overall format of your legal writing assignment. In addition, your professor may have given you formatting instructions for the body of your assignment, such as that you need to follow IRAC. Whatever the instructions, follow them . Sure, you may think it is an overly formal or a frustrating way to write—but to be honest, no one cares. You need to write for your professor . It is more important to write in the way your professor has outlined, than as you personally prefer. And it is not going to be the last time your writing will need to conform to someone else’s rules. As a working attorney you often need to write in the format requested by your boss or even by the court. So get used to it!
Remember, your writing doesn’t need to be full of legalese—the best legal writing is often simple! So many law students make the mistake of thinking that to “sound like a lawyer” they must use every possible legal term out there. This is just not the case. Often the most effective legal writing is very clear and concise and only uses legal terms or “legalese” when appropriate (say, when you are using a term of art). It is also important to work on writing in a clear, concise way because your assignments may have maximum word count. So using extra words to sound “more professional” won’t really help your grade in the end.
Answer the question asked by your assignment. Often students get so caught up in writing their assignment that they forget to focus on the question that was asked of them. It is important to read and re-read (and even read again) the assignment sheet. You don’t want to make a mistake and write something off topic. Remember, answering the question is key to getting a good grade!
Plan before you write. A great legal writing assignment is organized. And for most of us this means that you need to plan your paper just as you would plan an essay or any other project. Organization is key and it takes time to sit with the research and develop your answer. Make sure you build this time into your plan of how you are going to get your assignment done.
Proofread and double-check citations. As an attorney-in-training, it is very important to present yourself in a professional way. That means that you need to proofread your assignments to present yourself in a professional way to your professor as well. If your assignment is riddled with typos, it is distracting for the professor and likely will cause your grade to drop. Also, students often are lax when handling citations. You are typically graded on the accuracy of your citations. Citations are not hard, but you must be detail oriented and look things up! I have seen many a legal writing grade go down because students didn’t spend adequate time or energy on citations. Don’t let this happen to you.

Legal writing, like most things, gets easier the more that you do it. So do every practice assignment assigned and get as much feedback as you can. This will help you become an excellent legal writer, which is a critical skill in our profession.

Check out these other helpful posts:

Surviving the first weeks of law school .
Law school exam prep 101 .
Getting feedback on past exams is critical .
Pay attention in class, it can save you time !

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About Lee Burgess

Lee Burgess, Esq. is the co-founder of the Law School Toolbox , a resource for law students that demystifies the law school experience and the Bar Exam Toolbox , a resource for students getting ready for the bar exam. Lee has been adjunct faculty at two bay area law schools teaching classes on law school and bar exam preparation. You can find Lee on Twitter at @leefburgess , @lawschooltools , & @barexamtools .

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How To Prepare For The LSAT: Resources And Common Questions

Updated: Apr 17, 2024, 8:06am

How To Prepare For The LSAT: Resources And Common Questions

Law schools are known for their demanding admissions requirements. To apply to law school, aspiring law students typically write a law school personal statement , polish their résumés and send test scores to demonstrate their readiness to succeed in a rigorous curriculum.

The only standardized test accepted by every American Bar Association accredited law school is the Law School Admission Test (LSAT)®. The LSAT tests your reasoning, reading comprehension and writing skills as they apply to concepts covered in law school. Law schools use the LSAT to determine whether applicants are well-suited for a J.D. degree program. While the test is not a legal aptitude test, law schools rely upon it because of its ability to predict academic performance in the first year of law school.

Find out what to expect from the LSAT in this guide, which explores the test’s subject areas, its structure and how to prepare for the LSAT.

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What Is The LSAT?

The LSAT—offered by the Law School Admission Council (LSAC)®—is a standardized test for prospective law school students. The test examines your skills in reading, writing and reasoning, measuring your potential success in a law program. The LSAT features multiple-choice questions and a writing portion.

LSAT Questions

The multiple-choice section tests your critical thinking and reading comprehension skills through four 35-minute blocks of questions. The questions cover the following topics:

Reading comprehension. This section includes reading material typically found in law school. The questions gauge your ability to dissect information, draw conclusions and understand key points. The LSAT includes four reading passages, each with a series of follow-up questions.
Analytical reasoning. This section presents scenarios featuring facts, rules and relationships. You’ll answer questions using problem-solving skills to assemble the puzzle of each scenario while adhering to relevant rules or limitations. Starting in August 2024, this section will be eliminated, and instead the exam will include two sections dedicated to logical reasoning.
Logical reasoning. The LSAT’s logical reasoning portion includes source-based passages, each with up to two follow-up questions. The questions cover analogies, argument flaws and logical reasoning patterns.

The test also includes one unscored question section covering one of the above topic areas. LSAC uses these questions for quality assurance to strengthen the accuracy of future tests.

LSAT Writing®

LSAT Writing consists of a scenario prompt with two positions the writer can take. This section requires you to choose a side of an argument and use your reasoning and logic skills to support your choice in a persuasive essay. You complete this section separately from the rest of the LSAT, and you have 35 minutes to do so. LSAT Writing is monitored through live proctoring software, allowing test takers to complete it from their own homes, a development that came about, initially, in response to the Covid-19 pandemic.

LSAT Scoring

The LSAT counts each question you get right rather than subtracting questions you get wrong from a cumulative score. (In other words, there is no penalty for guessing.) LSAC does not score LSAT Writing samples.

The LSAT scoring scale ranges from 120 to 180. The final score report includes your score, your percentile rank compared to other test takers and a score band that highlights your proficiency in each area of the exam. LSAC sends your LSAT score report and writing sample to your law schools of choice.

Common Questions About the LSAT

How long does the lsat take.

The LSAT takes about three hours to finish, including all five sections and a break. You can take the 35-minute writing portion up to eight days before the day you take the multiple-choice portion of the LSAT.

The LSAT includes two 35-minute sections of multiple-choice questions, followed by a 10-minute break. The test then continues with its final two 35-minute multiple-choice sections.

You can request additional breaks between each section if you qualify for accommodations.

How Many Times Can You Take the LSAT?

You can take the LSAT up to seven times. However, you are limited to five tests per five-year reportable scoring period. These rules only apply to tests taken from September 2019 to the present. Therefore, any LSATs you took before that time don’t count toward your limit.

You can’t retake the LSAT if you receive a perfect score in the current or past five testing years.

Is the LSAT Required for Law School?

The LSAT isn’t required for all law schools. Some schools also accept the Graduate Record Examinations (GRE)® or the Graduate Management Admission Test (GMAT)™. Law schools that accept the GRE or GMAT also accept LSAT scores.

What Can You Expect on LSAT Test Day?

The LSAT is administered online with a remote proctor and in person at professional testing centers. You get a 10-minute break halfway through the test. You can leave the room during your break, but you may not use electronic devices and you must check in with your proctor before beginning the second half of the LSAT.

LSAC allows you to have earplugs, tissues, water in a transparent container and medication on your desk if needed. The test no longer allows scratch paper except as an approved accommodation, but the LSAT Writing interface includes a digital scratch paper section.

You can take the written portion before or after completing the standard LSAT. The LSAT Writing takes place online with a live proctor only.

What Is a Good LSAT Score?

LSAT scores range from 120 to 180, and the median LSAT score is about 152. However, each law school determines its minimum LSAT score for applicants, with more competitive schools preferring scores of 160 or higher.

Common Questions About LSAT Writing

Is lsat writing required for law school.

LSAT Writing is not required for law schools that do not require the LSAT for admission; you may instead take the GRE for these schools. However, if your school does require the LSAT, you’ll need to complete LSAT Writing. Your school will not consider your LSAT complete if it doesn’t include LSAT Writing.

Is LSAT Writing Scored?

No, LSAT Writing isn’t scored. LSAC sends your writing sample to the law schools to which you apply. Those schools evaluate your writing sample based on their own requirements.

Do Law Schools Actually Read Your Writing Sample?

Law schools that require LSAT scores read each applicant’s writing sample. A school can weigh the importance of LSAT Writing samples however they’d like when determining whether an applicant qualifies for admission.

Does LSAT Writing Have a Minimum or Maximum Word Count?

LSAT Writing does not set a minimum or maximum word count. Instead, test takers should focus on writing a well-planned, organized and thorough essay during the 35-minute testing portion.

Common Questions About LSAT Prep

When should you start preparing for the lsat.

Anyone preparing for the LSAT should study relevant content for at least several weeks. If you have a lot of time to study, you might feel ready after just one or two months of preparation. However, some test takers might need three months or more to feel better equipped for the LSAT.

What’s the Best LSAT Prep Strategy?

Preparing for the LSAT is an intensive process and systems like memorization that might aid in a college exam do not help when taking the LSAT. As a result, preparing for the LSAT is a process that normally requires months of study, rather than weeks. For example, a preparation cycle of three to six months is very common.

A good starting point is to simply take a full practice test, often called ‘a diagnostic’ so that you can establish a baseline score. In addition to working through a formalized curriculum it is important to remember that taking practice tests after completing that curriculum will form the backbone of your preparation and will also help you objectively assess your readiness to take the test formally.

Are There Free LSAT Prep Resources?

Yes, there are several free LSAT prep resources, including official LSAC LawHub practice tests. Khan Academy also provides a free online LSAT prep course. However, given the correlation between your LSAT score and the cost of attending law school, test takers are strongly encouraged to invest in their test preparation, although spending thousands of dollars is rarely necessary.

LSAT Prep Resources to Consider

Studying for the LSAT and practicing under test conditions should acclimate you to the test and the conditions you will encounter on test day, the idea being that it will help you counter test anxiety and properly understand this very difficult exam. Below are some of the most popular resources for LSAT preparation.

LSAC’s LawHub is free for test takers who want extra practice before taking the exam. The plan includes exam-like testing modules and four official practice tests with instant scoring to determine critical study areas. However, it is important to remember that the level of instruction is going to be very different from that experienced in commercial test preparation offerings.

LawHub Advantage

LawHub Advantage is a paid version of the LawHub free study program, priced at $115 annually. It includes about 60 practice exams, educational resources and a status tracker for law school applications. This is an excellent resource for someone who has learned how to understand the test and needs to practice the test under increasing amounts of time pressure, and under test conditions.

LSAT eBooks and Prep Books

LSAC provides several official eBooks and test prep books for purchase on Amazon and other online retailers. One of its most comprehensive books, “The New Official LSAT TriplePrep Volume 1™,” includes three recent practice tests with answer keys, a scoring conversion table and three LSAT Writing prompts.

Other books include a single or bundle of practice tests. Each book generally costs between $10 and $25, with lower-priced e-book versions available. However, experts note that learning the test through the use of a book alone can lead to learning bad habits that can cause plateaus and which can be difficult to break.

Khan Academy Official LSAT Prep

The Khan Academy Official LSAT Prep program is a free study resource that identifies which exam areas you may need to develop. It then uses that information to create a custom plan with lessons and skills practice. Khan Academy is an excellent starting place, but with law school tuition costing hundreds of thousands of dollars, even at average schools, investing in quality LSAT preparation is strongly encouraged.

The Cost of LSAT Prep

The cost of LSAT preparation programs varies widely and depends on the experience of the tutor, whether the content is provided in person (more costly) or online and the level of student to tutor interaction. For instance, some providers offer subscription fees under $100 but with minimal interaction. Others range from anywhere between $1,000- $5,500 but spending such a large sum is rarely necessary. Test takers will also be encouraged to note that many providers allow waivers for those with an LSAT approved fee waiver.

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As a self-proclaimed lifelong learner and former educator, Amy Boyington is passionate about researching and advocating for learners of all ages. For over a decade, Amy has specialized in writing parenting and higher education content that simplifies the process of comparing schools, programs and tuition rates for prospective students and their families. Her work has been featured on several online publications, including Online MBA, Reader’s Digest and BestColleges.

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Delegation vs Assignment: Everything You Need to Know

The clause in an agreement that indicates a party's ability to designate their duties or rights is known as an assignment and delegation provision. 3 min read updated on January 01, 2024

Delegation vs. assignment: What's the difference? Delegation occurs when a party to a contract transfers the authority and responsibility for fulfilling a particular contractual duty to another party. Delegation is not concerned with the transfer of contractual rights. An assignment occurs when the original party to a contract transfers the rights and duties of the contract to another party.

Delegation and Assignment Overview

The clause in an agreement that indicates a party's ability to designate their duties or rights is known as an assignment and delegation provision. This provision is most commonly seen in the general or miscellaneous sections of a contract. However, it should not be considered standard contract language that never changes.

A clause of transferability for an assignment should be carefully considered and precisely drafted. Please note that a party assigns their rights and delegates their duties.

Unless the contract states it, consent is not needed for assignment or delegation. Make sure to review the language in the contract to figure out if the other party's approval is needed before proceeding with assignment rights or delegation duties. The rules governing assignment and delegation will vary from state to state. Attorneys with experience in business contracts or contract law may be able to assist in determining whether an assignment or delegation is allowed in your current contract.

The process of transferring accountability and responsibility is referred to as an assignment. There is no need to get a third party to approve a contact in an assignment. The rights within a contract are related to an assignment. All contracts contain rights, which are held by one of the involved parties.

A contract assignment occurs when a party assigns their contractual rights to a third party. The benefit the issuing party would have received from the contract is now assigned to the third party. The party appointing their rights is referred to as the assignor, while the party obtaining the rights is the assignee.

For example, assume you're a plumber and have contracted with a homeowner to fix their plumbing for $100. As the plumber, you have the right to collect these funds from the homeowner. You also have the ability to transfer this right to collect to another party, which means you may assign contract rights. In an assignment, you may transfer the rights but not the obligations.

Remember, through the process of assignment, it is possible to transfer the benefits but not the obligations. You can prohibit an assignment from occurring by explicitly stating this in the contract.

The outcome from an assignment includes:

The assignee having the ability to sue the obligor. The obligor is the party that's culpable for carrying out the duties included in the contract.
The obligor has the same safeguards against the assignor as those with the assignee.
The obligor is required to pay the assignor until the assignment is known by the assignor.
Determine if assignments should be allowed.
Determine whether the entire contract or only specific sections should be open for assignment.
When an assignment is permitted, specifically state what duties and rights are eligible to be assigned.
Will the assigning party need to get approval from the non-assigning party, or will a notice be sufficient?
State the resolution process for assignments that have occurred but are prohibited by an anti-assignment clause .
Divested entities
Acquisitions

When Is Assignment Permissible?

Generally, parties are able to assign their rights, but some exceptions still apply:

The assignment may not increase the obligations of another party
Parties do have the ability to state in the contract that assignments are not allowed

In contract law, delegation is the act of giving another party the responsibility of carrying out the performance agreed to in a contract. The party receiving the responsibility must accept the responsibility and authority. Some of the consequences of a delegation include:

The liability is transferred to the delegator from the delegatee
Please note, the obligee is the party to whom an obligation is owed.

If you need help determining the benefits of delegation vs. assignment, you can post your job on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.

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Content Approved by UpCounsel

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Assignment Legal Definition
Assignment Of Contracts
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Dean Lee Fisher CSU Law Spring 2024 Leadership Course Class Schedule and Assignments 4.5.24 REVISED (002)

Espionage trial of U.S. reporter Gershkovich gets underway in Russia

The Russian trial of U.S. reporter Evan Gershkovich on spying charges opened Wednesday in Yekaterinburg more than 14 months after he was arrested there while on a reporting assignment for the Wall Street Journal. He was brought 1,000 miles to the Urals city from Moscow where he was being held in the capital's Lefortovo prison. Photo by EPA-EFE

June 26 (UPI) -- The Russian trial of U.S. reporter Evan Gershkovich on spying charges opened Wednesday in Yekaterinburg, 1,000 miles east of Moscow, 14 months after he was arrested while on a reporting assignment for the Wall Street Journal.

He is accused of gathering classified information for the CIA on a Russian tank manufacturer near Yekaterinburg -- allegations the WSJ and the White House strongly reject -- and faces a maximum sentence of 20 years in prison if, as expected, he is convicted. Advertisement

The trial is being held behind closed doors but journalists allowed in to the Sverdlovsk Regional Courthouse before the proceeding got underway reported the 32-year-old appeared to be in good spirits.

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A Federal Security Service indictment alleges he was acting "under instructions from the CIA" and "using painstaking conspiratorial methods," to collect secret information" about defense contractor Uralvagonzavod in Yekaterinburg.

The trial which is expected to take several months was later adjourned through Aug. 13 ., according to court officials. Advertisement

Only his defense lawyers are permitted in court for the trial and he has had limited consular access while in detention.

Deborah Ball, deputy world coverage chief of the WSJ which claims the Kremlin is "stockpiling Americans" as currency to exchange for Russians imprisoned in the West, condemned the trial as a sham.

"This is a bogus process. It's outrageous and outlandish. Evan will not enjoy any of the due process that we would expect in any Western court. It will be closed door. It will be secret," Ball said. "Russia's acquittal rate is less than 1%. We don't expect any chance of him being acquitted."

The Guardian's Russia reporter Pjotr Sauer who is a friend of Gershkovich, told CNN, "Evan is just an honest journalist," and emphasized that Russian authorities have not presented any evidence against him.

Russian President Vladimir Putin told Fox News host Tucker Carlson in an interview aired in February that he would be open to a prisoner swap that could include releasing Gershkovich.

He said "special services are in contact with one another" and that he believed "an agreement can be reached."

Kremlin spokesman Dmitry Peskov last week confirmed that "such interaction does exist" but that Moscow would not be commenting further due to the delicacy of the negotiations. Advertisement

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Tucker Carlson
Dmitry Peskov