How to write an essay in law

Common mistakes - and how to avoid them

Common mistakes in student essays - and ones that can be costly in terms of marks -
include:
 Not answering the set question or neglecting part of the question
 Essay structure and argument are weak (or non-existent)
 Lack of research
 Including too much background or description, not enough critical analysis
 Points are not substantiated (backed up with evidence, reasons and/or authorities)
You are less likely to make these mistakes if you:
 Examine models of the type of writing you are aiming to produce
 Analyse the question with care and understand your task
 Give thought to how you might best structure/organise your material
 Adopt a critical/questioning/evaluative approach when reading
 State your 'best answer' to the question in both the introduction and conclusion
 Record sources of quotes, ideas and arguments meticulously. This assists in your
referencing.

'Good' essays do have common features, however.

In general, they:
 Show that the topic has been comprehensively researched
 Consider a range of arguments or points of view on the issue
 Demonstrate a depth of understanding of the topic
 Present a coherent and well-supported argument
 Provide authoritative sources, accurately cited
 Communicate complex ideas and information clearly and succinctly

Analysing the question

Your first task in preparing an essay is always to read the question carefully.
It's useful to identify 3 aspects of the question:
 the topic
 your task
 any limits.

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Understanding the task
Law essay questions can engage you in a range of tasks. For example, you may be asked
to:
a. Explain and evaluate
eg. Explain the current state of the law on X and evaluate reform proposals.
b. Review and assess
eg. Review the aims and objectives behind a piece of legislation and assess the extent
to which the new provisions meet those objectives.
c. Identify and critically analyse
eg. Identify the causes and effects of a particular legal problem and critically analyse
proposed solutions.
d. Compare and contrast
eg. Compare and contrast specified theories, approaches or legislative frameworks.

The words in the question that instruct you about the required task/s are called 'directives'
- explain, analyse, evaluate, compare and so on. Be sure to notice these words and frame
your essay accordingly

Researching the topic

Thorough research is necessary when writing an essay. Make sure your research is broad
enough to allow you to read across a wide range of materials.
The focus of your research should be on resources considered authoritative, for eg. case
reports and peer reviewed scholarly academic journal articles.
Make use of any references given by the academic staff, but do not limit your research to
this. Make use of the online resources available through the Library database and search
for journal articles. Reports released by governments and their agencies, particularly Law
Reform Commissions, should be utilized. Media reports can provide valuable information
the topic, but these should be used sparingly.
Structuring an essay
The information, points and opinions you present in your essay need to be organised in a
logical and accessible way - they need to be given some structure. The structure of a text
links the parts together, ensuring they work cohesively to form a whole.
Most students understand that, at the most basic, an essay needs an introduction, a body
and a conclusion. The difficulty usually comes with structuring, or organising, the
material in the body.

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How you structure the body of your essay will depend on your task and your approach to
the topic.

Example structure
a. Introduction
b. Brief background to issue
c. Argument 1
d. Strengths or points in favour
e. Weaknesses or counter arguments
f. Argument 2
g. Strengths or points in favour
h. Weaknesses or counter arguments
i. Argument 3
j. Strengths or points in favour
k. Weaknesses or counter arguments
l. Argument 4
m. Strengths or points in favour
n. Weaknesses or counter arguments
o. Evaluation of overall strengths/weaknesses
p. Conclusion

Critical analysis
While thorough research is essential if you are to develop an accurate understanding of a
particular legal topic, a research essay requires more than a summary of the relevant
legislation and judgements.
In addition, you need to provide some analysis of your sources and of the issues raised by
the topic. 'Analysis' in this context can comprehend a range of activities:

 Evaluating
 Testing
 Justifying
 Critiquing
 Highlighting
 Contrasting

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  Identifying
 Comparing
 Distinguishing
 Examining
 Considering and applying alternate or counter arguments

What is ‘critical analysis’?

In short, critical analysis refers to the comments, ideas and insights you offer your reader
to assist their understanding and consideration of the topic and the issues it raises.
In scholarly terms, critical analysis means taking into consideration the claims of a theory
or argument:
 What it is based on (the premise)
 Whether it has identifiable faults
 The validity and strength of supporting evidence.
It means
 Being open to other points of view and not being blinded by our own biases:
 Asking questions
 Identifying problems and solutions
 Finding connections and categorising
 Making judgements
 Relating theory to practice
 Stating an argument, and supporting it with evidence
 Making comparisons
 Evaluating
 Analysing your authorities

Identify the author's theory/argument

Analyze the structure of the theory/argument by identifying all main ideas
Look up concepts, terms, etc that you don’t understand
Make an outline of the work or write a description of it
Write a summary of the work
Determine the purpose. Is it to:
 To inform with factual material (eg. Statistics)

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  To persuade with appeal to reason or emotions (eg. Appeals to reason; Many
human rights issues)

Analysing your authorities

Evaluate the means by which the author has accomplished his purpose
If the purpose is to inform, has the material been presented clearly, accurately, with order
and coherence?
If the purpose is to persuade, look for evidence, logical reasoning, contrary evidence
Critical analysis involves splitting the theory/claim up into its component parts.

For example, does the claim apply in all situations?

Academic argument must be based on information/evidence and previous
theoretical claims (even if these are to be rejected) not on personal experience
(which is too particular and not able to be applied generally) or beliefs that are not
grounded in fact.
A good way to begin is to ask the following questions:
 What needs to be true to support my ideas (claims)?
 What theoretical basis is there to support them? Or, what theoretical base considers
similar issues which I wish to argue against? (This is more difficult).
 What factual evidence is there for my argument (case studies, legal or other
documents or reports-etc.)?
 Can I find the evidence I need (is it available and easily accessible - where and how
can I get it)?
 Is there enough evidence to support my ideas (claims) or should I be less ambitious
and reduce the focus of my work or think again?

Writing essays to length

Most essays have a word limit which are designed to make you think carefully about how
to organise and illustrate your answer. Check with your institution whether references,
footnotes and/or bibliography are included in the word count.
In law assignments, word limits are often restrictive so that you develop concise writing
skills and omit any irrelevant material – every sentence counts and you will need to
sustain a sharp focus on the question and limiting any tangential discussion.
To keep within the word limit, you will need to:
 Limit yourself only to the relevant issues and ideas

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  Select and use only relevant material, legal authority and examples, using only one
source for each point made (unless you have an unlimited word count for
references)
 Reword concepts from source material very concisely, making the relevance of
each source very clear

With law essays, you should give priority to primary source material - statutes, statutory
instruments and cases.
Journals and encyclopaedias (eg. Halsbury's Laws of Australia) are secondary
source materials - this means that although they describe the law, they are not the
law; and sometimes they are wrong!