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How to Write a First-Class Law Essay

Studying law at university entails lots of essay writing. This article takes you through the key steps to writing a top law essay.

Writing a law essay can be a challenging task. As a law student, you’ll be expected to analyse complex legal issues and apply legal principles to real-world scenarios. At the same time, you’ll need to be able to communicate your ideas clearly and persuasively. In this article, we’ll cover some top tips to guide you through the process of planning, researching, structuring and writing a first-class law essay with confidence. 

1. Start In Advance

Give yourself plenty of time to plan, research and write your law essay. Always aim to start your law essay as soon as you have the question. Leaving it until the last minute does not only create unnecessary stress, but it also leaves you insufficient time to write, reference and perfect your work.

2. Understand The Question

Do not begin until you fully comprehend the question. Take the time to read the question carefully and make sure that you understand what it’s asking you to do. Highlight key terms and annotate the question with definitions of key concepts and any questions that you have have. Think about how the question links back to what you’ve learned during your lectures or through your readings.

3. Conduct Thorough Research

Conducting thorough research around your topic is one of the most fundamental parts of the essay writing process. You should aim to use a range of relevant sources, such as cases, academic articles, books and any other legal materials. Ensure that the information you collect is taken from relevant, reliable and up to date sources. Use primary over secondary material as much as possible.

Avoid using outdated laws and obscure blog posts as sources of information. Always aim to choose authoritative sources from experts within the field, such as academics, politicians, lawyers and judges. Using high-quality and authoritative sources and demonstrating profound and critical insight into your topic are what will earn you top marks.

4. Write A Detailed Plan

Once you’ve done your research, it’s time to plan your essay. When writing your plan, you’ll need to create an outline that clearly identifies the main points that you wish to make throughout your article. Try to write down what you wish to achieve in each paragraph, what concepts you want to discuss and arguments you want to make.

Your outline should be organised in a clear, coherent and logical manner to ensure that the person grading your essay can follow your line of thought and arguments easily.  You may also wish to include headings and subheadings to structure your essay effectively This makes it easier when it comes to writing the essay as starting without a plan can get messy. The essay must answer the question and nothing but the question so ensure all of your points relate to it.

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5. Write A Compelling Introduction

A great introduction should, firstly, outline the research topic.  The introduction is one of the most crucial parts of the law essay as it sets the tone for the rest of the paper. It should capture the readers attention and provide the background context on the topic. Most importantly, it should state the thesis of your essay.

When writing your introduction, avoid simply repeating the given question. Secondly, create a road map for the reader, letting them know how the essay will approach the question. Your introduction must be concise. The main body of the essay is where you will go into detail.

6. Include A Strong Thesis Statement

Your thesis should clearly set out the argument you are going to be making throughout your essay and should normally go in the introduction. Your thesis should adopt a clear stance rather than being overly general or wishy-washy. To obtain the best grades, you’ll need to show a unique perspective based upon a critical analysis of the topic rather than adopting the most obvious point of view.

Once you’ve conducted your research and had a chance to reflect on your topic, ask yourself whether you can prove your argument within the given word count or whether you would need to adopt a more modest position for your paper. Always have a clear idea of what your thesis statement is before you begin writing the content of your essay. 

7. Present the Counter-argument

To demonstrate your deeper understanding of the topic, it’s important to show your ability to consider the counter-arguments and address them in a careful and reasoned manner. When presenting your counterarguments, aim to depict them in the best possible light, aiming to be fair and reasonable before moving on to your rebuttal. To ensure that your essay is convincing, you will need to have a strong rebuttal that explains why your argument is stronger and more persuasive. This will demonstrate your capacity for critical analysis, showing the reader that you have carefully considered differing perspectives before coming to a well-supported conclusion.

8. End With A Strong Conclusion

Your conclusion is your opportunity to summarise the key points made throughout your essay and to restate the thesis statement in a clear and concise manner.  Avoid simply repeating what has already been mentioned in the body of the essay. For top grades, you should use the conclusion as an opportunity to provide critical reflection and analysis on the topic. You may also wish to share any further insights or recommendations into alternative avenues to consider or implications for further research that could add value to the topic. 

9. Review The Content Of Your Essay

Make sure you factor in time to edit the content of your essay.  Once you’ve finished your first draft, come back to it the next day. Re-read your essay with a critical perspective. Do your arguments make sense? Do your paragraphs flow in a logical manner? You may also consider asking someone to read your paper and give you critical feedback. They may be able to add another perspective you haven’t considered or suggest another research paper that could add value to your essay. 

10. Proofread For Grammatical Mistakes

Once you’re happy with the content of your essay, the last step is to thoroughly proofread your essay for any grammatical errors. Ensure that you take time to ensure that there are no grammar, spelling or punctuation errors as these can be one of the easiest ways to lose marks. You can ask anyone to proofread your paper, as they would not necessarily need to have a legal background – just strong grammar and spelling skills! 

11. Check Submission Guidelines

Before submitting, ensure that your paper conforms with the style, referencing and presentation guidelines set out by your university. This includes the correct font, font size and line spacing as well as elements such as page numbers, table of content etc. Referencing is also incredibly important as you’ll need to make sure that you are following the correct referencing system chosen by your university. Check your university’s guidelines about what the word count is and whether you need to include your student identification number in your essay as well. Be thorough and don’t lose marks for minor reasons!

12. Use Legal Terms Accurately

Always make sure that you are using legal terms accurately throughout your essay. Check an authoritative resource if you are unsure of any definitions. While being sophisticated is great, legal jargon if not used correctly or appropriately can weaken your essay. Aim to be concise and to stick to the point. Don’t use ten words when only two will do.

12. Create a Vocabulary Bank

One recurring piece of advice from seasoned law students is to take note of phrases from books and articles, key definitions or concepts and even quotes from your professors. When it comes to writing your law essay, you will have a whole range of ideas and vocabulary that will help you to develop your understanding and thoughts on a given topic. This will make writing your law essay even easier!

13. Finally, Take Care of Yourself

Last but certainly not least, looking after your health can improve your attitude towards writing your law essay your coursework in general. Sleep, eat, drink and exercise appropriately. Take regular breaks and try not to stress. Do not forget to enjoy writing the essay!

Words by Karen Fulton

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Writing a First Class Law Essay – A Framework for Success

Table of Contents

😁 Introduction

❤️ main body, 🎉 conclusion, 📝 references, 🙌 final words.

Writing a decent essay in law school is crucial if we want to get top grades. But it’s important to remember that there’s rarely every one single correct way to approach them. There is no blueprint that we can follow step-by-step to give us a first-class result. 

Nevertheless, there is a framework for success in legal essays that CAN be followed. 

From the moment we get given our essay title to the moment we hand it in, there are some basic principle that we should be aware of that form the foundation of excellent essay writing. And that’s what this article is all about. If you stick around until the end I’ll also be giving you a free guide to help you out even more.

Before we even think about writing our essay, there are a few preliminary steps. The most important of which is research. 

To begin with we need to have two clearly designated areas to write our essay and take our research notes. So simply open up two documents on your computer (e.g. in Word), with one titled ‘essay’ and the other titled ‘notes’. Then divide BOTH of these pages into four sections: introduction; main body; conclusion; and references.

At this stage – the research stage – we’re only interested in our ‘notes’ document. 

What is the question asking you?

To research effectively we need to be aware of precisely what the question is asking from us. 

Many students fall into the trap of trying to answer the question that they want to answer (because they know that area better), rather than the one that’s actually been given. So spend some time to wrap your head around the question and whether it expects you to ‘discuss’, ‘evaluate’, ‘critically analyse’, etc

What resources should you read?

Once you’ve understood the question, it’s time to begin reading relevant and appropriate academic resources and other scholarly materials.

My advice would be to begin reading the relevant sections of 1-2 textbooks to ensure you have a full appreciation of the topic. From this, you should be able to form a high-level response to the question. In other words, the basic information from the textbooks should allow you to form a rough opinion on the question that drives your deeper research and preparations. 

By having a rough understanding of your answer, it makes it a lot easier to identify relevant cases, journal articles, statutes, treaties, and so on. Plus, it will make searching through Westlaw, LexisNexis, or some other legal research database quicker and more useful. 

Whenever you find a piece of information that may be useful, remember to drop it into the correct section of our ‘notes’ document and remember to give it a reference straight away. Honestly, references can be incredibly painful if you don’t spend the time to cite your sources straight away. (The amount of time I’ve wasted hunting down a source for something because I didn’t write it down straight away is ridiculous). 

Now we have all the information we need, we can think about the structure and writing the substantive part of the essay within our ‘essay’ document.

The introduction of your essay should be concise. 

The purpose of the introduction is to ensure you have understood what the question is asking you, give the essay an appropriate focus, and presented a clear structure as to how you’re going to answer the question.

Put simply, you need to tell the reader what you’re going to discuss and how they’re going to be led from start to finish, bringing them to your eventual conclusion. 

Many students will use the introduction incorrectly, seeing it as an opportunity to intrigue rather than inform. They often believe that an essay is like a story, where the outcome can’t be revealed until the end. But an essay isn’t like a story at all. And effective essays will hint at the eventual conclusion right away. 

Check out my introduction on an essay I wrote to give you an example of what, I think, is a pretty decent introduction:

Although you need to demonstrate you understand the law and the relevant legal concepts behind the essay question (i.e. describe), the most crucial aspect of first-class essay writing is analysis and evaluation.

You need to demonstrate that you can identify the limitation of a particular law or point of view, consider where a judgment is incomplete or illogical, and developing your own viewpoint throughout the essay. 

Many students will leave their analysis until the conclusion, which is far too late. Instead, analysis needs to be intertwined throughout the essay itself. Understand what your opinion is, question legal assumptions, and avoid regurgitating the opinion of academics. 

I’ve found that it doesn’t matter how clumsy your own opinion is, as long as you have an opinion. There is never a correct way to approach legal grey areas, so it’s best to have an opinion and provide sufficient amounts of supporting evidence (from cases, journals, etc.). 

Crucially, ensure that each of your points are well-developed. When students feel out of their depth, they will demonstrate this by moving on to a new topic quickly without getting to grips with the point they’re trying to make. So get comfortable with the legal uncertainty surrounding your essay and be confident enough to have an opinion and back it up. 

Expressing Yourself

First class essays are truly unique. As a reader, you not only see that the student has fully understood the law but has made a clear effort to express themselves.

Importantly, you should aim to explain key concepts or ideas in your own words. This shows that you actually understand what these key concepts or ideas are without relying on someone else’s formulation. 

Students often think that their opinion or interpretation is less valid compared to professors or other academics. The truth is, your opinion is equally valid. If you see a legal concept or a legal idea from a different angle, don’t be afraid to let that known. You’ll be rewarded for doing so. 

Similarly, quotations should be rarely used and – when they are used – with good justification. The problem is, if you’re quoting other academics too often, you will water down your own opinions and ideas. Excessive quotations makes your essay into a patchwork and reformulation of thoughts from other people, and doesn’t adequately demonstrate your own ability to analyse the law.

There are really only three instances you should be putting direct quotations into your essay:

• It supports something you’ve already said in your own words
• It’s difficult to summarise a topic in your own words due to certain complexities or technicalities
• It would be less effective to do so (perhaps because the original quotation is very well-known)

Style and Tone

When you write a legal essay you have a choice between writing in the first person (e.g. ‘I argue that . . .’) or the third person (e.g. ‘it is argued that . . . ‘). It’s completely up to you.

However, like with the previous two points I’ve made, it’s crucial the tone you choose gets your own point across. For instance, the problem with the third person is that the phrase “it is argued that” could mean “I argue that” or “others argue that”. So, if you do opt for the third person (or your university prefers it that way) be aware of the potential limitations in helping you to make your point. 

Other than that, ensure your essay is clear, concise and accurate. You should understand the law as fully as possible before putting pen to paper. If you’re not too sure what the law is or what something means you’re going to have no chance of analysing it effectively. It really is as simple as that.

The purpose of the conclusion is to persuasively draw together and summarise everything that you have already argued. The classic mistake here is try to add some new piece of information, whether that be some new material, thought, or a point of view. But, this will ultimately weaken the conclusion and reduce its impact.

Your goal with the conclusion therefore is simple: package your argument into a short paragraph and demonstrate how that answers the original essay question.

Finally every claim you make must be supported with an appropriate reference. 

Often, you will need to point the reader to a primary law (e.g. a case or statute), but other times the academic opinion in journal articles or books will suffice.

Your university will likely have its own guidelines for references – such as OSCOLA – so do check this out to ensure you do yours correctly (and you will lose marks if you do it wrong). However, in an exam full references aren’t necessary. Simply provide as much context as you can to provide some attempt to reference the source (e.g. Evans said X about this topic or Denning said Y about this topic in the case of Tom vs Jerry [2001]). 

If you want, you can  download my FREE OSCOLA reference guide !

There is no ‘one size fits all’ for writing a great law essay, but following the structure and guidance from this article will take you much of the way to where you need to be.

Nevertheless, if you need further guidance, please  download my FREE guide  where you can find even more information on this topic.

Thanks for reading!

Liverpool Law School

Essay-writing: tips & hints for success.

Posted on: 28 February 2022 by Kirsten Ward in Blog

At several points during your degree, you may be asked to write an essay. In some modules, essays form a key component of your summative assessment. To celebrate National Essay Day on 28th February, we have collated a set of hints & tips, designed to help you succeed in achieving a higher mark in your essay-based assessments.

So, what makes a great essay? Great essays are not just discursive but also analytical. Done well, essays not only communicate your understanding of a topic to the examiner, but can be learning processes in themselves, encouraging you to organise relevant material and think in new and creative ways. To impress an examiner, essays must be appropriately referenced and carefully framed, using academic language, and be free from typographical errors. For these reasons, you are strongly encouraged to start your essays early, leaving enough time for thorough proofreading with fresh eyes.

At a base level, your essay is a reasoned answer, supported by evidence, to the question set. The evidence for your argument comes from your wider reading. The way you select and interpret this evidence and explain how this helps you to answer the question, demonstrates your own thinking to the examiner. Producing a well-organised and evidence-based critical discussion, that directly answers the question set, is not an easy task. You will find that your essay writing improves with practice as you progress throughout your degree. However, developing good habits from the outset can go a long way in helping you to achieve success in your essay-based assessments.

Reading with Purpose

When you first receive the essay question, it is important to avoid rushing into the writing process. Although you may wish to show off the breadth of your knowledge to the examiner, writing down everything that you know about a topic, without a clear plan or structure, is likely to reduce the strength of your argument. Aim to make your examiners life as easy as possible, by grouping ideas together, and considering your overarching narrative, before putting pen to paper.

The first key tip is to ensure you answer the question. As with writing, do not rush into research. Instead, dedicate some time to understanding exactly what the question is asking. Consider the question within its context: what wider debates and issues may it be touching on from your lectures and seminars? Is there a specific viewpoint, or angle, that the question takes, or wishes you to explore? Is the question part of a wider discussion, perhaps one that is ongoing within the academic literature? Your lecturer may encourage you to narrow the question down, particularly if there is a tight word-limit. If you choose to focus on a particular area, ensure that you explain your choice to the examiner. Show them that you understand that, whilst there may be wider issues at play, you have chosen to conduct a deeper analysis within a certain area, given the constraints of the word limit. Likewise, if the question retains a narrow focus, ensure that you stay within the defined limits, and try not to entertain tangential debates.

Re-reading the question and underlining key words can help in clarifying what your answer should cover. Look out for any subject-specific terms that are used, and check that you fully understand them. You may also wish to highlight the type of analysis that the question is asking you to undertake. For example, are you being asked to compare and contrast or to critically analyse, possibly by reference to key cases or academic papers? If in doubt, break the question down. Ask, why is this topic important? Set yourself an orderly plan for research. What do you need to find out first? Breaking the question down into bitesize research tasks can prove useful when you come to plan your essay. You will then already have done a lot of the work in determining what each aspect of your argument adds to the assessment.

Once you have considered what the question is asking, you may wish to note down your initial thoughts, including: (a) what you already know about the topic (b) any aspects that you may need to research further and (c) your preliminary conclusion. This begins the process of formulating your argument and is likely to help you in prioritising your reading. Once you have completed your research, you may wish to repeat this process. By bringing together key ideas from your wider reading, you can clarify: (a) what you have found out and (b) whether your initial conclusions have changed. Remember when conducting your research, make sure you jot down a brief citation for each academic source. This will prove useful when collating your bibliography prior to submission.

Developing as a Researcher

Good essays are underpinned by sound critical analysis. Your aim when conducting preparatory research is to analyse material and evaluate the contribution it makes to your argument. Although critical analysis may seem, at first sight, a high-level skill, we make reasoned decisions every day. Critical analysis involves two main tasks: (a) weighing up the evidence supporting a certain idea to determine whether it is convincing, and (b) explaining why the evidence is, or is not, convincing. You may find it useful to approach your wider reading with a list of questions to trigger a critical approach, including (i) what is the author’s viewpoint and could it be biased? (ii) could the intended audience have influenced the way that the information is presented? (iii) what is the author’s main argument and what evidence is used in support? (iv) is the argument convincing and what are the challenges that could be waged against the conclusions made? Critical analysis does not necessarily mean disagreeing with an argument. It is equally important to be able to explain why you agree with a certain line of reasoning.

Post-it notes on a wall show one method of essay planning.

Planning with Intent

Writing with a plan often increases the overall coherence and structure of an essay. Because you know your end point and have undertaken the complex reasoning needed to bring logic to your argument, a plan allows you to focus on effectively communicating your ideas to the examiner. It also avoids the common pitfall of changing your line of reasoning halfway through writing your argument. Becoming comfortable with leaving aspects out of your essay is a skill. Remember, your word count means that it is impossible to cover everything. Your examiner is instead assessing your ability to harness and bring order to a tailored set of evidence.

Each of us adopts our own style of planning. Most commonly, you may wish to brainstorm your ideas, and arrange them into three or four groups, reflecting the key sections within your essay. Remember, not all ideas will fit neatly into this structure, so be prepared to discard them if necessary. Many writers find it helpful to store less relevant ideas within a separate Word document. Likewise, some students prefer visual plans, such as spider diagrams or mind maps, with key ideas springing out from a central question. Ideas can then be numbered, or colour coded, to structure the creative brainstorm. Others prefer a linear style, such as bullet pointing. Once you have your plan, a quick overview can often indicate whether you have too much, or too little, information. As always, be prepared for your exact line, or structure, of your argument to change as you write. You may notice new connections and patterns within, or between, your ideas. However, a plan is easily adaptable. Having an initial overarching structure will ensure that you can quickly see where any new thoughts or arguments fit into your essay.

The main purpose of planning is to set out what you will focus on in each section. This will include an introduction, where you will address: (a) what the question is asking (b) why this is interesting for your examiner and (c) how you plan to answer it. If you are struggling to get started, write down each question you are seeking to answer in turn, and take one at a time. Some students prefer to write a summary before they begin, setting out the central thesis of their essay within one or two sentences, to ensure they have a strong, overarching direction. Others prefer to write their introduction last, once they have a clear idea of their argument within the essay. You may choose to begin with the paragraph you feel most confident about and build momentum from there. Your outline should also address the main body of your essay, focusing on how each paragraph will build your argument. You may wish to try out different sequences for your groups of ideas, to determine which structure is the most persuasive. Remember that your key aim is to answer the question set. One useful tip is to focus each paragraph on one argument only. You may wish to break your plan down into more detailed sub-sections, noting the evidence from your wider reading which supports each point. Finally, your plan should bring your ideas together into a conclusion, where you summarise your arguments and show how you have addressed the question set.

Writing for Success

With a structured plan, you should have a good idea of what role each paragraph plays within your overall argument. This should help you to gauge what evidence you need to include within each section and how your essay fits together as a whole. Remember, introductions and conclusions serve key purposes within your assessment: they can make a good first and last impression. Both are core structural devices to guide the examiner through your argument. Introductions should also set out the conceptual and theoretical framework underpinning your essay. Ask yourself what the examiner needs to know, to be able to follow your argument, and how best you can draw them in from the outset. Likewise, consider what message you wish to leave the examiner with, and whether your main argument comes through clearly in your conclusion.

Remember, your introduction is the gateway into your essay. It is a map that guides the examiner, identifying the main route, and positioning your argument within the wider academic landscape. The main body of your essay should then develop the ideas that you have outlined in your introduction. The key to a successful essay is to integrate your own arguments with evidence from your wider reading. Generally, it is better to discuss fewer points, in more depth. The strongest approaches also tend to adopt a thematic analysis, integrating the arguments which can be advanced on both sides of a debate, as opposed to addressing one after the other. Remember that your essay should be analytical as opposed to descriptive. Try to only include background details where they add directly to your argument. It can prove a useful exercise once you have a first draft, to highlight areas of description in one colour and areas of analysis and evaluation in another. This will allow you to check that you have an appropriate balance.

Whilst everyone has their own style of writing, each paragraph should adopt a strong structure. Beginning with a topic sentence, the paragraph should signal to the examiner what it adds to the essay. The introductory sentence should then be supported by evidence and critical analysis. You should seek to interpret the evidence, explaining how, and why, your wider reading supports your main line of argument. Avoid simply letting the evidence ‘speak for itself’ or relying on sweeping generalisations. Instead, use case studies and specific examples. Counterarguments though, can be turned to your advantage. The strongest essays do not ignore opposing viewpoints, but rather address them head-on.

Each paragraph should then finish with a mini conclusion, linking the paragraph back to the question set. Remember that each idea should be supported by a fully cited reference from your wider reading. You should also pay close attention to the advice given by your lecturer, who may share their own style preferences, including the use of subheadings, first person and indentation. Always keep the question in front of you during the writing process. Be ruthless in discarding irrelevant material: a lack of succinctness may cost you marks. Finally, signpost your reader by using appropriate connecting phrases, guiding them through the overarching narrative of your answer.

Your conclusion should capture the journey your examiner has undertaken in reading your essay. It should allow for reflection on the main issues discussed, and directly relate back to the question set, showing how you have reached your answer. If the question asks you to make a judgment call, then you should clearly outline your reasoning. Whilst a nuanced conclusion may be appropriate, you should try to avoid ‘sitting on the fence’ or combining several sides of an argument into a muddled conclusion. Importantly, you should not introduce new material into a conclusion. Instead, focus on ‘closing the circle’ of your discussion by answering the questions raised in your introduction. You may wish to comment speculatively regarding future developments, although some writers prefer to include these discussions as part of their analysis. Similarly, although it may be appropriate to comment on the limitations of your analysis, you should avoid ending your argument on a negative or a rhetorical question. Ultimately, your conclusion should leave the examiner with a clear and positive view of your main argument.

Developing as a Writer

Writing is not an easy task. If at any stage, you become stuck, it may be useful to revisit your main ideas. Try writing one or two sentences, explaining what you are trying to get across to the examiner, without worrying about the exact phrasing. It may also help to explain the idea out loud. A trusted friend or family member can highlight any aspects which need further exploration. Do though, pay careful attention to academic integrity guidelines. After submitting a few essays, you will begin to understand what type of writer you are. You can then adapt your planning and writing habits to suit your needs. For example, if you are a slow writer, perhaps because you seek perfection in each sentence as you write, you may wish to explore writing a rough draft and beginning the editing process from there. In any event, redrafting is unavoidable, and time spent on editing and proofreading can make a real difference to your final mark.

Essays should be written in a formal academic style, avoiding the use of cliches, contractions and subjective descriptions. Common pitfalls include overreliance on ‘academic-sounding’ words and the use of overly long sentences. Both inhibit clear and accurate communication. Ideally, leave a day between finishing your essay and proofreading to gain some distance from your work. Try reading your essay aloud or using the ‘read aloud’ function on Word. This will ensure you focus on each word, highlighting sentences that are too long or dense. Check too, that your argument flows and makes sense as a cohesive whole. Do not be afraid to restructure, even at this late stage, or to cut information that is not directly relevant to the question. Remember, the examiner is looking for a focused argument. Put yourself in their shoes. Can you follow the argument clearly? Are there gaps in the reasoning? Is the argument signposted? You also need to check your references and bibliography, adopting a consistent formatting style throughout. Finally, pay close attention to any feedback you have received on previous essays. Do not be afraid to approach your lecturer or academic adviser with any questions you may have. Good luck!

Keywords: Essay Writing , National Essay-Writing Day , Essay planning , writing for success , developing as a writer , Reading , research , Research writing .

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General Comments about Writing a Law Essay

·            The purpose of your article is to state and prove your thesis. You need to persuade your reader that your prescriptive proposal, i.e., the solution to the selected legal problem, is doctrinally sound. In other words, you need to convince the reader that your thesis is correct and that it is the best way of solving the problem you have identified.

·            You need to find authority for every question of law and matter of fact.

·            Make sure your ideas are really your own ideas, even if you think of an idea on your own, preemption check the idea and cite others with similar ideas in order to avoid plagiarism.

·            Use meaningful titles to introduce the article and each section.

·            Transition smoothly between issues to assure logical flow.

·            Address the opposing arguments that others could make against your thesis.

·            Place periods and commas before footnotes and quotation marks. (e.g., “ Place periods and commas. ” [1] )

Structure of a Law Essay

·            The title should:

o          persuade people to read the article;

o          frame readers’ thinking, i.e., focus the attention of the reader on a specific angle or aspect of the problem that you want them to focus on;

o          help readers remember your article.

Introduction

·            The introduction acquaints the reader with the topic. Its purpose is to get the readers’ attention and make them want to read the essay. For this reason, you should try to make your introduction interesting, engaging, and original.  

·            A good way to attract attention is to show that there is an important and interesting problem that needs to be resolved. The most compelling problems are concrete.

·            Organization of the essay : The introduction must also help organize the essay. It should tell the readers what you are going to say in your essay.

·            The introduction should be short, simple, and clear.

·            The most important aspect of your introduction is your thesis.

o          The thesis should clearly and specifically convey your point.

o          The thesis should deal with a legal problem, e.g., an unresolved issue, a legal controversy, etc.

o          The most interesting theses are those that combine a descriptive (a claim about what the law is or was) and prescriptive (a proposal about what should be done) claim.

·            Context : You also need to place your thesis into some larger context.

Background or overview of the problem

·            This section explains the problem you seek to address, in other words, why you are writing this paper.  If the problem is the status quo, you need to explain why it is a problem. If the status quo is not a problem, you need to explain why it is not and why you are writing about it.

·            You need to explain the legal and factual frameworks that are necessary to understand your article.

·            Support your assertions with facts and with authors who have recognized a similar problem.

Thesis development

(several sections, each with its own thematic subheading)

·            You need to develop your thesis, i.e., you need to prove your point.

·            Find arguments to support your thesis.

·            Use examples from class, including class activities, class discussions, and required readings.

·            Make reference to theories and problems analyzed in class.

·            Think of possible counterarguments and discuss them.

·            Analyze the law.

·            This is your own critical analysis of the law and how it bears on the problem you identified.

·            Make your analysis in light of the theoretical framework analyzed in class, including the notions of law, traditions, functions, dysfunctions, sources, types of law, and classifications.

·            Consider policy arguments and social consequences of your arguments.

·            Include the implications and connections that are necessary to a full understanding of your point.

·            Use thematic subheadings to introduce every argument, idea, or example.

·            Divide your arguments in body paragraphs. Each body paragraph should make just one point that clearly develops and supports the thesis. In the same way that you have a thesis to indicate the point of the essay, you should have a topic sentence for each body paragraph . T he topic sentence states the point of the paragraph, and all of the other sentences should support, develop, and explain that point. Because the topic sentence plays an important role in your paragraph, it must be crafted with care.

·            The purpose of the conclusion is to bring the essay to a satisfying close. You should avoid bringing up a new point in your conclusion and you should avoid lengthy and excessive summary. The most successful conclusions are thoughtful and reflective.

·            Back to context. After having presented your topic and proven your thesis, you want to be able to make an overarching statement based on that information. Just as the introduction sought to place the paper in the larger context about the topic, so should the conclusion insist on returning the reader to that ongoing conversation .

·            Summarize your thesis and main arguments.

Sources on academic legal writing:

·            Gerald Lebovits, The Legal Writer. Academic Legal Writing: How to Write and Publish, 64 NYSBA 2006, 50.

·            Eugene Volokh, Academic Legal Writing: Law Review Articles, Student Notes, Seminars, Papers, and Getting on Law Review 24 (3 rd . 2007).

·            Florida Gulf Coast University’s Writing Center and Dartmouth University’ Writing Program.

·            Aaron Schwabach, Anatomy of a Law Review Article, Thomas Jefferson Law Review Association 2005.

Legal databases:

·            Quicklaw (Wishart Library website)

·            Heinonline (Wishart Library website)

·            JSTOR (Wishart Library website)

·            www.canlii.org

[1] Gerald Lebovits, The Legal Writer. Academic Legal Writing: How to Write and Publish, 64 NYSBA 2006, 51.

Answering Essay and Problem Questions

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Article written by Imaan Fatima, University of Strathclyde Scots and English LLB Student.

There are two main types of questions you will come across when studying law: essay questions and problem questions. Both styles of questions can cover any area of law but require very different approaches when being answered. Every university will have a different grade criterion, so it’s important to become familiar with yours. However, there are some general tips which can be used by all law students to help best answer these questions.

Essay Questions:

I’m sure most of us have encountered these types of questions. We’re usually asked to critically evaluate, compare, or discuss some sort of legal issue.

These questions require a structured answer with an introduction, a main body, and a conclusion. But before you even attempt to produce an answer, you need to create a plan. This is crucial because it will help you understand what is being asked, set out the key issues you wish to discuss and the sources you want to use.

Your introduction should be relatively short – roughly 10% of the overall word count. It should clearly outline what the question is asking you to do and how you propose to go about answering this question to arrive at an appropriate conclusion. The main body of your essay will consist of legal arguments. Each paragraph will likely answer a different aspect of the question, but they should be coherently ordered and flow into one another, instead of reading as a sequence of unrelated points. Finally, you’ll have to draw together your arguments, without introducing any new pieces of information, to reach a reasoned conclusion.

When writing an essay, think about what the examiner is looking for and the skills that are being tested: communication skills; analytical skills; research skills; and the ability to construct an argument.

Problem Questions:

Unlike essay questions, problem questions are presented as lengthy scenarios in which one or more legal disputes arise. As a law student, you will be expected to discuss these disputes and explain how they are likely to be resolved, if possible.

The best approach to answering problem questions is the IRAC method, which stands for issue, rule, application, and conclusion. This is a four-step process that requires you to identify the legal issue; identify the relevant legal rule; apply that rule to the issue at hand; and reach a conclusion to answer the question. It’s important to remember that the IRAC method should never be applied to the question as a whole. Instead, your answer should be divided based on the number of separate legal issues which occur.

Problem questions often have no single correct answer, and the facts will likely contain a number of grey areas, which means you might not always have enough facts to provide a conclusive answer. However, you can also gain marks by stating that some information is missing and hypothesising what the outcome would be if certain facts were included.

Whereas essays are designed to test your ability to discuss and critically evaluate the law, problem questions are more concerned with the application of legal principles. This means simply having knowledge of the law isn’t enough. Neither is writing everything you know about the topic and hoping to receive marks for it. You need to be able to identify relevant information within the question and apply legal reasoning to the facts.

Imaan Fatima

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Public Law for Everyone

by Professor Mark Elliott

Writing a Law essay? Remember to argue!

Providing advice in the abstract about how to write Law essays is difficult because so much depends on the nature of the question you are answering. It’s also important to take into account whatever are the expectations for your particular course, degree programme or university. Nevertheless, a useful rule of thumb, I think, is that a good Law essay will normally set out and advance a clear thesis or argument . (Note that I’m referring here to essays as distinct from problem questions: the latter call for a different approach.)

The need for an argument

Some answers explicitly call for this. Take, for example, the following essay title:

‘Do you agree that parliamentary sovereignty is the most important principle in the UK constitution?’

Here, the question itself in effect advances an argument — that parliamentary sovereignty is the most important principle in the constitution — and invites you to say whether you agree with it or not. And in saying whether you agree, you need to advance your own argument: ‘I agree with this because…’. Or: ‘I disagree because…’. Or even (because if the question advances a position that you think implies a misconception, oversimplification or false premise, you can say so): ‘I will argue that the question oversimplifies matters by assuming that a particular constitutional principle can be singled out as uniquely important…’

Other questions may indicate in a less direct way the need for you to put forward your own argument. For example:

‘“Parliamentary sovereignty is the most important principle in the UK constitution.” Discuss.’

Here, we don’t have a ‘do you agree?’ prompt; instead, we have the apparently less directive ‘discuss’ prompt. If we read the question literally, it may seem that there is no need for you to put forward your own argument here. After all, it’s possible to ‘discuss’ something without advancing your own argument about it: you could make various points, explain various matters, and leave the reader to make up their own mind. But while this may be formally true, it’s unwise to read the question in this way, because it creates the risk that you will end up writing something very general and descriptive on the topic without going any further.

To summarise, then, there are at least three reasons for making an argument part of your essay. First, the question will often call for this, whether explicitly or implicitly, such that you wouldn’t be answering the question if you didn’t set out and develop an argument. Second, if you don’t impose on yourself the discipline of articulating and defending an argument, you risk underselling yourself by writing something that is descriptive and meandering rather than purposefully constructed . Third, setting out and developing an argument involves taking ownership of the material. By that, I mean using the material in a way that serves the purposes of your argument, showing that you are in command of it and that it is not in command of you. This, in turn, provides an opportunity to demonstrate a level of understanding that it would be hard to show in a descriptive essay that simply wandered from point to point.

Setting our your thesis

If putting forward an argument is (often) important or necessary, how should it be done? There are no great secrets here: the formula is straightforward. You should begin your essay by stating your thesis — that is, by setting out what it is that you are going to argue. This should be done in your introductory paragraph — by the time the reader reaches the end of that paragraph, they should be in no doubt about what you are going to argue. Imagine, for instance, that you are presented with the following essay title:

‘“The courts have expanded their powers of judicial review beyond all acceptable constitutional limits in recent decades; it is time to clip the judges’ wings.” Discuss.’  

In response to such a question, it might be tempting to say in your introduction that (for example) you are going to ‘show’ how the courts’ powers of judicial review have grown, ‘consider’ why this has happened and ‘examine’ the criticisms of judicial over-reach that have resulted. These are all perfectly sensible things to do when writing an essay on this topic, but if that is all you say in your introduction, you will leave the reader wondering what you think — and what you are going to argue . In contrast, an introductory paragraph that lays the foundation for essay that properly advances a thesis will set out what that thesis is. You might, for instance, take each of the propositions set out in the question and stake out your position:

‘In this essay, I will argue that (a) while the courts’ powers of judicial review have grown in recent decades, (b) it is misguided to suggest that this has breached “all acceptable constitutional limits” and (c) that those who now advocate “clip[ping] the judges’ wings” misunderstand the role of the judiciary in a rule of law-based constitution. In other words, the courts’ judicial review powers are entirely appropriate and those who seek to limit them risk undermining the rule of law.’  

An introduction of this nature would achieve two things. First, it would make clear to the reader the position you proposed to take. Second, it would immediately lend the essay a structure.

Developing your thesis

Once you have set out your thesis in the introduction, you need to develop or defend it. This will involve making a series of connected points in successive paragraphs, each of which relates to your overarching thesis. One way of thinking about this is that the individual points you make in the main body of the essay should all relate or point back in some way — and in a clear way — to the position that you staked out in the introduction.

In the example introduction above, the overarching thesis is set out in the second sentence; the individual and connecting parts of the argument are set out in propositions (a), (b) and (c) in the first sentence. One approach, therefore, would be to divide the answer, once the introduction has been written, into three parts, dealing in turn with points (a), (b) and (c). Naturally, as you work through the various parts of your argument, you will need to cite relevant evidence (cases, legislation, literature and so on) in support of your argument. You will also need to deal with matters that appear, at least at first glance, to sit in opposition to your argument (on which see further below) or which, once properly considered, require your argument to be refined.  

A key point, however you proceed, is that the reader should also be clear about how each successive point relates not only to the previous point but also to the overarching argument. The reader should never be left wondering ‘Where does this fit in?’ or ‘Why am I being told this?’ A simple way of avoiding these problems is to signpost , by saying at the beginning of each section how it relates to the overall argument. The flipside of this coin is that you should avoid saying things like ‘Another point is that…’ since this gives the impression, rightly or wrongly, that the various points in your essay have been thrown together in a random order, with little thought as to how they fit together or relate to your overall argument. Even if that’s not the case, you don’t want to risk giving the reader that impression.

A one-sided approach?

The advice set about above might seem to imply that I’m suggesting you write one-sided essays — in which you set out points that support your argument while ignoring those that don’t. However, that’s not at all what I’m suggesting. In order to set out your argument in a persuasive manner, you need to deal both with relevant points that support your argument and with relevant points that appear to challenge your argument — and, in dealing with the latter points, you need to show why they do not in fact fatally undermine your argument. In other words, the approach I’m suggesting here doesn’t mean that you should adopt a blinkered approach, paying no attention to counterarguments: rather, you need to deal with them in a way that shows that, having thought about and weighed them in the balance, you are in a position to show why your argument stands in spite of them (or why your argument can be adapted in a way that accommodates such points).  

All of this points towards a further matter: namely, that advancing an argument in your essay does not mean that you need to (or should) be argumentative in the sense of adopting a strident tone that brooks no debate or compromise. Rather, advancing an argument in the way I’ve suggested here means being thoughtful and persuasive : taking the reader with you on a journey that demonstrates that you have looked at the relevant material, carefully thought through the issues raised by the question, and arrived at a view that you are able to justify and defend through well-reasoned and suitably evidenced argument.

So what about your conclusion? If you’ve followed my advice above, it should more or less write itself. People often agonise over conclusions, perhaps thinking that there has to be some ‘big reveal’ at the end of their essay. But there doesn’t need to be — and indeed there shouldn’t be — any big reveal. There should be no surprises at the end precisely because you’ve set out your argument at the beginning and spent the rest of the essay carefully constructing the different strands of your argument. The conclusion is an opportunity to draw those stands together, but no-one should have to wait with bated breath for the conclusion before finally realising: ‘Ah, so that’s what they think!’ If that’s the impact of the conclusion on your reader, it means there’s something wrong with the introduction!

This post was first published on The Law Prof blog . It is re-published here with permission and thanks.

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A Guide on Writing Law Essays

Funnily enough, this was one of the things I was worst at when I went to university. I took English Lang, Chemistry and Maths for my A Levels; needless to say, my essay-writing skills were lacking in first and second year. Then, I had look at the things I did well and I thought about a formulaic approach in constructing an essay. From a 58 and 68 in Semester 1 of third year, I shot up to getting 72s in every single thing I did after that point (including my dissertation). Here's how I did it: a "five act structure".

All essays can be broadly broken down into 5 sections:

Introduction

History of the Law

Current Implications of the Law

Law schools absolutely love this analytical method: say what you've just done, say what you're doing now, and say what you're going to do. It's not difficult to see how this immediately applies to the context of an essay subject, i.e. "What has the law done ? What is the law doing now ? What will the law do?" I'll discuss these in greater detail.

1. Introduction

This is where you read the question and decide how you're going to answer it. For instance, if the question is something like "The law on assault is too broadly applied. Discuss." you would say something like, "This essay takes the stance that the law on assault is broadly applied, but for a reason. Through analysis of the historical and contemporaneous contexts, it will be argued that the propositions or alternatives would undermine the objectives the law as viewed through a harm-reduction lens." Many, many people will say that you shouldn't write your introduction until the end of the essay; I disagree. Using this structure enables you to know what your argument is, how you're going to get there, and what you're going to discuss along the way. It also helps keeps you focused on the point you're making. You can always edit your introduction to sound a lot more powerful afterwards, and I'll put some examples of my highest scoring introductions with the questions asked in the comments.

If you've ever been told that you're "being too descriptive", what that means is that you're not going further than mere re-statements of the law or academic insight. The history of the law is good to get analytical marks because you can't discuss the state of things now without looking first at how we got here. Using the example above, you might argue that assault was criminalised initially because of X reasons, and the law was built upon that to be in line with the overall zeitgeist of harm-reduction. Basically, analysing the historical context is a great way of showing the marker that you've engaged with the material and understood the body of law in which it sits. Don't be ridiculous and go back to Medieval times, but part of the skill is being able to make a persuasive argument that is grounded in research and context.

Here is where you have the bulk of your analysis because you're discussing ongoing caselaw and legislation that is relevant to right now, and bringing in sources beyond the legal world (like for instance political, media, public perception) is something you can (and should!) do.

Use sources from the last few months to a year ago to really focus on the contemporary implications and, most importantly, use modern discourse to synthesise your own answer. You'll get a metric f*** tonne of marks for constructing a solution to the question that is grounded in research.

5. Conclusion

Sum everything up. It can be as few as 100 words, or as many as 300. The important thing here is not to introduce any new points into your argument. If you imagine an essay as a mountain, your previous (reforms) section should be the peak, and the conclusion is where you take a breather to toboggan down the other side at a rapid pace. It's a quick view of everything you've discussed.

What is Analysis?

Analysis is getting down to the nub of something. I usually have an end goal in mind whenever I make a point, so when I'm writing something, I ask myself, "So what?" If you keep asking yourself that as you write, you'll get down to the essence of a point and how that furthers your argument. Analysis comes in many forms, and critical analysis is looking at an academic's work with a critical eye. In effect, it's examining the limitations of an otherwise thorough piece of work. These limitations can be intentional, for instance an academic who wants to make a point may choose to overlook some argument, but you might think that the argument overlooked is actually really convincing because someone else pointed it out, so use that!

Do I Argue Both Sides?

NO! Never. In fact, you shouldn't even argue one side. I learned very late in my law school career that the best marks come from people who argue a nuanced view. You, of course, need to address the other side, but do it in an argumentative way, i.e. address it to undermine it. This is called Evaluation and is a step above analysis because you're exerting your skill in arguing why your stance is so strong that it undermines alternative views.

Sub-headings?

Hell yeah. I'm a huge proponent of sub-headings in my essays because they provide structure. I sub-head for each of the sections above; keeping Introduction and Conclusion the same, I tailor those other sections to the context of my essay. It keeps you focused, it helps the reader see a barebones outline of your essay, it makes a world of difference.

How Long Should a Paragraph Be?

The general rule is: 1 point/1 paragraph. This is a very good rule. When I was in school, I was too focused on letting my work look nice that I never paid any attention to the fact that the rule exists. If you spend multiple paragraphs discussing the same point, it actually breaks up your analysis and makes it seem like each separate paragraph is its own, incomplete, analysis. I've had paragraphs go on for more than entire pages of 12pt Arial 1.5 spaced writing (about 550 words), and those were the ones that got all the "Excellent" comments. Let go of your conceptions of what a "nice" paragraph is, just write!

If you have any other questions, just leave a comment down below or message me. I'm going to do another post for Problem Questions. Good luck to everyone starting or continuing their law degree this year, you can do it!

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How to Structure an Essay

Essay writing is a fundamental skill, a basic task, that is expected of those who choose to pursue their undergraduate and master’s degrees. It constitutes a key requirement for students to complete a given course credit. However, many students and early career researchers find themselves struggling with the challenge of organizing their thoughts into a coherent, engaging structure. This article is especially for those who see essay writing as a daunting task and face problems in presenting their work in an impactful way.  

Table of Contents

• Writing an essay: basic elements and some key principles  
• Essay structure template 
• Chronological structure 
• Problem-methods-solutions structure 
• Compare and contrast structures 
• Frequently asked questions on essay structure 

Read on as we delve into the basic elements of essay writing, outline key principles for organizing information, and cover some foundational features of writing essays.  

Writing an essay: basic elements and some key principles

Essays are written in a flowing and continuous pattern but with a structure of its own. An introduction, body and conclusion are integral to it. The key is to balance the amount and kind of information to be presented in each part. Various disciplines may have their own conventions or guidelines on the information to be provided in the introduction.  

A clear articulation of the context and background of the study is important, as is the definition of key terms and an outline of specific models or theories used. Readers also need to know the significance of the study and its implications for further research. Most importantly, the thesis or the main proposition should be clearly presented.  

The body of the essay is therefore organized into paragraphs that hold the main ideas and arguments and is presented and analyzed in a logical manner. Ideally, each paragraph of the body focuses on one main point or a distinct topic and must be supported by evidence and analysis. The concluding paragraph should bring back to the reader the key arguments, its significance and food for thought. It is best not to re-state all the points of the essay or introduce a new concept here. 

In other words, certain general guidelines help structure the information in the essay. The information must flow logically with the context or the background information presented in the introductory part of the essay. The arguments are built organically where each paragraph in the body of the essay deals with a different point, yet closely linked to the para preceding and following it. Importantly, when writing essays, early career researchers must be careful in ensuring that each piece of information relates to the main thesis and is a building block to the arguments. 

Essay structure template

• Introduction 
• Provide the context and share significance of the study 
• Clearly articulate the thesis statement 
• Body  
• Paragraph 1 consisting of the first main point, followed by supporting evidence and an analysis of the findings. Transitional words and phrases can be used to move to the next main point. 
• There can be as many paragraphs with the above-mentioned elements as there are points and arguments to support your thesis. 
• Conclusion  
• Bring in key ideas and discuss their significance and relevance 
• Call for action 
• References 

Essay structures

The structure of an essay can be determined by the kind of essay that is required.  

Chronological structure

Also known as the cause-and-effect approach, this is a straightforward way to structure an essay. In such essays, events are discussed sequentially, as they occurred from the earliest to the latest. A chronological structure is useful for discussing a series of events or processes such as historical analyses or narratives of events. The introduction should have the topic sentence. The body of the essay should follow a chorological progression with each para discussing a major aspect of that event with supporting evidence. It ends with a summarizing of the results of the events.  

Problem-methods-solutions structure

Where the essay focuses on a specific problem, the problem-methods-solutions structure can be used to organize the essay. This structure is ideal for essays that address complex issues. It starts with presenting the problem, the context, and thesis statement as introduction to the essay. The major part of the discussion which forms the body of the essay focuses on stating the problem and its significance, the author’s approach or methods adopted to address the problem along with its relevance, and accordingly proposing solution(s) to the identified problem. The concluding part offers a recap of the research problem, methods, and proposed solutions, emphasizing their significance and potential impact. 

Compare and contrast structures

This structure of essay writing is ideally used when two or more key subjects require a comparison of ideas, theories, or phenomena. The three crucial elements, introduction, body, and conclusion, remain the same. The introduction presents the context and the thesis statement. The body of the essay seeks to focus on and highlight differences between the subjects, supported by evidence and analysis. The conclusion is used to summarize the key points of comparison and contrast, offering insights into the significance of the analysis.  

Depending on how the subjects will be discussed, the body of the essay can be organized according to the block method or the alternating method. In the block method, one para discusses one subject and the next para the other subject. In the alternative method, both subjects are discussed in one para based on a particular topic or issue followed by the next para on another issue and so on.  

Frequently asked questions on essay structure

An essay structure serves as a framework for presenting ideas coherently and logically. It comprises three crucial elements: an introduction that communicates the context, topic, and thesis statement; the body focusing on the main points and arguments supported with appropriate evidence followed by its analysis; and a conclusion that ties together the main points and its importance .  

An essay structure well-defined essay structure enhances clarity, coherence, and readability, and is crucial for organizing ideas and arguments to effectively communicate key aspects of a chosen topic. It allows readers to better understand arguments presented and demonstrates the author’s ability to organize and present information systematically. 

Yes, while expert recommend following an essay structure, early career researchers may choose how best to adapt standard essay structures to communicate and share their research in an impactful and engaging way. However, do keep in mind that deviating too far from established structures can hinder comprehension and weaken the overall effectiveness of the essay,  By understanding the basic elements of essay writing and employing appropriate structures such as chronological, problem-methods-solutions, or compare and contrast, researchers can effectively organize their ideas and communicate their findings with clarity and precision. 

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Get accurate academic translations, rewriting support, grammar checks, vocabulary suggestions, and generative AI assistance that delivers human precision at machine speed. Try for free or upgrade to Paperpal Prime starting at US$19 a month to access premium features, including consistency, plagiarism, and 30+ submission readiness checks to help you succeed.  

Experience the future of academic writing – Sign up to Paperpal and start writing for free!  

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