An essay question requires a balanced analysis of all sides of any academic debate. Do not give an entirely one-sided answer. However, do not do the opposite of this either. A completely neutral, non-committal essay is equally shallow: don’t conclude that both sides have good points without saying one is better. You need to have an argument.
For example, say you are asked to discuss whether sado-masochism should be an exception to the rule against consenting to ABH. A good answer will first consider: what is the point of criminalising behaviour that only really harms yourself? Is it paternalism? If so, does the law generally take a paternalist approach? Or does it instead generally protect an individual’s liberty to harm themselves as they please? How do the other exceptions to the rule fit into a paternalist or a liberty-based concept of the law?
A law essay question requires you to make an argument about some aspect of the law. For example, it might ask whether Bloggs vs Smith was correctly decided, how would you reform the law of murder, and so on. This guide provides tips and tricks for improving your legal essay writing skills.
A good answer to this question would explain this. It would then outline the different views on the concept of international law, and argue that one particular view is the best. Only then would the student discuss whether the law relating to persistent objectors is a threat to general international law.
Formulate a Balanced Argument
Start the essay knowing what your argument will be. Work out how you are going to show that you have the correct way of looking at things. Always discuss criticisms that could be made of your points and how you would deal with them. If the other side have strong rebuttals, don’t ignore them: address them and explain why you don’t find them convincing.
Confidence in essay-writing is not something that is stressed enough at school or university. People who aren’t confident are tempted to hedge their bets with language like ‘probably’ and ‘it might be the case’. Resist that urge. If your analysis is correct, the person marking the essay may have doubts as to how firmly you grasp the material if you do not sound confident in your conclusions. If your analysis is not correct, saying ‘probably’ in front of the error won’t help in any case.
Here is a common complaint by law examiners every year. Many students read the question once, see its on a particular topic, and regurgitate everything they know about that topic. As a result, the student fails to actually provide any kind of answer to what was asked.
This applies to all sorts of work products you may produce. Briefs, of course, but also any chart, exhibit, or letter. Some thoughtful formatting will reassure your readers that the rest is sound as well.
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Make sure that your roots are deep.
So next time you pick up your keyboard to write something out, think carefully about the potato and remember its lessons, and with luck, it will carry you as far as the potato itself has reached.
Topics
Anything else fries your credibility. If a reader digs into one of your arguments and finds that your arguments weren’t well-supported or thought out, they’re unlikely to trust much else of what you say. But the reverse is also true: if they start going through and see that everything is well-supported, then they will likely trust you more.
* A new lawsuit alleges that Montana is infringing on the rights of Native American voters. [New York Times]
Continuing on my recent theme of drawing life lessons from random flora and fauna, today I want to direct your attention to the potato, and why it should be your spirit vegetable whenever you do legal writing.
Continuing on my recent theme of drawing life lessons from random flora and fauna, today I want to direct your attention to the potato, and why it should be your spirit vegetable whenever you do legal writing.
* Rudy Giuliani’s legal team disputed the legitimacy of search warrants issued against the former Trump lawyer. [Wall Street Journal]
* Derek Chauvin’s lawyer denied that he leaked information about a rejected plea deal to the press. [Insider]
Make sure that your roots are deep.
Demystifying NFTs: Defining Non-Fungible Tokens and Their Unique Legal Considerations
Good legal writing is the same. It’s of course very important to have the surface of argument and presentation: You want someone to read what you write and be convinced. But you also need to be ready for them to dig deeper. And when they dig deeper, it’s crucial that they find that the root is good quality. You want a reader who pulls into your cases or considers your arguments to feel confident that you have put in more thought than them.
* Kodak and its CEO might be sued over insider trading that allegedly occurred just before the company announced a lucrative deal with the U.S. government. Maybe they figured regulators didn’t know the company still existed… [Wall Street Journal]
* A new lawsuit alleges that Montana is infringing on the rights of Native American voters. [New York Times]
Good legal writing is the same. It’s of course very important to have the surface of argument and presentation: You want someone to read what you write and be convinced. But you also need to be ready for them to dig deeper. And when they dig deeper, it’s crucial that they find that the root is good quality. You want a reader who pulls into your cases or considers your arguments to feel confident that you have put in more thought than them.
So next time you pick up your keyboard to write something out, think carefully about the potato and remember its lessons, and with luck, it will carry you as far as the potato itself has reached.
Anything else fries your credibility. If a reader digs into one of your arguments and finds that your arguments weren’t well-supported or thought out, they’re unlikely to trust much else of what you say. But the reverse is also true: if they start going through and see that everything is well-supported, then they will likely trust you more.
* A new lawsuit alleges that Montana is infringing on the rights of Native American voters. [New York Times]
The Top 5 Trends Influencing Legal Ops
This applies to all sorts of work products you may produce. Briefs, of course, but also any chart, exhibit, or letter. Some thoughtful formatting will reassure your readers that the rest is sound as well.
* Kodak and its CEO might be sued over insider trading that allegedly occurred just before the company announced a lucrative deal with the U.S. government. Maybe they figured regulators didn’t know the company still existed… [Wall Street Journal]
Continuing on my recent theme of drawing life lessons from random flora and fauna, today I want to direct your attention to the potato, and why it should be your spirit vegetable whenever you do legal writing.
Useful tips on wider study skills such as research, referencing & citation, and examination preparation.
Useful tips on wider study skills such as research, referencing & citation, and examination preparation.
Annotated sample writing with commentary to help you understand what makes a strong piece of written work
Part 3 Answering problem and exam questions
6 Answering problem questions
Understanding problem questions
Tackling problem questions
Practice 1: Contract problem
Practice 2: Statutory interpretation/judicial review problem
Summary of problem-solving skills
If you're a student
Example boxes which show you how to apply the principles discussed to your own writing
4 Legal referencing and citation
Learn how to cite cases
Citing statutory materials
Citing journals
Citing books
Citing websites
Bibliographies
References and Latin words and phrases
Summary of using legal materials, referencing and citation
Extracts from weaker answers which draw attention to common pitfalls which can bring down grades, to ensure that you avoid them