how to write an introduction in a law essay

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How to Write a First-Class Law Essay: Mastering the FIRAC Model

Law essays can be challenging, but they contribute significantly to the mastery of legal principles and enhancing a student’s legal research skills. A first-class law essay does not only demonstrate a thorough understanding of legal principles, but is also clearly structured and incredibly well-written. In this article, we will guide you on how to write a first-class law essay, delve into the FIRAC model of legal writing, and address frequently asked questions on law essay writing.

Below is an outline of the points that will be discussed in detail throughout the article:

Understanding the Essay Question and Planning

Comprehensive legal research, writing techniques for a first-class law essay, common faqs on law essay writing.

Table of Contents

The first step in writing a top-notch law essay is to understand the essay question and planning your response. You should take care to read and analyze the question provided, identifying the main issues, required legal areas, and the keywords that will guide your research. Create a rough essay plan, outlining the main arguments and research resources necessary to address the topic.

Thorough researched is necessary in order to write a first-class law essay.This involves examining relevant cases, statutes, academic articles, and other authoritative sources. It is crucial to:

Build a strong foundation of understanding for the specific legal topics involved
Identify any contrary viewpoints and conflicting interpretations of the law
Familiarize yourself with critical legal developments that may affect your essay’s arguments

It is essential to keep track of your sources and their essential details, as you will need to reference them accurately in your essay.

Structuring a Law Essay: The FIRAC Model

The FIRAC model is a universally recognized method of organizing and presenting legal arguments in writing. It consists of:

Start by providing a concise and relevant summary of the facts and background of the issue beingaddressed. Be objective and neutral in your presentation, ensuring that your readers have a clear understanding of the context.

Clearly identify the specific legal issues that arise from the facts. This may involve direct questions or problems that need to be resolved by referring to legal authorities, such as legislation, case law, or academic commentary.

Set out the relevant legal rules, principles, and precedents that apply to the issues in question. Present a clear and comprehensive explanation of the legal authorities and how they apply to the facts.

d. Analysis:

In this section, critically analyze and weigh the various arguments and approaches concerning the legal issues at hand. Provide a detailed evaluation of the relevant legal authorities,discussing their strengths and weaknesses, and highlighting any ambiguities, disagreements, or gaps in the law that are relevant to the issues being addressed.

e. Conclusion:

Wrap up your essay by summarizing the main points, integrating your key findings and the implications of your analysis. Be sure to address the initial essay question and provide a clear answer or position based on your research and discussion. Finally, offer any recommendations or propose potential legal reforms if appropriate.

To ensure that your law essay stands out as first-class, it is essential to embrace effective writing techniques, such as:

Clarity and precision: Use clear, concise language and avoid unnecessary jargon or verbosity. 2.Coherent organization: Organize your essay logically, ensuring that each section flows smoothly into the next.
Strong argumentation: Build well-reasoned arguments supported by solid evidence, authoritative sources, and persuasive analysis.
Critical thinking: Question assumptions, explore alternative viewpoints, and engage in thoughtful reflection and analysis.
Proper citation and referencing: Adhere to a consistent citation style and accurately credit all sources used in your essay.
Proofreading and editing: Always proofread and edit your essay meticulously, eliminating grammatical errors, spelling mistakes, and awkward phrasing.

Here are answers to some frequently asked questions about law essay writing:

How long should my law essay be?

The length of your law essay may vary, depending on the specific requirements and guidelines given by your instructor or institution. Typically, law essays range from 1,500 to 3,000 words, but it is crucial to adhere to the specified word count in your assignment.

How do I choose a citation style for my law essay?

Consult your assignment guidelines or ask your instructor for the preferred citation style used in legal writing at your institution, such as the Bluebook, Oxford Standard, or AGLC. Always use one citation style consistently throughout your essay.

Is it acceptable to use non-legal references in my essay?

While law essays primarily rely on legal authorities, it may be appropriate toinclude non-legal references, such as scholarly articles, reports, or empirical studies, to support your arguments or provide additional context. Always check with your instructor or assignment guidelines if you are unsure about using specific non-legal sources.

Can I use headings and subheadings in my law essay?

Headings and subheadings help organize your essay and guide your readers through your arguments. They are generally acceptable in law essays unless prohibited by your institution’s guidelines or your instructor’s preferences. Be sure to use a consistent formatting style for all headings and subheadings.

How can I avoid plagiarism in my law essay?

To avoid plagiarism, always accurately cite and reference any sources you use in your essay,whether they are direct quotes, paraphrased ideas, or summarized information. Also, ensure that your essay is primarily composed of your own original analysis and ideas, rather than relying too heavily on other sources. Make use of plagiarism-checking tools to identify potential areas of concern and correct them prior to submission.

By adhering to these guidelines and employing effective writing techniques, you can enhance the quality of your law essay and increase the likelihood of earning a first-class grade. Always remain diligent, focused, and committed to delivering thorough and engaging legal analysis throughout your academic writing endeavors.

Common Mistakes to Avoid in Law Essays

In addition to following the guidelines and writing techniques, it’s important to avoid common mistakes when writing your law essay:

Irrelevant or excessive detail : Stay focused on the essay question and avoid providing unnecessary or excessive details that don’t contribute to your central argument.
Lack of structure: Ensure that your essay is logically organized, with clearly defined sections and a coherent flow from one section to another.
Misunderstanding the question: Read the essay prompt carefully, and make sure you clearly understand what is being asked before drafting your response. Seek clarification if needed.
Unsupported claims or arguments: Back up your claims with solid evidence and credible sources. Avoid makingassertions without sufficient justification or analysis.
Overly complex language or jargon: Write in a clear and concise manner, using language that is accessible to your readers. Be mindful of using overly technical terms or legal jargon without explanation.
Plagiarism: Always provide proper citation and referencing for all sources used. Take the necessary steps to ensure your work is original and does not plagiarize from other sources.
Inadequate proofreading: Thoroughly proofread and edit your essay to correct grammatical errors, spelling mistakes, and clumsy phrasing. Additionally, make sure your citations and references are accurate and formatted correctly.

By avoiding these common mistakes and adhering to the aforementioned guidelines andwriting techniques, you will significantly improve the quality of your law essay and increase your chances of achieving a high grade. Remember that practice makes perfect, and continually refining your skills in legal writing and analysis will contribute to your overall success in your academic and professional pursuits. So, stay committed, diligent, and focused on producing well-reasoned and coherent essays that demonstrate your understanding and mastery of legal principles and concepts.

Happy writing!

Tips from your Tutor: How to Write the Perfect Law Essay Introduction

After reading the first few sentences of a law essay, most markers will start to formulate an idea of the mark range. If they start with a Credit, Pass or Fail mark in mind, it becomes incredibly difficult for the paragraphs that follow to bring the paper back up into the higher mark brackets. Impress your marker from the get-go by following these tips…

1. Provide context

You may be keen to begin outlining your points in the first sentence of your essay, but it’s good practice to open your paper with one to three sentences of background information that provides context for the argument that follows. For example:

In 2009, the […..] Act was introduced to remedy problems of […..] However, from its inception it has been criticised for [.....].

2. Refer to the question

It’s good to have some brief background information in your introduction, but this is worthless if it is not related back to the question. Make sure you clearly refer to the question in your introduction by using its key terms throughout. For example, if the question is: “What has been the impact of the […] amendments?” you could refer to the question in the following way:

This essay will examine recent amendments to the [.....] Act and explore their effect upon […..].

3. Be specific

Be specific about where your essay will go. Which reforms or mechanisms will you focus on? Which one(s) will you avoid? Why? Will you draw on any comparative jurisdictions? Theories?

This essay will examine the effectiveness of civil litigation rules in relation to Summary Judgments only. Summary judgments have been chosen as the key area of inquiry because they are the major mechanism a judge can use to filter out cases that should not go to trial. This essay will draw upon the American experience to suggest that a higher threshold test is preferable to NSW’s current standard…

4. Provide a roadmap

After you outline the scope of your argument, you should provide a brief outline of your essay’s structure to assist the reader:

In section I, this essay will outline the key recommendations of the […..] Report. Section II will examine the implementation of these recommendations in the current [……] Amendment Act. In section III, the effectiveness of this amending instrument will be critiqued, before possibilities for reform outlined in Section IV.

5. Finish with your conclusion(s)

Students are often quite shy about putting their conclusion(s) into their introduction, but this comes across as polished and professional:

This essay will ultimately conclude that the threshold test for obtaining a default judgment is inappropriate and unfair, and should be raised to reflect the standard in [jurisdiction].

Marie Hadley is a lawyer, PhD candidate at UNSW, and tutor who loves teaching legal writing and problem solving skills.

FROM THE ARCHIVES: This story was first published on Survive Law on 22 August 2013.

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Legal Writing Tip: Start Your Brief with a Solid Introduction

how to write an introduction in a law essay

Here is an example of an effective opener from a brief written by Stephen M. Shapiro, the author of Supreme Court Practice :

Like all other states, Pennsylvania requires funds to finance the construction, maintenance, and repair of its roads, bridges, and tunnels. Also like other states, Pennsylvania raises the funds largely through taxes and fees levied on the users of its highways. A substantial proportion of these taxes is paid by interstate motor carriers. Appellant American Trucking Associations, Inc., as their representatives, has brought this suit not because of any objection to the raising of revenues by highway-user charges or to the level of revenues Pennsylvania seeks to raise, but solely because the discriminatory nature of the two highway-use taxes Pennsylvania has adopted—the marker fee and its successor, the axle tax—favors local interests at the expense of interstate commerce.

In his book, Point Made , legal writing expert Ross Guberman offers four ingredients for cooking up a “sizzling” introduction:

1. Begin with a paragraph or two explaining who the parties are; when, where, and how the dispute arose; what the question is (what the fight is over); and why your side is right. This is the “Brass Tacks” approach.

2. List three or four reasons why you should win. This is the “Short List,” where you “number your path to victory.” Think of the points you would make to the judge if you only had 60 seconds to do so. Include details specific to your case.

3. Give the court “a reason to feel good about ruling in your favor,” such as the fear of (a) misconstruing a doctrine or statute; (b) creating new duties, rules or defenses; or (c) reaching an unfair result or causing harm. Guberman notes that all judges want to avoid (a) and (b), and many judges (off the record) want to avoid (c), as well. This is the “Why Should I Care?” technique.

4. Draw a line in the sand. This is the “Flashpoint” technique, where you contrast your view of the issue with that of your opponent, and thereby pre-empt the other side from “making the case into something it’s not.”

Here’s an example of “Flashpoint” from a brief by Associate Justice of the U.S. Supreme Court Ruth Bader Ginsburg: The issue in this case is not whether the Constitution compels the University to adopt a special admission program for minorities, but only whether the Constitution permits the University to pursue that course.

In most cases, starting with a “Brass Tacks” passage and adding a “Short List” of the reasons why you should win will result in a persuasive introduction. Guberman advises throwing in “Why Should I Care?” and “Flashpoint” to concoct “the most richly flavored” introduction possible.

Attorney Savannah Blackwell is a former news reporter who covered government and politics for more than a decade, mostly in San Francisco. She can be reached at [email protected] . Follow her on Twitter at @SavannahBinSF .

For the sake of brevity, at the very least, banish these phrases from your writing

We need to talk about your special interrogatories.

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How to Write a First Class Law Essay

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Article written by Caitlin Graham, Lancaster University LLB graduate.

General Tips

Check further reading lists before finding your own sources..

Once you receive your essay question, before trying to identify your own primary and secondary sources, a good starting point is to have a look at your university’s further reading list for whichever topic the question is based upon and then research any of the relevant sources listed. Also, you can find sources by checking the further reading list of the relevant chapter in your main textbook. You can also ask for help from professional research paper writers

Plan before you start writing.

Produce a plan which outlines what all of your main arguments are, how you will make the points, which sources you plan to use, and what your conclusion will be. By having all of your notes and research in your plan in one place, this will prevent any confusion or stress trying to find something later on.

At the end of each main argument, link it back to the question.

You need to answer the question. To ensure you do this, at the end of each key point, include a sentence or two which links it back to the main question.

Make a vocabulary bank on a word document.

Making a list of words that are commonly used in essay writing and having it to hand or in a separate tab on your computer can be really useful if you get stuck whilst writing.

Use sentence starters such as ‘firstly’, ‘furthermore’, ‘therefore’, and ‘in conclusion’.

Using sentence starters will help ensure your writing is fluent and flows.

Only make direct quotations where it makes sense to.

It is not necessary to directly quote every academic commentator that you are making reference to in your essay; instead, for the most part, paraphrase.

Proofread your essay out loud before submitting.

It is very important that you not only proofread your essay before you submit it but that you do so out loud. This will help you filter out any incorrect punctuation and ensure that your writing flows.

How to Answer Each Section of an Essay

The introduction.

You should aim to do four things in your introduction:

Set out any definitions of any key terms outlined in the essay title or statement of your essay.
State what the overall aim of your essay is.
Explain how you plan to achieve this aim.
Provide a brief summary of what your essay will conclude.

The Main Body of the Essay

The main body of the essay refers to the two or three main arguments. Aim to use a range of primary and secondary sources in this part. It is crucial that critical analysis is used in this section in order to achieve a higher grade. This will mean engaging with primary and secondary sources and identifying the strengths and weaknesses of each point. Furthermore, whilst you should acknowledge both sides of the argument, you should finish by clarifying which side you find more convincing and why.

The Conclusion

A conclusion should:

Summarise how the essay has achieved its aim.
Echo what the essay’s position/opinion on the essay question/title is and explain the reasoning behind this.

Do not address any new points or arguments in the conclusion; only refer to ideas that you have already discussed. Keep the conclusion relatively brief – a few sentences should be sufficient.

Imaan Fatima

Why People and Businesses Should Be Concerned About the State of Councils.

Taking Effective Lecture Notes: A Comprehensive Guide for Law Students

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Writing a Student Note
Writing Process

The Writing Process

Typical outline of a note.

Introduction : The Introduction should include a description of the problem, a thesis statement, and a roadmap of the argument to follow.
Part I : This section should be used to set forth the background information on which the later analysis in your Note will depend. It should be a general and broad review of the important issues relevant to your topic that educates your readers about everything they must know in order to understand your Note. When writing this section, be sure to use language that a reader who is not familiar with your Note topic can easily understand.
Part II : This section should examine the major cases and statutes that your Note will be analyzing. It will contain the main portion of your analysis of how the law stands. For example, if your topic focuses on a circuit split, Part II is where you would explain the conflicting holdings and rationales. You may also choose to discuss what other commentators have said about your topic and these cases.
Part III : This section is where you will contribute your own analysis of and views on the topic. You will say why you feel the cases/commentary you analyzed are wrong and what should be done instead. In the case of a circuit split, say which side is better and why. Part III is where you should place your original thoughts and contributions, along with the conclusion of your Note.
Conclusion : The Conclusion should briefly restate what you have already said. You should not focus too much on this section when preparing this Prospectus.

Tips on Legal Writing—Patrick Garlinger ’09

While some may have a greater facility for language than others, there is nothing natural about good writing. It comes from practice—and from rewriting.

Advice on writing is easily dispensed but difficult to follow. This is largely because writing requires enormous discipline. The following are six basic principles that provide a structure for the writing process. They are not specific to academic writing or to legal writing in particular but may be especially helpful in a law school environment where time to write is a precious commodity. Over the years these guidelines have given me the discipline to start and finish, among other academic texts, a student Note.

Writing is like a muscle: Exercise it regularly.

For most students, the Note is the first experience with publishable academic writing. In college, all-nighters might produce passable term papers, but that approach certainly won’t do here. Nor will exam writing really prepare you for legal academic writing. Instead, good academic writing requires regular practice. Law school does little to assist here, since all too often the periods for working on one’s Note are isolated and scattered due to the time constraints imposed by classes, journal work, clinics, and extra-curricular activities. You may pursue a Directed Research as a way to carve out a block of time dedicated to the note or, alternately, write your note to fulfill the writing requirement of a seminar. Winter break is also a great time to make substantial progress on a first draft. Either way, you should try to work steadily on the Note so as to avoid losing momentum and focus.

Good writing does not come naturally: Read good writers.

While some may have a greater facility for language than others, there is nothing natural about good writing. It comes from practice—and from rewriting. To practice without models of good writing is, however, pointless. You must read other legal writers carefully, for both their analysis and their style. As a starting point, find a few sources that inspire your intellectual juices and, over time, keep adding to the list. Read and analyze how those writers introduce their topic and communicate their thesis. Look carefully at the architecture of their argument, their lexicon and sentence structure. In short, read them as both legal scholars and writers. Emulate (but do not copy, of course). Additionally, you may benefit from style guides that provide specific guidelines for legal writing (e.g., Bryan Garner’s Legal Writing in Plain English ). Avoid legalese. A student note should not read like a law school exam or a brief.

Know your thesis: Say it in a single sentence.

One of the most difficult tasks facing a student writer is finding a topic and narrowing the thesis. The student Note is rather short—and because you need to provide background information for your generalist readers, there is little room for sweeping analysis. As such, you should target a very discrete issue. Yet, in my experience, articulating, not finding, the topic is the most difficult task facing a student writer.

You should be able to state your thesis in one or two sentences at most. Anything longer suggests that the topic too unwieldy for a student note or, more probably, that the writer still has not fully understood the nature of the project. Pith not protraction should be your goal. If you can state your thesis in a single sentence, that clarity and concision will guide you throughout the rest of the writing process, helping to avoid unfortunate meanderings or excess material that is not essential to the argument. Simply put, if you cannot summarize your note in one or two sentences, you don’t have a thesis.

Know your writing mode: Respect your rhythm.

Everyone has a writing mode—when you are most inclined to write and how you go about composing. Some of us are “whittlers.” We write and write and write. Later, we will edit and “whittle” away the excess. We refine our ideas in the process of writing, often repeating the same thoughts in multiple guises until we hit on just the right formulation. Others are “refiners” who write just a few sentences or a paragraph and then revise and polish it to perfection before moving on. Similarly, you may have a natural rhythm when it comes to the time of day when your writing seems to flow most easily. A friend of mine prefers to write in the mornings before she has any tea or coffee, using what I call the “carrot” method of motivation.

Respect your writing style; recognizing how you work is important to maximizing it. It may prove futile to try to write against your natural rhythm. If I try to refine as I write, or if I write in the middle of the afternoon, I find myself producing very little.

Everyone suffers from writer’s block: Switch gears or put it down and rest.

Even when you know your writing mode, writing can be a difficult process; your energy comes in fits and spurts, your love for your topic waxes and wanes. When you hit a road block, change it up. Sometimes very simple changes can give you a boost. When I find myself struggling, I switch fonts, or change the spacing from single to double. Often the effect is just to defamiliarize the text, so you see it differently. If writer’s block still persists and the words elude you, take a break. Sometimes a day or two can make a difference in how the argument reads to you—the logical leaps, grammatical errors or infelicitous word choices will leap off the page.

There is a danger, though, in always caving at the first resistance to writing. Writing is hard work. It requires endurance and persistence. Force yourself to try to write for at least 10-15 minutes. A mentor was fond of saying, “Screw your a-- to the chair and don’t get up.” Like exercise, sometimes the thought of writing is more painful than the actual practice, and once you start, you find it comes more easily than anticipated.

Never fall in love with your own writing: Edit with a vengeance.

This piece of advice is owed to a former mentor who repeated it as a mantra. Whether you are a whittler, a refiner, or somewhere in between, we often fall in love with our own prose, unable to let go of a snappy sentence or an ingenious turn of phrase. Editing is the key to good writing, however, and you cannot be afraid to leave material on the cutting room floor.

Place yourself in the reader’s position and ask yourself if the sentence/paragraph/section is really essential. Because we often think we know what our words mean, we fail to realize that our readers may not find our thoughts to be so crystalline. Defamiliarize your own writing by putting the text away or it may be helpful to print out and proofread in hard copy; words will look different on the page than on the computer screen. Finally, avoid the fetish of the footnote as the last refuge for material that should be cut. It is cliché but true that less is often more.

Additional Resources

Writing Workshop Video : A September 2008 presentation by Vice Dean Barry Friedman, Professor Florencia Marotta-Wurgler, Patrick Garlinger, ’09, and Ilana Harmati, ’10, on student legal writing.
Eugene Volokh, Academic Legal Writing: Law Review Articles, Student Notes, and Seminar Papers (2003)
The Bluebook : the guide to legal citation to use in writing and editing legal scholarship.

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How to Write a Law Essay: 8 Steps

December 28, 2023

1. Choosing an Essay Topic

When it comes to writing a law essay, choosing an appropriate topic is crucial. A well-chosen topic will make your research and writing process smoother and more enjoyable, while a poorly chosen topic can lead to frustration and a lackluster essay.

Firstly, consider what has piqued your interest in your law studies so far. Perhaps there was a case or topic that you found particularly intriguing, or an aspect of law that you feel needs further exploration. Alternatively, you could focus on a current legal issue that you feel strongly about and want to delve deeper into.

It’s also important to make sure your topic isn’t too broad or too narrow. Too broad of a topic can result in a lack of focus, while a topic that is too narrow won’t give you enough research material to work with.

Ultimately, choosing a law essay topic is about finding a balance between your personal interests and the practical aspects of your assignment. Take the time to carefully consider your options, and don’t be afraid to ask for input or guidance from your professor or classmates.

Possible Law Essay Topics

The impact of social media on defamation laws.
Analyzing the constitutionality of mandatory minimum sentencing.
The effectiveness of restorative justice in reducing recidivism rates.
Legal implications of artificial intelligence in the workplace.
Exploring the rights of privacy versus national security in the digital age.
Examining the legal and ethical issues surrounding euthanasia.
Assessing the role of international law in combating climate change.
Analyzing the legal framework for cyberbullying and online harassment.
The legalization and regulation of recreational marijuana: a critical analysis.
Exploring the intersection of intellectual property rights and emerging technologies.

Remember to choose a topic that aligns with your interests and research availability, while ensuring that it is adequately focused for a detailed analysis within the scope of your essay.

2. Researching the Topic

Before diving into writing a law essay, it’s essential to conduct thorough research on the chosen topic. This step is critical to ensure that the essay is factually correct, well-supported, and logically structured. Here are some tips on how to research effectively for a law essay:

Begin by gathering basic information. Use specialized textbooks, journals, and databases to gain a foundational understanding of the topic.
Use secondary sources to gain a broader perspective on the topic. Utilize reputable news sources, government publications, and online legal databases to broaden your search.
Access case law. To support your arguments, cite legal cases that illustrate your argument. Access online case law databases that have accessible search functions.
Use primary sources. Primary sources include statutes, regulation, and the constitution. It’s important to have a good grasp of the primary sources since they are the basis of much of legal research.
Take notes. Keep track of all relevant information, including sources and citations. Use an organized format that will make outlining and writing the essay a simpler process.
Evaluate and analyze. Through the research process, it’s important to analyze the information found. Determine what is and is not relevant, and how it factors into your argument.

By conducting thorough research, you will be able to support your argument with a well-evidenced and structured essay. Remember to keep track of all sources and citations as they will be necessary in the writing process.

3. Developing Strong Thesis Statement

Developing a strong thesis statement is essential when writing a law essay. This powerful statement sets the tone for the entire article and guides the reader’s understanding of your argument. To create an effective thesis statement, you must first fully understand the topic and question at hand. Take your time to research and gather relevant information to support your viewpoint. As you delve deeper into the subject, analyze different perspectives and identify the key arguments surrounding the topic. Once you have a clear understanding of the various viewpoints, narrow down your focus and craft a concise and persuasive thesis statement that clearly states your position. Remember, a strong thesis statement should be debatable, specific, and assertive. Spend time honing your thesis to ensure it effectively conveys your argument and engages the reader’s interest.

Example thesis statement:

“The death penalty should be abolished in the United States because it violates the Eighth Amendment, fails to act as an effective deterrent, and disproportionately affects marginalized communities.”

4. Structuring the Law Essay

Structuring your law essay is crucial to ensure clarity, coherence, and a logical flow of ideas. Here’s a breakdown of how to structure your law essay:

Introduction:

Provide a brief overview of the topic and its significance.
Present the thesis statement, clearly stating your argument.

Background and Context:

Provide necessary background information to help the reader understand the topic.
Explain relevant legal concepts, principles, or statutes related to your argument.
Start each paragraph with a topic sentence that relates to your thesis statement.
Present your arguments and support them with evidence, case law, or legal authorities.
Use clear and concise language to explain your points and provide analysis.

Counter-Argument:

Acknowledge and present the counter-argument(s) objectively and logically.
Refute the counter-argument(s) with reasoned explanations and supportive evidence.

Conclusion:

Summarize your main arguments and their supporting evidence.
Restate your thesis statement and highlight its significance.
Offer some final thoughts or suggestions for further research or action.

Remember to use appropriate headings and subheadings to structure your essay effectively. Use transition words and phrases to ensure a smooth flow between paragraphs. Additionally, ensure proper citations and referencing throughout the essay to maintain academic integrity.

5. Writing the Introduction

Writing the introduction is your opportunity to grab the reader’s attention and set the tone for your entire law essay. Here’s how you can effectively structure your introduction:

Start with a hook:

Use a compelling statement, anecdote, or a relevant quote to engage the reader and create interest in your topic.

Provide background information:

Give a brief overview of the legal issue or topic you will be discussing.
Explain the significance and relevance of the topic to the field of law or society at large.

State the purpose and scope of your essay:

Clearly state your thesis statement, which should encapsulate your main argument.
Mention the key points you will address and the legal principles, cases, or statutes you will analyze.

Outline the essay structure:

Provide a brief outline of how your essay will be structured.
Mention the main sections or arguments you will present.

Establish the context:

Explain any necessary legal concepts, terms, or background information that the reader needs to understand.

Remember to keep your introduction concise and focused. It should provide enough information to orient the reader and generate interest in your essay. However, save the detailed arguments and evidence for the main body of your essay. Aim to make your introduction clear, engaging, and persuasive, setting the stage for the rest of your law essay.

6. Developing the Body Paragraphs

Developing the body paragraphs is the core of your law essay, where you present and support your arguments with evidence and analysis. Here’s how to effectively structure and develop your body paragraphs:

Start with a topic sentence:

Each body paragraph should begin with a clear topic sentence that relates to your thesis statement.
The topic sentence sets the tone and direction for the paragraph.

Present your argument:

Clearly state your argument or point of view in the opening sentences of each paragraph.
Provide supporting evidence, such as case law, statutory provisions, or legal principles, to back up your argument.

Analyze and interpret the evidence:

Explain the significance of the evidence in relation to your argument.
Analyze how the evidence supports and strengthens your position.

Use legal authorities and sources:

Cite relevant cases, statutes, or legal commentary to support your arguments.
Refer to authoritative legal sources, such as court decisions or academic articles, to provide credibility.

Use clear and concise language:

Clearly articulate your ideas using logical transitions and precise language.
Avoid unnecessary jargon or overly complex language that may confuse the reader.

Remember to properly structure your paragraphs, provide sufficient evidence and analysis, and link your arguments back to your main thesis statement. Each paragraph should contribute to the overall coherence and flow of your essay, ensuring a convincing and well-supported argument.

7. Present the Counter-argument

Presenting the counter-argument is an essential component of writing a persuasive law essay. Failing to acknowledge opposing viewpoints weakens your argument and makes it appear biased. Therefore, it is crucial to identify different perspectives surrounding the topic and analyze these perspectives objectively. Once you have identified the counter-argument, you can present it in your essay, offering evidence and explanations to support it. Addressing counter-arguments in your essay strengthens your credibility as a writer and demonstrates your ability to look at a topic from multiple perspectives. Additionally, this approach makes your essay more convincing by acknowledging and addressing potential criticism of your argument. Keep in mind that effectively presenting the counter-argument requires thorough research, logical reasoning, and evidence-based arguments. Therefore, take your time to critically analyze opposing views to ensure your argument is backed up by relevant and reliable supporting evidence. By doing so, you can construct a well-reasoned and thoughtful essay that can withstand any counter-argument.

8. Crafting the Conclusion

Crafting a strong conclusion is essential to leave a lasting impression on the reader and effectively summarize your arguments in a law essay. Here are some key steps to consider when writing your conclusion:

Summarize your main points:

Recapitulate the main arguments you presented in the body paragraphs.
Provide a brief overview of the evidence you presented to support each argument.

Reinforce your thesis statement:

Restate your thesis statement in a concise manner to remind the reader of your main argument.
Emphasize the significance and relevance of your thesis in the context of the larger legal issue.

Offer a broader perspective:

Connect your arguments to the wider legal or societal implications of the topic.
Discuss the potential consequences or impact of your findings on the field of law or legal practice.

Suggest areas for further research:

Highlight any unanswered questions or areas of debate that may require future exploration.
Propose avenues for future research or policy development related to your topic.

Conclude with a compelling closing statement:

Leave the reader with a thought-provoking final remark that leaves a lasting impression.
Use a concise and powerful statement to tie together your essay and reinforce your main message.

Ensure that your conclusion is concise, focused, and aligned with your overall argument. It should serve as a strong ending to your law essay, leaving the reader with a clear understanding of your position and the importance of the topic discussed.

Use Legal Terms Accurately

In the realm of writing law essays, the accurate and precise use of legal terms is paramount. This subheading focuses on the importance of correctly employing legal terminology in order to craft an exceptional law essay.

Mastering legal terminology is essential for two reasons. Firstly, it demonstrates an understanding and grasp of the subject matter, showcasing your expertise to both professors and potential employers. Secondly, using legal terms accurately enhances the clarity and coherence of your arguments, making your essay more persuasive and compelling. However, it is crucial to strike a balance – overusing legal jargon may alienate readers who are not well-versed in the law.

To ensure accuracy, it is imperative to consult reliable legal sources such as authoritative textbooks, journals, or statutes. Moreover, reading and analyzing sample essays or exemplary legal writing can provide guidance on how to effectively incorporate legal terms into your own work. By diligently honing your legal language skills, you will significantly elevate the quality and impact of your law essays.

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Academic Writing

How to Write a Law Essay

Last Updated: August 11, 2023

This article was co-authored by Clinton M. Sandvick, JD, PhD . Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. This article has been viewed 240,081 times.

In a college legal studies course, and in some law school courses, you may be required to write a research paper addressing a legal topic. These essays can be tricky, because the law is constantly evolving. To secure a top grade, your essay must be well-researched and coherently argued. With proper planning and research, you can write a stellar legal essay. [Note: this article does not address how to write law school essay exams or bar exam questions, which require different techniques and strategies.]

Choosing an Essay Topic

Step 1 Carefully read the assignment prompt.

A narrow essay prompt might read, "Discuss the evolution and impact of the exclusionary rule of evidence in the United States." A broad prompt might read, "Discuss how a civil rights movement led to changes in federal and/or state law."
If you are invited to choose your own topic, your professor may require you to submit a written proposal or outline to ensure that your chosen topic complies with the prompt. If you are not sure if your topic is within the parameters of the prompt, propose your topic to your professor after class or during his or her office hours.

Hopefully, your course readings, lectures, and class discussions will have given you enough background knowledge to select a topic. If not, review your class notes and browse online for additional background information.
It is not uncommon to change your topic after doing some research. You may end up narrowing the questions your essay will answer, or changing your topic completely.

Step 4 Choose an essay topic of interest to you.

If you can, try to focus on an are of the law that affects you. For example, if your family is involved in agriculture, you may be interested in writing about water use regulations .

Researching Your Topic

Step 1 Identify what types of sources you are required to use.

If you are prohibited from citing internet resources, you can still use online research to guide you to physical primary and secondary sources in your local library or bookstore.

Look at footnotes, citations, and indexes in tertiary sources. These are great for finding books, articles, and legal cases that are relevant to your topic. Also take note of the names of authors, who may have written multiple works on your topic.

Also find search engines for related fields, such as history or political science. Ask your librarian to recommend specialized search engines tailored to other disciplines that may have contributed to your topic.

Never cut and paste from the web into your notes or essay. This often leads to inadvertent plagiarism because students forget what is a quotation and what is paraphrasing. When gathering sources, paraphrase or add quotation marks in your outline.
Plagiarism is a serious offense. If you ultimately hope to be a lawyer, an accusation of plagiarism could prevent you from passing the character and fitness review.

Step 7 Look for arguments on both sides of an issue.

Drafting the Essay

An effective introduction takes the reader out of his world and into the world of your essay. [2] X Trustworthy Source University of North Carolina Writing Center UNC's on-campus and online instructional service that provides assistance to students, faculty, and others during the writing process Go to source Explain why the subject is important and briefly summarizes the rest of your argument. After reading your introduction, your reader should know what you are going to discuss and in what order you will be discussing it.
Be prepared to revise your introduction later. Summarizing your essay will be easier after you have written it, especially if you deviate from your outline.

State each argument of your essay as a statement that, if true, would support your thesis statement.
Provide supporting information drawn from primary and secondary sources that support your argument. Remember to cite your sources.
Provide your own original analysis, explaining to the reader that based on the primary and secondary sources you have presented, the reader should be persuaded by your argument.

Formatting Your Essay

Proofreading the Essay

Open up a Word document. On the Quick Access Toolbar at the top, click on the down arrow. The words “Customize Quick Access Toolbar” will appear when you hover over the arrow for two seconds.
Click on the arrow. Then click on “More Commands.”
In the “Choose commands from” drop-down box, choose “All commands.”
Scroll down to find “Speak.” Highlight this and then click “add.” Then click “okay.” Now the Speak function should appear on your Quick Access Toolbar.
Highlight the text you want read back to you, and then click on the Speak icon. The text will be read back to you.

Step 3 Search for common typographical errors.

Do not rely on a spell checker exclusively, as it will not catch typos like "statute" versus "statue."

Revising the Essay

Step 1 Share the essay with a classmate.

You can share the essay with someone outside of class, but a classmate more likely has the requisite knowledge to understand the subject matter of the essay.

Step 2 Incorporate your professor’s comments.

Expert Q&A

About This Article

To write a law essay, start by writing a thesis statement on your chosen topic. Phrase your thesis statement as an argument, using words like “because” or “therefore” to state your point. Write an outline of the arguments you will use to support your thesis statement, then use that outline to build the body of your paper. Include any counter-arguments, but use your evidence to convince the reader why your point of view is valid, and the counter-arguments are not. Be sure to cite all of your sources in the format preferred by your professor. For tips from our reviewer on finding the best sources for your topic, keep reading! Did this summary help you? Yes No

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How to Write a Law Essay: Full Guide

Table of Contents

Introduction to Law Essays

What is a law essay.

A law essay is a scholarly piece of writing which presents a legal analysis, argument, or discussion on a particular legal issue or topic. It requires a student or legal professional to present a well-reasoned argument based on legal principles and evidence.

Importance of Clarity, Structure, and Argumentation

Clarity and structure are paramount in a law essay as they facilitate the reader’s understanding. Argumentation is the vehicle through which the writer conveys their analysis, employing logic and legal reasoning to persuade the reader of their viewpoint.

Understanding the Question

Breaking down the essay question.

Read Carefully : Understand what the question asks of you.
Highlight Key Terms : Identify action words and legal concepts.
Clarify Uncertainties : If any part of the question is unclear, seek clarification.

Identifying Key Terms and Issues

Definition of Terms : Define legal terms to set the parameters of your essay.
Issues to Address : Distinguish the main issues that will form the crux of your argument.

Research Techniques

Primary vs. secondary sources of law.

Primary Sources : These are texts of law themselves, such as statutes, cases, regulations.
Secondary Sources : These include academic articles, textbooks, and legal commentaries that provide analysis of primary sources.

Utilizing Law Libraries and Online Databases Effectively

Law Libraries : Offer comprehensive access to physical and digital legal resources.
Online Databases : Platforms like Westlaw or LexisNexis provide extensive legal databases for research.

Structuring the Essay

The significance of a clear introduction, body, and conclusion.

Introduction : Outlines the issue, states the thesis, and describes the structure of the essay.
Body : Presents arguments in a logical sequence, each supported by evidence and analysis.
Conclusion : Summarizes the main points and restates the thesis in light of the arguments presented.

How to Outline Arguments Logically and Coherently

Point, Evidence, Explanation : For each argument, state your point, back it with evidence, and explain its relevance.
Logical Flow : Ensure each argument naturally leads to the next.
Coherence : Make sure all parts of the essay work together to support the thesis.

Legal Argumentation

Developing arguments and counter-arguments.

Constructing Your Argument : Develop a clear, concise thesis statement and support it with legal reasoning and evidence.
Anticipating Counter-Arguments : Identify potential opposing views and prepare rebuttals to strengthen your position.
Using Precedent : Analyze case law to support your argument, showing how past decisions apply to your issue.
Statutory Interpretation : Use the rules of interpretation to argue how legislation should be applied to your case.

Referencing and Citations

Proper use of a legal citation guide.

Choosing a Citation Style : Adhere to the prescribed citation style, such as OSCOLA or Bluebook.
Consistency : Be consistent in formatting all your citations according to the chosen guide.

Avoiding Plagiarism and Paraphrasing

Originality : Always credit original authors for their ideas.
Paraphrasing : Learn to paraphrase legal concepts accurately without changing their meaning.

Writing Style and Language

Appropriate language for legal writing.

Formality : Use a formal tone that reflects the seriousness of the subject matter.
Precision : Choose words that convey your meaning precisely.

Clarity in Argumentation

Avoiding Legalese : Use plain language where possible to make your writing accessible.
Simplicity : Complex ideas should be broken down into simple, understandable statements.

Editing and Proofreading

Techniques for effective editing.

Structure : Check that your essay has a clear introduction, body, and conclusion.
Clarity : Remove any ambiguity and ensure your points are clear and concise.

Importance of Feedback

Peer Review : Have peers or mentors review your work to gain different perspectives.
Incorporate Feedback : Use constructive criticism to refine and strengthen your essay.

Summarizing Arguments

Restate Key Points : Briefly summarize the main arguments of your essay.
Conciseness : Keep your conclusion short and to the point, avoiding the introduction of new information.

Reiterating the Response to the Essay Question

Answer the Question : Clearly state how your essay has addressed the central question.
Closing Statement : End with a strong closing statement that encapsulates the essence of your argument.

In crafting your law essay, integrating these elements of legal argumentation, proper referencing, careful language choice, and diligent editing will contribute to a persuasive and scholarly piece of writing. Always remember to answer the essay question directly and fully, using a structured argument supported by legal sources and your own critical analysis.

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Knowledge Base
How to write an essay introduction | 4 steps & examples

How to Write an Essay Introduction | 4 Steps & Examples

Published on February 4, 2019 by Shona McCombes . Revised on July 23, 2023.

A good introduction paragraph is an essential part of any academic essay . It sets up your argument and tells the reader what to expect.

The main goals of an introduction are to:

Catch your reader’s attention.
Give background on your topic.
Present your thesis statement —the central point of your essay.

This introduction example is taken from our interactive essay example on the history of Braille.

The invention of Braille was a major turning point in the history of disability. The writing system of raised dots used by visually impaired people was developed by Louis Braille in nineteenth-century France. In a society that did not value disabled people in general, blindness was particularly stigmatized, and lack of access to reading and writing was a significant barrier to social participation. The idea of tactile reading was not entirely new, but existing methods based on sighted systems were difficult to learn and use. As the first writing system designed for blind people’s needs, Braille was a groundbreaking new accessibility tool. It not only provided practical benefits, but also helped change the cultural status of blindness. This essay begins by discussing the situation of blind people in nineteenth-century Europe. It then describes the invention of Braille and the gradual process of its acceptance within blind education. Subsequently, it explores the wide-ranging effects of this invention on blind people’s social and cultural lives.

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Step 1: hook your reader, step 2: give background information, step 3: present your thesis statement, step 4: map your essay’s structure, step 5: check and revise, more examples of essay introductions, other interesting articles, frequently asked questions about the essay introduction.

Your first sentence sets the tone for the whole essay, so spend some time on writing an effective hook.

Avoid long, dense sentences—start with something clear, concise and catchy that will spark your reader’s curiosity.

The hook should lead the reader into your essay, giving a sense of the topic you’re writing about and why it’s interesting. Avoid overly broad claims or plain statements of fact.

Examples: Writing a good hook

Take a look at these examples of weak hooks and learn how to improve them.

Braille was an extremely important invention.
The invention of Braille was a major turning point in the history of disability.

The first sentence is a dry fact; the second sentence is more interesting, making a bold claim about exactly why the topic is important.

The internet is defined as “a global computer network providing a variety of information and communication facilities.”
The spread of the internet has had a world-changing effect, not least on the world of education.

Avoid using a dictionary definition as your hook, especially if it’s an obvious term that everyone knows. The improved example here is still broad, but it gives us a much clearer sense of what the essay will be about.

Mary Shelley’s Frankenstein is a famous book from the nineteenth century.
Mary Shelley’s Frankenstein is often read as a crude cautionary tale about the dangers of scientific advancement.

Instead of just stating a fact that the reader already knows, the improved hook here tells us about the mainstream interpretation of the book, implying that this essay will offer a different interpretation.

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Next, give your reader the context they need to understand your topic and argument. Depending on the subject of your essay, this might include:

Historical, geographical, or social context
An outline of the debate you’re addressing
A summary of relevant theories or research about the topic
Definitions of key terms

The information here should be broad but clearly focused and relevant to your argument. Don’t give too much detail—you can mention points that you will return to later, but save your evidence and interpretation for the main body of the essay.

How much space you need for background depends on your topic and the scope of your essay. In our Braille example, we take a few sentences to introduce the topic and sketch the social context that the essay will address:

Now it’s time to narrow your focus and show exactly what you want to say about the topic. This is your thesis statement —a sentence or two that sums up your overall argument.

This is the most important part of your introduction. A good thesis isn’t just a statement of fact, but a claim that requires evidence and explanation.

The goal is to clearly convey your own position in a debate or your central point about a topic.

Particularly in longer essays, it’s helpful to end the introduction by signposting what will be covered in each part. Keep it concise and give your reader a clear sense of the direction your argument will take.

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As you research and write, your argument might change focus or direction as you learn more.

For this reason, it’s often a good idea to wait until later in the writing process before you write the introduction paragraph—it can even be the very last thing you write.

When you’ve finished writing the essay body and conclusion , you should return to the introduction and check that it matches the content of the essay.

It’s especially important to make sure your thesis statement accurately represents what you do in the essay. If your argument has gone in a different direction than planned, tweak your thesis statement to match what you actually say.

To polish your writing, you can use something like a paraphrasing tool .

You can use the checklist below to make sure your introduction does everything it’s supposed to.

Checklist: Essay introduction

My first sentence is engaging and relevant.

I have introduced the topic with necessary background information.

I have defined any important terms.

My thesis statement clearly presents my main point or argument.

Everything in the introduction is relevant to the main body of the essay.

You have a strong introduction - now make sure the rest of your essay is just as good.

Argumentative
Literary analysis

This introduction to an argumentative essay sets up the debate about the internet and education, and then clearly states the position the essay will argue for.

The spread of the internet has had a world-changing effect, not least on the world of education. The use of the internet in academic contexts is on the rise, and its role in learning is hotly debated. For many teachers who did not grow up with this technology, its effects seem alarming and potentially harmful. This concern, while understandable, is misguided. The negatives of internet use are outweighed by its critical benefits for students and educators—as a uniquely comprehensive and accessible information source; a means of exposure to and engagement with different perspectives; and a highly flexible learning environment.

This introduction to a short expository essay leads into the topic (the invention of the printing press) and states the main point the essay will explain (the effect of this invention on European society).

In many ways, the invention of the printing press marked the end of the Middle Ages. The medieval period in Europe is often remembered as a time of intellectual and political stagnation. Prior to the Renaissance, the average person had very limited access to books and was unlikely to be literate. The invention of the printing press in the 15th century allowed for much less restricted circulation of information in Europe, paving the way for the Reformation.

This introduction to a literary analysis essay , about Mary Shelley’s Frankenstein , starts by describing a simplistic popular view of the story, and then states how the author will give a more complex analysis of the text’s literary devices.

Mary Shelley’s Frankenstein is often read as a crude cautionary tale. Arguably the first science fiction novel, its plot can be read as a warning about the dangers of scientific advancement unrestrained by ethical considerations. In this reading, and in popular culture representations of the character as a “mad scientist”, Victor Frankenstein represents the callous, arrogant ambition of modern science. However, far from providing a stable image of the character, Shelley uses shifting narrative perspectives to gradually transform our impression of Frankenstein, portraying him in an increasingly negative light as the novel goes on. While he initially appears to be a naive but sympathetic idealist, after the creature’s narrative Frankenstein begins to resemble—even in his own telling—the thoughtlessly cruel figure the creature represents him as.

If you want to know more about AI tools , college essays , or fallacies make sure to check out some of our other articles with explanations and examples or go directly to our tools!

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Your essay introduction should include three main things, in this order:

An opening hook to catch the reader’s attention.
Relevant background information that the reader needs to know.
A thesis statement that presents your main point or argument.

The length of each part depends on the length and complexity of your essay .

The “hook” is the first sentence of your essay introduction . It should lead the reader into your essay, giving a sense of why it’s interesting.

To write a good hook, avoid overly broad statements or long, dense sentences. Try to start with something clear, concise and catchy that will spark your reader’s curiosity.

A thesis statement is a sentence that sums up the central point of your paper or essay . Everything else you write should relate to this key idea.

The thesis statement is essential in any academic essay or research paper for two main reasons:

It gives your writing direction and focus.
It gives the reader a concise summary of your main point.

Without a clear thesis statement, an essay can end up rambling and unfocused, leaving your reader unsure of exactly what you want to say.

The structure of an essay is divided into an introduction that presents your topic and thesis statement , a body containing your in-depth analysis and arguments, and a conclusion wrapping up your ideas.

The structure of the body is flexible, but you should always spend some time thinking about how you can organize your essay to best serve your ideas.

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Writing Law Problem Questions

How to write a legal problem essay.

Law problem question essays give you an imaginary scenario. They then ask you to comment on the legal issues that arise and advise the parties. This guide will explain how to answer a problem essay with eight handy tips.

1. Read the Facts

The first step to answering any law problem question is to read the entirety of the facts you are given. Do not just jump into answering the question. Take your time and ensure that you fully understand all the issue involved in the case. It may help to highlight parts of the fact-pattern that you think are important.

2. Structuring Your Analysis

This is a mistake many law undergraduates and GDL students make when writing a scenario law essay. They look at the facts and recognise that they are similar to a case they’ve read. They will then immediately assume ‘this is like Joe Bloggs vs John Smith’, and answer the question accordingly. For this reason, examiners often complain that law essays lack coherent structure or proper analysis.

To avoid this pitfall, when answering legal problem questions you must adopt a structure .

Say you have an problem on whether or not the defendant is liable in the tort of negligence. The facts look similar to a particular case you’ve read on contributory negligence. Your first instinct is to start talking about defences. Stop . Ignore the similarity completely for now, and think. Before you can even discuss defences, you must talk about whether the defendant is liable in the first place. What does the law actually require you to establish to prove liability? Is the defendant liable? If so, what defences might he rely on, and how are those established?

Develop steps that you can put every scenario relating to that area of the law through in order. For example:

Contract Law

Has there been an offer ?
Was the offer accepted ?
Are the terms of the agreement certain ?
Do the parties intend to be legally bound ?
Is there consideration ?
What are the terms of the contract?
Is there a breach ?
What kind of breach has occurred?
Is there a defence to the breach?
What are the innocent party’s remedies and options?

Criminal Law

Is the actus reus of the offence established?
Is the mens rea of the offence established?
Is there a relevant defence?

Negligence Law

Does the defendant owe the claimant a duty of care ?
Has the duty been breached ?
Is the breach a factual cause of the loss?
Is the breach a legal cause of the loss?
Is the loss sufficiently non-remote ?

This doesn’t mean you have devote a whole paragraph to every step. If its obvious that the defendant owed a legal duty, a single sentence pointing this out will suffice. If the question tells you there is a contract, simply note you will assume the contract was validly-formed. The most controversial and difficult points should be given the majority of your essay’s attention.

Nevertheless, you get credit for completing each necessary step in the order in which they arose. This is how a court of law would most naturally consider them. This method of structuring essays also stops you missing interesting elements of problem questions. You might miss these points by skipping straight to what you think is the most obvious issue.

3. Structuring the Overall Essay

The problem question may present you with multiple areas of law. For example, a defendant may have committed different kinds of crime, or liability might arise in both negligence and nuisance. Alternatively, the question may ask you to discuss the liability of several different people.

If you have to advise different parties, discuss the liability of each party in turn . Otherwise, a good rule is to deal with each area of the law in turn . Give each area of law its own separate section. This will lead to a clearer essay structure than trying to deal with each event chronologically.

4. Structuring Individual Paragraphs

You can structure your discussion of individual issues any way which makes sense and follows a logical structure. One of the most popular ways for structuring discussions is the IRAC method. This stands for:

State the issue you are about to discuss

State the applicable legal rules (with authority or statutory references)

Discuss how these legal rules apply to the facts in front of you

State what the conclusion to the issue is based on your analysis

For example, lets say you are writing a problem question in tort law. You have a defendant who has run over a pedestrian with his car. You think he may be liable in negligence, so you start by considering whether he owes a duty of care. You would structure your analysis of this issue as follows:

The first issue is whether the defendant owes the claimant a duty of care.

If the case’s facts are non-novel, whether a duty is owed depends on the applicable precedent ( Robinson v CC of West Yorkshire Police ). It is established that road-users owe others a duty of care ( Nettleship v Weston ).

In this case, the defendant is a road-user because he was driving a car on the road. The claimant was also a road-user because they were a nearby pedestrian.

Therefore, the defendant owes the claimant a duty of care.

5. Not Enough Information Given?

What if the problem question does not seem to give you enough information to advise on the parties’ legal position? It is completely fine to write ‘the problem question does not give us enough information to determine X’.

For example, lets say you think that whether the defendant was in breach depends on how fast he was driving. The facts do not tell you how fast he was driving. Do not be afraid to say so!

However, saying that there isn’t enough information is NOT enough. You must then go on to say what information you would need to advise the party. Once you have set this out, explain how the law would apply to the facts if you had this information.

For example, you might say ‘if the defendant was speeding, he is likely in breach of his duty.’ Explain why. Then, say that ‘if he was not speeding, he is likely not in breach.’ Finish by explaining why this is the case.

This shows you are thinking like a lawyer. If a client walks in and gives half the facts, you need to be able to ask the right questions. You then need to be able to evaluate the facts, whatever they turn out to be.

6. Red Herrings

Sometimes, the fact-pattern will include information which seems salient, but actually is not. This is known as a red herring. These red herrings are designed to test your ability to pick apart relevant information from irrelevant information.

Many students assume that all of the information in the problem question must be relevant and addressed. When presented with a red herring, these students will panic and start guessing at how the information affects the outcome. Instead, the examiners expect you to point out that the information is not relevant. You can get bonus points by explaining why the law doesn’t consider this kind of information relevant.

For example, say you have a commercial law question where the owner of a painting stores it with a local art dealer. The owner then sees that the art dealer has put the painting up for sale without authority. The owner decides he will call the dealer later in the day to clear up the problem. However, he negligently forgets. The painting is later sold to a third-party.

The red herring here is the owner’s negligence. This seems like it should be relevant to whether the owner has lost property in the painting. In reality it is not: you cannot lose ownership of property because you were negligent. Because the information seems relevant, it is tempting to discuss it at length, for example by talking about estoppel by negligence. This wastes time and will not get you any marks. Rather, you should say ‘the owner’s negligence is not relevant to whether he retains ownership of the painting’. Then, move on.

7. Don’t Hedge Your Bets (and other Stylistic Tips)

If there’s one thing most law professors hate, its a phrase like ‘it seems from the evidence that there might be a possibility of supporting the argument that…’.

Confidence in essay-writing is not something that is stressed enough at school or university. When you aren’t sure, it is tempting to hedge your bets with language like ‘probably’ and ‘it might be the case’. Resist that urge. If your analysis is correct but don’t sound confident, the examiner may doubt that you firmly grasp the material. If it is not correct, saying ‘probably’ in front of the error won’t help in any case.

Other stylistic tips for writing a professional sounding essay include:

Avoid contractions (‘don’t’, ‘can’t’), slang phrases and other informal language;
Avoid the phrase ‘it is submitted that’. This kind of wording is for moots and legal debating, not academic legal essays;
Try to deal with only one issue per paragraph. This makes the essay less visually intimidating;
If simple language and short sentences get your point across, use simple language and short sentences. There is a temptation to sound ‘professional’ by using multi-clauses sentences and complex vocabulary. This just makes the essay harder to read.

8. Cite, Cite and Cite Again

If you ever make any kind of positive claim about the law, back it up with a citation. What proves your claim? A case? A statutory provision? Cite it. You need to assure the marker that you aren’t just making lucky guesses. Also, many institutions’ grading criteria specify that you can’t get more than a 2:2 if there is insufficient citation.

Generally there is no need to give the year, report and page number of case-law in exams. However, you should check your university’s best practice guidelines to know for sure.