introduction to a law essay

Username or email  *

Password  *

Remember me --> Sign In

Forgotten password?

[email protected]

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Avoid using outdated laws and obscure blog posts as sources of information.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.

Start Writing Like A Lawyer

Read our legal writing tips now

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

Free Guides

Our free guides cover everything from deciding on law to studying and practising law abroad. Search through our vast directory.

Upcoming Events

Explore our events for aspiring lawyers. Sponsored by top institutions, they offer fantastic insights into the legal profession.

Join Our Newsletter

Join our mailing list for weekly updates and advice on how to get into law.

Law Quizzes

Try our selection of quizzes for aspiring lawyers for a fun way to gain insight into the legal profession!

PREVIOUS ARTICLE

Legal Writing: Start Writing Like a Lawyer!

NEXT ARTICLE

LLM Jobs for Graduates

Loading More Content

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.

Enjoyed this post? Sign up for the Survive Law weekly newsletter for more.

#study #tutorials #writing #assignment #assignments #tips

Recent Posts

Top 3 Gradual Law Grad Realisations

Top 3 Studying Mistakes to Avoid in the First Week of Uni

Top 3 Methods to Overcome A Lack of Motivation

Want To Improve Your Writing Skills?

We learn from other’s experience which help us grow faster. Therefore, People recommend https://salutetoeducation.net for amazing and SEO friendly content. So, check it out RIGHT NOW!!! to boost up your portfolio with a variety of unique and eye-catching blog and articles.

Great tips.

Thanks for Sharing.

I am a new member who starts blogging on laws. This article is very helpful for my research. If you are starting to write an essay on the law then it is must that you explain it in detail and use attractive GIf and infographics.

https://www.vingle.net/posts/2782287

How to Write a First Class Law Essay

A Fuel Crisis that Continues to Drown the UK

The Rohingya Refugee Crisis

• Tips for Students
• essay writing
• first class
• tips for students

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

Related posts.

Mastering Problem Question Answers: A Guide for Law Students

A Law Student’s Guide to London

Embracing the Final Year of Law School

Comments are closed.

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!

Leave a Comment Cancel reply

Save my name, email, and website in this browser for the next time I comment.

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!

Public Law for Everyone

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.

• Share Copied to clipboard

Public Law for Everyone is written by Mark Elliott . Mark is Professor of Public Law at the University of Cambridge and a Professorial Fellow of St Catharine’s College, Cambridge. He is a former Legal Adviser to the House of Lords Constitution Committee and served from 2019 to 2024 as Chair of the Cambridge Law Faculty.

The new Attorney General on the rule of law

Earlier this week, the Attorney General, Lord Hermer, delivered the 2024 Bingham Lecture, entitled ‘The Rule of Law in an Age of Populism’. Although not a party political speech as such, he was evidently at pains to make it as…

Judicial review 101: McAleenon in the Supreme Court

Although the Supreme Court’s judgment in In the matter of an application by Noeleen McAleenon for Judicial Review [2024] UKSC 31 traverses some ostensibly technical ground, it is underpinned by an important reiteration by the Court of the role of…

The Conservative leadership election and withdrawal from the European Convention on Human Rights

Robert Jenrick MP, one of the two remaining contenders for the leadership of the Conservative Party, has made the UK’s withdrawal from the European Convention on Human Rights (‘ECHR’) a central part of his platform. This post will briefly attempt…

Saving the Union? Philip Rycroft on Whitehall and the Scottish independence referendum

I attended a fascinating talk at St Catharine’s College in Cambridge earlier this week, organised by the University’s Bennett Institute for Public Policy, on ‘Saving the Union? Whitehall and the Scottish independence referendum’. The speaker, Philip Rycroft, who later went…

• Administrative Law
• Constitutional Law
• Human Rights
• Studying & Teaching

Subscribe to receive new blogposts via email

• Already have a WordPress.com account? Log in now.
• Subscribe Subscribed
• Copy shortlink
• Report this content
• View post in Reader
• Manage subscriptions
• Collapse this bar