How to write a Law Essay

1100 words (4 pages) Study Guide

13th May 2020 Study Guide Reference this

Tags:

Share this: Facebook Twitter Reddit LinkedIn WhatsApp

The writing of law essays is challenging and can be tricky as it is different from the
writing of other types of essays. In order to have a good piece of legal writing, the writer
should obviously have a legal background and have the ability to demonstrate legal
analysis. At the same time, the writer should ensure that he is clear, coherent, concise,
and answers the question using plain English.

1. Analyse the Question

The starting point in writing a law is essay is to analyse the question and understand
clearly what the question is all about. Ideally, one should start by identifying the area or
topic of law. Once the topic is identified, the writer should analyse the question in light
of the area of the law and understand what is it that should be discussed in the body of
the essay so as to answer the question. In order to ensure that he is relevant
throughout, the writer may want to draw up a quick plan consisting of bullet points of
the different elements of his answer which he will elaborate on throughout the essay.
The idea of having a plan is for the writer to mind map his thoughts. With the plan in
mind, he could set off writing the essay, which normally would consist of an
introduction, the body, and a conclusion.

2. Write an Introduction

The introduction to the essay is very important as it is meant to provide the reader of
the essay with a taste of the writer’s answer. In his introduction, it will be helpful for the
writer to give the reader a flavour of what his answer will be like. Hence, the writing of
the introduction should be more generalised rather than being specific. The aim is to
show the reader that the writer has correctly identified the question, the area of the law,
and how he proposes to provide an answer. An introduction should not be too lengthy.

3. Create the Body of the Essay

The body of the essay will be the heart of the essay. The writer should ensure that the
body deals with all the elements that will answer the question. He should write in an
orderly fashion so that the reader can understand the flow in the arguments. If the
writer’s body will consist of a number of points in law, it will be a good strategy that he
writes a paragraph on each point in law. This will enable the reader to follow the
arguments and the essay will look neater. The writer may also divide the body of his
essay in different sub-headings if necessary.

The writer should bear in mind that the body of his essay adequately deals with all the
elements of the answer. The writer should back up all of his arguments in the essay with
a proposition of law where applicable. For instance, if the writer is making a point
relying on a piece of legislation, he should refer to the Act of Parliament in issue. As an
example, if the point that the writer is making is that goods sold should be of
satisfactory quality when sold in the course of business, he should refer to Section 14(2)
Sale of Goods Act 1979. On the other hand, if the writer is relying on a judgment or the
ratio of a case, he should refer to the case with full citation. If the facts of the case law
are important in making his point, the writer may even briefly write about the facts of
the case. But he should bear in mind that the ratio of the case, that is the legal
reasoning behind the judgment, and the judgments provided by the judges are the
most important.

It is fundamental for the writer to be consistent throughout the essay and to be relevant
at all times. The different paragraphs making up his body should precisely answer the
question. The essay should also be grammatically correct. As regards a law essay, it is
extremely important for the writer to use correct vocabulary and make use of plain
English which is not informal. This means that the writer should not be informal or use
words which are more used in Spoken English such as “don’t or can’t”. The writer should
adopt a legal analysis throughout which means that the different points that he is
making is being made having due regard to the law as a matter of fact. He should avoid
giving his personal opinions as to the law. Of course, on certain points of law, he may
cite the names of well-known academics such as Benjamin on Sale of Goods; Chitty on
Contract; or Todd on International Trade Law and briefly give the views of those
academics.

4. Check Legal Analysis

In order for his essay to amount to a good piece of work, the writer should, above all,
ensure that his legal analysis is correct and that he got the law right. Before one
embarks on writing, he should either be familiar to the area of the law or he must
research the area or topic adequately. The essay will only obtain good marks if the
substance of the academic writing is legally correct.
5. Check for Plagiarism

The writer should never plagiarise or else he may be heavily penalised. Afterall, law
tutors and academics correcting a paper are well acquainted and familiar to academic
books and may easily detect plagiarism. Where the writer is referring to a quotation or
to the works of an academic, he should give full reference to the source of the reference
in a footnote.

6. Create a Conclusion

Finally, the last section of a law essay should be a conclusion. If the introduction and the
body of the essay are correct with the requisite legal analysis and having answered the
question, a proper conclusion may only be the “cherry on the cake”. As such, in a
conclusion, the author would wrap up the points that he has made in the body and put
a generalised answer to the question. It is worth noting that the writer should not
introduce any new information in a conclusion but it should rather be a summarising
and a re-packaging exercise.

Bearing the above points in mind, the writer of a law essay may embark on an exercise
where he may efficiently provide his legal analysis to the substance of the question. In
doing so, his aim will be to illuminate the reader on the subject matter and be
informative whilst at the same time being relevant.