how to write an essay on legislation

Username or email  *

Password  *

Forgotten password?

[email protected]

+44 (0)20 8834 4579

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Avoid using outdated laws and obscure blog posts as sources of information.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

• PRO Courses Guides New Tech Help Pro Expert Videos About wikiHow Pro Upgrade Sign In
• EDIT Edit this Article
• EXPLORE Tech Help Pro About Us Random Article Quizzes Request a New Article Community Dashboard This Or That Game Popular Categories Arts and Entertainment Artwork Books Movies Computers and Electronics Computers Phone Skills Technology Hacks Health Men's Health Mental Health Women's Health Relationships Dating Love Relationship Issues Hobbies and Crafts Crafts Drawing Games Education & Communication Communication Skills Personal Development Studying Personal Care and Style Fashion Hair Care Personal Hygiene Youth Personal Care School Stuff Dating All Categories Arts and Entertainment Finance and Business Home and Garden Relationship Quizzes Cars & Other Vehicles Food and Entertaining Personal Care and Style Sports and Fitness Computers and Electronics Health Pets and Animals Travel Education & Communication Hobbies and Crafts Philosophy and Religion Work World Family Life Holidays and Traditions Relationships Youth
• Browse Articles
• Learn Something New
• Quizzes Hot
• This Or That Game
• Train Your Brain
• Explore More
• Support wikiHow
• About wikiHow
• Log in / Sign up
• Education and Communications
• College University and Postgraduate
• Academic Writing

How to Write a Law Essay

Last Updated: August 11, 2023

This article was co-authored by Clinton M. Sandvick, JD, PhD . Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. This article has been viewed 240,879 times.

In a college legal studies course, and in some law school courses, you may be required to write a research paper addressing a legal topic. These essays can be tricky, because the law is constantly evolving. To secure a top grade, your essay must be well-researched and coherently argued. With proper planning and research, you can write a stellar legal essay. [Note: this article does not address how to write law school essay exams or bar exam questions, which require different techniques and strategies.]

Choosing an Essay Topic

• A narrow essay prompt might read, "Discuss the evolution and impact of the exclusionary rule of evidence in the United States." A broad prompt might read, "Discuss how a civil rights movement led to changes in federal and/or state law."
• If you are invited to choose your own topic, your professor may require you to submit a written proposal or outline to ensure that your chosen topic complies with the prompt. If you are not sure if your topic is within the parameters of the prompt, propose your topic to your professor after class or during his or her office hours.

• Hopefully, your course readings, lectures, and class discussions will have given you enough background knowledge to select a topic. If not, review your class notes and browse online for additional background information.
• It is not uncommon to change your topic after doing some research. You may end up narrowing the questions your essay will answer, or changing your topic completely.

• If you can, try to focus on an are of the law that affects you. For example, if your family is involved in agriculture, you may be interested in writing about water use regulations .

Researching Your Topic

• If you are prohibited from citing internet resources, you can still use online research to guide you to physical primary and secondary sources in your local library or bookstore.

• Look at footnotes, citations, and indexes in tertiary sources. These are great for finding books, articles, and legal cases that are relevant to your topic. Also take note of the names of authors, who may have written multiple works on your topic.

• Also find search engines for related fields, such as history or political science. Ask your librarian to recommend specialized search engines tailored to other disciplines that may have contributed to your topic.

• Never cut and paste from the web into your notes or essay. This often leads to inadvertent plagiarism because students forget what is a quotation and what is paraphrasing. When gathering sources, paraphrase or add quotation marks in your outline.
• Plagiarism is a serious offense. If you ultimately hope to be a lawyer, an accusation of plagiarism could prevent you from passing the character and fitness review.

Drafting the Essay

• An effective introduction takes the reader out of his world and into the world of your essay. [2] X Trustworthy Source University of North Carolina Writing Center UNC's on-campus and online instructional service that provides assistance to students, faculty, and others during the writing process Go to source Explain why the subject is important and briefly summarizes the rest of your argument. After reading your introduction, your reader should know what you are going to discuss and in what order you will be discussing it.
• Be prepared to revise your introduction later. Summarizing your essay will be easier after you have written it, especially if you deviate from your outline.

• State each argument of your essay as a statement that, if true, would support your thesis statement.
• Provide supporting information drawn from primary and secondary sources that support your argument. Remember to cite your sources.
• Provide your own original analysis, explaining to the reader that based on the primary and secondary sources you have presented, the reader should be persuaded by your argument.

Formatting Your Essay

Proofreading the Essay

• Open up a Word document. On the Quick Access Toolbar at the top, click on the down arrow. The words “Customize Quick Access Toolbar” will appear when you hover over the arrow for two seconds.
• Click on the arrow. Then click on “More Commands.”
• In the “Choose commands from” drop-down box, choose “All commands.”
• Scroll down to find “Speak.” Highlight this and then click “add.” Then click “okay.” Now the Speak function should appear on your Quick Access Toolbar.
• Highlight the text you want read back to you, and then click on the Speak icon. The text will be read back to you.

• Do not rely on a spell checker exclusively, as it will not catch typos like "statute" versus "statue."

Revising the Essay

• You can share the essay with someone outside of class, but a classmate more likely has the requisite knowledge to understand the subject matter of the essay.

Expert Q&A

You might also like.

• ↑ https://owl.english.purdue.edu/engagement/2/2/53/
• ↑ http://writingcenter.unc.edu/handouts/introductions/
• ↑ https://www.legalbluebook.com/
• ↑ https://support.office.com/en-ca/article/Using-the-Speak-text-to-speech-feature-459e7704-a76d-4fe2-ab48-189d6b83333c

About This Article

To write a law essay, start by writing a thesis statement on your chosen topic. Phrase your thesis statement as an argument, using words like “because” or “therefore” to state your point. Write an outline of the arguments you will use to support your thesis statement, then use that outline to build the body of your paper. Include any counter-arguments, but use your evidence to convince the reader why your point of view is valid, and the counter-arguments are not. Be sure to cite all of your sources in the format preferred by your professor. For tips from our reviewer on finding the best sources for your topic, keep reading! Did this summary help you? Yes No

• Send fan mail to authors

Did this article help you?

Featured Articles

Trending Articles

Watch Articles

• Terms of Use
• Privacy Policy
• Do Not Sell or Share My Info
• Not Selling Info

Get all the best how-tos!

Sign up for wikiHow's weekly email newsletter

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.

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.

• 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

Support NYU Law

• Writing a Student Note
• Writing Process

The Writing Process

Typical outline of a note.

• Introduction : The Introduction should include a description of the problem, a thesis statement, and a roadmap of the argument to follow.
• Part I : This section should be used to set forth the background information on which the later analysis in your Note will depend. It should be a general and broad review of the important issues relevant to your topic that educates your readers about everything they must know in order to understand your Note. When writing this section, be sure to use language that a reader who is not familiar with your Note topic can easily understand.
• Part II : This section should examine the major cases and statutes that your Note will be analyzing. It will contain the main portion of your analysis of how the law stands. For example, if your topic focuses on a circuit split, Part II is where you would explain the conflicting holdings and rationales. You may also choose to discuss what other commentators have said about your topic and these cases.
• Part III : This section is where you will contribute your own analysis of and views on the topic. You will say why you feel the cases/commentary you analyzed are wrong and what should be done instead. In the case of a circuit split, say which side is better and why. Part III is where you should place your original thoughts and contributions, along with the conclusion of your Note.
• Conclusion : The Conclusion should briefly restate what you have already said. You should not focus too much on this section when preparing this Prospectus.

Tips on Legal Writing—Patrick Garlinger ’09

While some may have a greater facility for language than others, there is nothing natural about good writing. It comes from practice—and from rewriting.

Advice on writing is easily dispensed but difficult to follow. This is largely because writing requires enormous discipline. The following are six basic principles that provide a structure for the writing process. They are not specific to academic writing or to legal writing in particular but may be especially helpful in a law school environment where time to write is a precious commodity. Over the years these guidelines have given me the discipline to start and finish, among other academic texts, a student Note.

Writing is like a muscle: Exercise it regularly.

For most students, the Note is the first experience with publishable academic writing. In college, all-nighters might produce passable term papers, but that approach certainly won’t do here. Nor will exam writing really prepare you for legal academic writing. Instead, good academic writing requires regular practice. Law school does little to assist here, since all too often the periods for working on one’s Note are isolated and scattered due to the time constraints imposed by classes, journal work, clinics, and extra-curricular activities. You may pursue a Directed Research as a way to carve out a block of time dedicated to the note or, alternately, write your note to fulfill the writing requirement of a seminar. Winter break is also a great time to make substantial progress on a first draft. Either way, you should try to work steadily on the Note so as to avoid losing momentum and focus.

Good writing does not come naturally: Read good writers.

While some may have a greater facility for language than others, there is nothing natural about good writing. It comes from practice—and from rewriting. To practice without models of good writing is, however, pointless. You must read other legal writers carefully, for both their analysis and their style. As a starting point, find a few sources that inspire your intellectual juices and, over time, keep adding to the list. Read and analyze how those writers introduce their topic and communicate their thesis. Look carefully at the architecture of their argument, their lexicon and sentence structure. In short, read them as both legal scholars and writers. Emulate (but do not copy, of course). Additionally, you may benefit from style guides that provide specific guidelines for legal writing (e.g., Bryan Garner’s Legal Writing in Plain English ). Avoid legalese. A student note should not read like a law school exam or a brief.

Know your thesis: Say it in a single sentence.

One of the most difficult tasks facing a student writer is finding a topic and narrowing the thesis. The student Note is rather short—and because you need to provide background information for your generalist readers, there is little room for sweeping analysis. As such, you should target a very discrete issue. Yet, in my experience, articulating, not finding, the topic is the most difficult task facing a student writer.

You should be able to state your thesis in one or two sentences at most. Anything longer suggests that the topic too unwieldy for a student note or, more probably, that the writer still has not fully understood the nature of the project. Pith not protraction should be your goal. If you can state your thesis in a single sentence, that clarity and concision will guide you throughout the rest of the writing process, helping to avoid unfortunate meanderings or excess material that is not essential to the argument. Simply put, if you cannot summarize your note in one or two sentences, you don’t have a thesis.

Know your writing mode: Respect your rhythm.

Everyone has a writing mode—when you are most inclined to write and how you go about composing. Some of us are “whittlers.” We write and write and write. Later, we will edit and “whittle” away the excess. We refine our ideas in the process of writing, often repeating the same thoughts in multiple guises until we hit on just the right formulation. Others are “refiners” who write just a few sentences or a paragraph and then revise and polish it to perfection before moving on. Similarly, you may have a natural rhythm when it comes to the time of day when your writing seems to flow most easily. A friend of mine prefers to write in the mornings before she has any tea or coffee, using what I call the “carrot” method of motivation.

Respect your writing style; recognizing how you work is important to maximizing it. It may prove futile to try to write against your natural rhythm. If I try to refine as I write, or if I write in the middle of the afternoon, I find myself producing very little.

Everyone suffers from writer’s block: Switch gears or put it down and rest.

Even when you know your writing mode, writing can be a difficult process; your energy comes in fits and spurts, your love for your topic waxes and wanes. When you hit a road block, change it up. Sometimes very simple changes can give you a boost. When I find myself struggling, I switch fonts, or change the spacing from single to double. Often the effect is just to defamiliarize the text, so you see it differently. If writer’s block still persists and the words elude you, take a break. Sometimes a day or two can make a difference in how the argument reads to you—the logical leaps, grammatical errors or infelicitous word choices will leap off the page.

There is a danger, though, in always caving at the first resistance to writing. Writing is hard work. It requires endurance and persistence. Force yourself to try to write for at least 10-15 minutes. A mentor was fond of saying, “Screw your a-- to the chair and don’t get up.” Like exercise, sometimes the thought of writing is more painful than the actual practice, and once you start, you find it comes more easily than anticipated.

Never fall in love with your own writing: Edit with a vengeance.

This piece of advice is owed to a former mentor who repeated it as a mantra. Whether you are a whittler, a refiner, or somewhere in between, we often fall in love with our own prose, unable to let go of a snappy sentence or an ingenious turn of phrase. Editing is the key to good writing, however, and you cannot be afraid to leave material on the cutting room floor.

Place yourself in the reader’s position and ask yourself if the sentence/paragraph/section is really essential. Because we often think we know what our words mean, we fail to realize that our readers may not find our thoughts to be so crystalline. Defamiliarize your own writing by putting the text away or it may be helpful to print out and proofread in hard copy; words will look different on the page than on the computer screen. Finally, avoid the fetish of the footnote as the last refuge for material that should be cut. It is cliché but true that less is often more.

Additional Resources

• Writing Workshop Video : A September 2008 presentation by Vice Dean Barry Friedman, Professor Florencia Marotta-Wurgler, Patrick Garlinger, ’09, and Ilana Harmati, ’10, on student legal writing.
• Eugene Volokh, Academic Legal Writing: Law Review Articles, Student Notes, and Seminar Papers (2003)
• The Bluebook : the guide to legal citation to use in writing and editing legal scholarship.

© 2024 New York University School of Law. 40 Washington Sq. South, New York, NY 10012.   Tel. (212) 998-6100

Verify originality of an essay

Get ideas for your paper

Find top study documents

How to Write a Good Law Essay?

Updated 15 Apr 2024

Table of contents

How to start a legal essay

• Law essay structure

What makes a good legal essay introduction?

Body paragraph, overall guidelines for legal writing, different types of law essays.

There are different types of academic assignments, and each needs a proper understanding of the requirements. Wondering what is law essay, start with defining legal theories, legal reforms, or legal history. Theories expect the writer to say why the law takes such a form and make an argument of the merits and demerits. Legal reforms may either require an evaluation of recent reforms or whether a certain law should be reformed, whereas Legal history expects an understanding of the gradual change in a certain area.

The title of your paper is a vital concern as it determines whether a reader will be compelled to read a paper or whether it makes the reader lose interest when reading. A good title should be precise and clear, using the most familiar terminology.

In addition, subheadings are equally useful to clarify arguments in a paper by allowing a reader to signpost commentary and provide the most coherent structure.

Before you even start working on your assignment, double-check if you know how to structure a law essay. Any paper is divided into sections: Introduction, Body, and Conclusion. But that particular type of writing we examining here requires exceptional attention to references, making it one of the most important structural parts. Any law, act, or court case you have looked through when writing has to be cited in accordance with the formatting style your college or university supports.

Ways of Structuring An Essay On Legal Studies

As you brainstorm various legal assignments and learn how to write a law essay introduction, it's essential to think over the best ways of structuring your law essay. In the majority of cases, you will have to follow the basic "introduction, three body paragraphs, and conclusion" research pattern, yet legislation often involves the following structure:

- Introduction part with the background information and the legal reminder about when the law or a case study has taken place. It will help your readers to determine what is being researched and discussed.

- Body paragraphs should focus on strong argumentation regardless of the legal essay format. It means that both administrative and criminal law assignments will have to include a thesis statement with some evidence. It should help to connect things and follow the structure regarding your objectives.

- Counter-arguments paragraph. If there are opposite opinions, make sure to include them as well with the sources and explanations.

- Conclusion. This is where you sum things up and focus on the suggestions for further research.

- References.

- Appendices. This is where the majority of legal papers or court transcripts are usually included. Remember to follow your style formatting rules as you work on your structure.

Save your time! We can take care of your essay

• Proper editing and formatting
• Free revision, title page, and bibliography
• Flexible prices and money-back guarantee

Place order

To come up with a good introduction, you need to put in mind the main objectives it is meant to achieve. These are presenting arguments, providing a context, setting out parameters for the discussion, and providing a brief outline of the structure. The question provides an understanding of an area of law in focus and how it addresses the body. Therefore, it is important to set out the main question a paper is supposed to answer and then explain how you plan to answer it.

A good way how to answer a legal essay question in the introduction would be:

“This essay will refer to the weaknesses of the… Act and analyze effects of the implementation upon…”

The introduction should also provide a roadmap to a user by illustrating the structure used in a paper. A classic example of a law essay is the following:

“The essay will be divided into four main sections. In section I, the essay will provide an in-depth understanding of … Act. In section II, an essay will examine the implementation of the act and in Section III, the essay will critic the amendment instrument and finally indicate the position in the argument in section IV.”

If you are asking how to write a good law essay, the answer would be – to pay most of the attention to the body of it. To examine the context and analysis of the legal concern effectively, it is important to give context and analysis of a legal issue in a body paragraph. This demonstrates that you have a sound understanding of the topic in discussion. A writer should be able to refer to the applicability of law including the Act of parliament in a legislation issue or case when relying on a judgment.

For example, the writer may indicate;

“In reference to section… Act… law clearly indicates that …” Or “In case of … vs. …”

Secondly, you need to present your arguments clearly and persuasively. The best way to do this is by including alternative sides of your argument, which shows that you have considered all aspects of an issue before concluding on that matter.

Two things are crucial in writing a body paragraph. These are topic sentences and transitions.

A topic sentence gives a focus to the paragraph. It is used as a tool to summarize the overall position taken by the author, the paragraph then gives fine details of specific arguments. In addition, the writer may also use the topic sentence to assess whether all content written in that paragraph is relevant to the legal essay.

A good example of a topic sentence that demonstrates context and will help you with a law paper would be:

“In 2011, the … Act was implemented to solve the critical issues of... However, this has been a big argument for its weaknesses including…"

Depending on the title of the paper, some may require including a variety of subjects. There is a need to ensure seamless transitions between the subjects. The best way to do this is through using co-joining words such as ‘in addition to,’ ’moreover,’ ’secondly’, ’similarly’, ’nevertheless.’ etc. To show contrast, you could also use words such as, ’in contrast to, ’however, etc. This provides flow when a reader is going through the essay.

There are various structures used to write a body paragraph, and you need to select the most suitable one for your analysis.

The purpose of a conclusion is to reiterate the main argument and position taken by the student. It is important to ensure that the conclusion answers the question asked in the introduction. Finally, the conclusion should not contain new material and should be relative to what was written in a body.

While there is no universal pattern that shows how to write a first-class law essay , there are legislation standards, accurate grammar, and citing of every idea that is not yours that come first. It will not only help you come up with an excellent essay that will earn you good grades but let you avoid plagiarism and writing issues.

In addition to a proper consideration of the structure, the following should be considered:

• Demonstrate knowledge and command of the subject

Law is a constantly evolving area, which requires the demonstration of a proper understanding of subject matter. Nevertheless, the knowledge is not enough if not demonstrated by an ability to apply the law to derive the legal answers.

• Logical flow and relevance

The legal essay must be developed logically and systematically from issue identification/question to the analysis and authority as well as conclusion.

• Formal and convincing language

A common pitfall in writing an essay by some students is the use of informal language such as, “He made the wrong judgment because...” Instead, a good essay would say, “The argument made is unconvincing for the following reasons...”

• Personal insight and correct referencing of the legal essay

For a literary work to stand out, there is a need for originality, insight, and personal argument by the writer. This demonstrates an independent and intellectual demeanor, which is excellent when backed up by the authority.

Now, you are informed on how to write law essays. A good writer ensures a comprehensive and prolific referencing which challenges and informs on the analysis in the paper. It should be page-specific which directs the reader to the specific part integrated into the essay. The best way to incorporate authority is through integrating cases to develop analysis. Whenever you need any assistance, be it a complete paper or even a part of it, our essay writing company is always here to give you high-quality law essay writer and provide other academic services.

As you start with law essay writing tasks, you will encounter a dozen of various essay types that will range from papers on legal theory to argumentations and court hearings. Still, every type of law writing requires proper analysis and the presence of evidence as you see how a certain law has affected the situation or what acts have been used to achieve something.

- Legal Theory Writing. Here is where you have to explain why some law is the way it is and discuss the pros and cons. There are many types of writing in this area as you will have to focus on comparison and analysis tasks.

- Legal Reform Tasks. A good law essay example here would be the Brexit legislation as the changes that we have seen take place in every field of life. As a Law student, you should explain and estimate these changes. If the reform has taken place because of some event, it may be necessary to provide some background information in your essay’s introduction.

- Legal History. This section may talk about legal questions that are related to historical matters. A law essay example on history would mention issues like the Corporate Lawor the famous Statute of Marlborough that has been passed by the Parliament of . Even though it was during the times of Henry III and took place in 1267, the students still have to explore and explain these laws.

- Court Hearings & Case Study Tasks. As the name implies, these law essays always deal with already existing case studies where you have to review and analyse things. The same relates to court hearings that may be both or come from other countries. These are quite complex and require an extra bit of your attention.

Unlocking the Secrets of Effective Law Essay Writing

Navigating the intricate world of legal writing can often seem daunting, but with the right guidance, it becomes an art form that can be mastered. Essay writing service EduBirdie's article sheds light on the nuances of crafting a compelling law essay, from understanding its diverse types to structuring it meticulously. Whether you're delving into legal theories, reforms, or history, the key lies in presenting your arguments with clarity, precision, and an authoritative voice. Just order essay today, and with a blend of logical flow, formal language, and insightful analysis, you can transform your essay from ordinary to exemplary.

Elevate your legal writing prowess! Dive deep into our guide and become the law essay expert you aspire to be.

Was this helpful?

Thanks for your feedback, related blog posts, mastering the art of first-class law essay writing: a comprehensive guide.

Since you are here, you strive to learn how to write a first-class law essay correctly and earn the best grades! The purpose of our guide is to hel...

How to Write Business Essay Like a Pro

Any writing is stressful for most people because it is a rather laborious task requiring certain skills. The essay takes the most time and effort a...

How to Write a Good Essay on History

History is one of the academic subjects, opening the door to remarkable facts and powerful ideologies that greatly impacted a course of particular ...

Join our 150K of happy users

• Get original papers written according to your instructions
• Save time for what matters most

• IMC Library
• Library Guides

Legal Method, Research and Writing

• Academic Writing in Law
• Legal Research Basics
• Law Database Guides
• Referencing in Law
• Other Research Resources for Law

Email Ettiquette

THE BASIC RULES

• Don't use an unprofessional email address
• Start with a new e-mail
• Include an appropriate subject heading
• Write a salutation
• Write well!  
• Provide context and background information
• Write a clear and concise message
• Sign your name
• Proofread the e-mail
• Allow adequate time for a reply
• Writing Professional Emails More detailed advice about how to write emails to academic staff

Academic Writing and Research in Law

• UTS Guide to Writing in Law A highly recommended helpful and comprehensive guide to writing law papers.
• Monash University Guide to Writing in Law Law writing guide with helpful Q&A's and tips for planning out case argumentation.
• University of Queensland Legal Research Essentials Introduction to Legal Research by The University of Queensland, Australia

Other Help:

• Quoting, Paraphrasing, Summarising The basic differences in how to writes quotes, how to write paraphrases, and how to write summaries of the sources you find.

Basic Rules

Academic and professional legal writing requires you to develop an argument and demonstrate relationships between the ideas you are expressing. 

Therefore, the ability to express yourself clearly and accurately is important.  Here you will find information to help you improve your writing for any purpose in your law degree.

Academic writing in law is:

Academic writing in law does not:   

Steps to Writing a Law Essay

Throughout your law degree, you will be expected to write a range of different texts, including research essays, responses to problem questions, and case notes.

Not matter the type of text you are asked to produce for an assignment, make sure you follow these steps:

• Plan :  read the questions carefully and think about how you will answer it
• Research :  read, read and read! Make use of everything available to you - don't forget the library!
• Make thorough notes : include all important (and relevant) details and quotes and take note of the source. Make sure you organise your notes so as to make the writing task easier
• Write the first draft :  before you start writing your first draft, refer back to your initial plan and make any necessary changes now you have done your research and gathered your notes. 
• Review and edit :  remember to proofread your work!

The IRAC Method

IRAC is an acronym that stands for: Issue, Rule, Application, and Conclusion. It functions as a methodology for legal analysis and is used as a framework for organising your answer to an essay question in law school.

[ Open All | Close All ]

In legal writing, issues are the core of the essay.

This part of the essay should:

• Identify and state the issue
• Name those involved (plaintiff and defendant) and briefly describe their individual issues
• Work out what body of law may govern the resolution of the issue (e.g. Contract Law)

The rule describes which law applies to the issue. The rule should be stated as a general principle, and not a conclusion to the particular case being briefed.

• Outline the legal principles that will be used to address to the issue
• Source legal principles from cases and legislation

The application is the most important and longest part of your answer. It involves applying the Rule to the facts of the issue and demonstrating how those facts do or do not meet the requirements laid down by the rules. Discuss both sides of the case when possible.

• Explain why the plaintiff's claims are or are not justified
• Identify how the law will be used by the plaintiff and defendant to argue their case
• Use relevant cases and legal principles to support your writing
• Do not try to strengthen your argument by leaving out elements or facts that will hurt it

As with all essays, the conclusion is a statement that identifies your answer to the issue.

• Identify what the result of your argument ir, or what it should be
• State who is liable for what and to what extent
• Consider how the plaintiff and defendant could have acted to avoid this legal issue

Useful Links:

• UWA IRAC Guide This guide from the University of Western Australia offers examples of how the IRAC method can be applied to different cases.
• Law School Survival: The IRAC Method A useful site that presents a detailed outline of the IRAC method as well as skeleton outlines.

Law Writing Media

Additional Resource

Featured Resource

Further Support

Related Guides

Proofreading Tool

• Last Updated: Jan 17, 2024 3:38 PM
• URL: https://top-au.libguides.com/legal-method-research-and-writing

Copyright © 2019 Australian National Institute of Management and Commerce (IMC) Registered Higher Education Provider TEQSA PRV12059 | CRICOS 02491D Top Education Group Ltd ACN 098 139 176 trading as Australian National Institute of Management and Commerce (IMC) All content is subject to change.

• Directories

Writing in Law

Like writing in other disciplines, all academic writing in Law courses should be clearly structured, persuasive, and take a position. Despite these similarities, legal writing emphasises accessibility and precision when communicating ideas and interpretation of a case or topic. This is largely due to its practical application in the legal profession.  

Being able to write persuasively and concisely are fundamental skills required of legal practitioners, so developing these communication skills at an early stage is crucial. Even if you do not go into a legal career, these written skills will be useful in other professional areas of employment, such as the public service.

Legal academic writing has its own conventions and standards that will be explored in the following topics. You will find useful strategies you can use to help refine, structure and present your position in some of the most common forms of law assessment

Using HIRAC

Most legal reasoning follows a particular convention: HIRAC. HIRAC provides a statement of the issue or concern (Issue); an explanation of the legal rules that are applicable to the issue (Rule); an application of the rule to a client's facts (Application); and a conclusion that summarises the explanation and application provided (Conclusion). HIRAC is useful as a way of organising and structuring a response to a problem question.

Typically, HIRAC is used to test your ability to analyse facts in a legal case and to apply the law to the facts to see what the possible outcome might be. They also test your ability to identify relevant legal issue(s) and to evaluate competing legal precedents. Whatever the legal problem is, a clear argument or position is required to be taken. This argument should use primary sources (legislation and cases) to persuade its audience and successfully address counterarguments relevant to each legal issue. 

How to structure a HIRAC response?

What follows is a general guide for using HIRAC. HIRAC is generally understood to be a flexible framework which can be used in multiple contexts. As you practice using HIRAC during your degree, it is important to develop a fluid framework that suits you.

It should be noted that HIRAC should not be used too rigidly, but it does provide a useful way to structure a response to a legal question. When you write an assessment using HIRAC, remember that some lecturers will prefer you to follow the method carefully while others won't be as rigid. You will need to clarify your expectations with them.  

Identify the legal issue and summarise it in your heading. This is usually phrased as a short question that encompasses the legal issue.  

Identify the issues that are central to the case. This can be done briefly. Ask yourself what legal question(s) the facts raise. When writing down the issue(s) you should think about questions a judge might be asked to answer. Be aware there might several issues raised. If more than one issue needs to be analysed, the following sections might need to be repeated several times. For example, HIRAC 1, HIRAC 2, HIRAC3, etc, then an overall conclusion.

Identify the law or legal principle relevant to the issue. This should consist of a brief statement of the legal principles to be applied as a way of signposting your analysis in the next section. A citation for each rule should be included. This is done by referring to a primary source of law (legislation or a case). The rule will generally need to be broken down into its component parts and stated accurately to avoid misinterpretation.

Application

Apply the law to the facts. This is the main part of your answer. This is where you match each element of the legal rule(s) you have identified in the previous section with fact. You need to consider arguments on both sides. Are the facts of your case similar to a previous case or can they be distinguished? You need to make an argument here and support that argument by reference to the law. If the law is unclear on a particular set of facts, you are expected to engage in a detailed hypothetical discussion about how the courts are likely to respond to this ambiguous area of the law. Unlike a traditional essay, your main points or conclusions should be stated at the end of each paragraph of your application.

Based on your analysis in the previous section, state a conclusion as to the most likely outcome. This is where you summarise the points of your argument and suggest an answer to the question presented as the heading. You should make a clear statement about what you think is the strongest outcome is likely to be.

Sample HIRACs

Here is a sample of a HIRAC response, focusing on one issue. Note how it addresses the issue concisely. It provides the relevant rule, with references,  and applies that rule to the scenario in question. The conclusion is a concise final sentence. 

Mitomi v Trinity Beach Life-Saving Club Inc.

Duty of care.

Mitomi must establish the Club's personal liability by proving that it owed a duty of care. The defendant will owe a duty when their actions or omissions lead to a reasonably foreseeable risk of inury to a foreseeable plaintiff or class of plaintiffs. [1] Reasonable foreseeability is that which is 'not far-fetched or fanciful'. [2] The vulnerability [3] and special characteristics of the plaintiff [4] are also relevant to duty.

In taking responsibility for the safety of the beach it is reasonably foreseeable that the Club's omission to provide a universally recognisable warning sign led to a risk of injury to a class of plaintiffs of which Mitomi is one. It is foreseeable that a tourist not understanding the sign would swim in the enclosure. Mitomi is a foreseeable plaintiff as tourists frequently visit the area. Mitomi's vulnerability is increased because she cannot read English, the club owes a duty to all foreseeable plaintiffs not just English speaking plaintiffs. Therefore, a duty of care is likely to be found.

[1] Donoghue v Stevenson [1932] AC 562.

[2] Wyong Shire Council v Shirt (1980) 146 CLR 40 at 47 per Mason J.

[3] Sullivan v Moody; Thompson v Connon [2001] HCA 59.

[4] Haley v London Electricity Board [1965] AC 778.

Here is another sample HIRAC addressing the same scenario. Again, note how it concisely and clearly analyses one issue, follows the steps of heading, rule, issue, application and conclusion. 

Mitomi v Trinity Beach Life-Saving Club Inc. ("the Club") 

[1] [1932] AC 562 at 580.

[2] (1993) 177 CLR 423.

[3] Nos CA 40737/93 and CL 1275/91. 

Essay writing in Law

The purpose of a legal essay is to advance or persuade your reader of a particular understanding, interpretation, or application of law. In order to do this, legal essay writing needs to be simple, compelling, and well-constructed. Unlike a paper that utilises HIRAC, a law essay involves detailed analysis and discussion of the law in a more abstract setting. When writing a legal essay, you are required to take up a position in response to a question. But how is this different from essays you write in other disciplines? The following information provides some suggestions about the specifics of writing a legal essay.

What distinguishes a law essay from an essay written in another discipline?

Like essays written in other disciplines, legal essays require a central argument, based on logical reasoning and critical analysis of evidence. They should have a clear structure with a strong introduction and conclusion. As Baron and Corbin (2016, p. 26) note, even though legal writing is perceived to be portrayed as logical, highly structured and formal, composition of law essays is much as the same as any other essay writing.

"The manipulation and use of language are at the heart of the common law legal tradition" (Webley 2013, p. ix).

There several features that, in one way or another, distinguish legal essays from essays written in other disciplines. Probably the most crucial difference is the use and control of language. Law essays should be written clearly, concisely and with precision. For example, a lot of emphasis is placed on the use of simple English. This is because much of the subject matter is complex and needs to be communicated clearly to a specific audience. Words should be chosen carefully and the use of clichés should be avoided. The following table summarises some of the other similarities and differences:

The best way to become familiar with the expectations of a good legal research essay is to read some articles in legal journals, taking note of style, tone and citation.

Is your essay writing clear and concise?

Clarity has been described as the most basic and paramount goal of legal writing (Baron & Corbin 2016, p. 70). Not only must your reader be able to understand the contents of your essay, they must be able to easily identify your position and follow your logic. In other words, you need to ensure that your writing makes its point efficiently and with an appropriate level of detail so as not to waste the time of your reader.

When it comes to the editing stage of your writing process, you should ask yourself the following questions:

• What information does the reader need?
• Is the work organised clearly so that the reader can find the information they need easily, and understand the points made?
• Is the language used clear and appropriate for the audience?

Like an essay written in the humanities or social sciences, it's important to make sure you take a clear position and have a clear thesis statement and signposting in the introduction (macro level). It is also important to make sure that your headings and topic sentences accurately reflects the sequence of the ideas presented in your signposting (micro level). Have you used clear and descriptive headings and subheadings? Are paragraphs and sentences connected smoothly? Do paragraphs build on each other or introduce new topics? Do your topic and concluding sentences reflect such transition?

For more information about essay argument and structure, see our page on essay writing .

Baron and Corbin (ref) recommend the following tips for achieving clarity:

• Use ordinary words and simple sentence structures. Avoid legalese (the use of Latin words; overcomplicated sentences; legal jargon) and keep sentences to no more than 22 words, although this should not be adhered to rigidly.
• Vary sentence structures, vocabulary and sentence length. This creates a more natural flow that helps maintain the reader's interest. Vary sentence length to create a rhythm and interest in your writing.
• Develop your own voice. The aim of good legal writing is to develop an authentic professional voice, one that has character and individuality. This is something that helps to engage the reader. Achieve this by using an active voice.
• Pay attention to tone. Tone, according to Baron and Corbin (p. 74), is the expression of the writer's attitude towards the subject, audience, and self. In legal writing, the tone should be clear, concise, confident and courteous. While legal writing must be sophisticated, it should not be pretentious, and while courteous, should not be overly familiar or informal.
• Presentation matters. Good presentation of your written work can make reading easier and more engaging for your reader. Things to consider include text alignment, use of headings, spacing, and fonts. Information regarding formatting can be found in the AGLC. Make sure you proof read your work, paying attention to matters of style, presentation, and citation.

Making summaries

Summaries are an important tool when studying law because they enable an efficient and effective way of preparing for assessment items and exams. They can be used to help you identify what you know and what you don't know. Creating clear and well-structured summaries saves time and helps you produce neat, tight arguments backed up by relevant cases in your answers. Your examiners will appreciate this.

It is essential for you to put in the effort to produce your own summaries. Don't rely on the summaries prepared by others. These summaries may be useful to you, but will normally only be a useful supplement to your own studies. You have to spend time reflecting and pulling apart what you have been taught and building it up into a framework that you can use to complete your assessments.

Different summaries will work for different people. Find what works best for you!

There is no one way to write a summary. When you are summarising, you are collating information from lecture notes, tutorial notes, cases you have read and the textbook reading you have done. In some courses, you will be provided with reading lists. You can use these lists as a way of organise or planning your summaries. Reading lists are typically based on topics you will cover in lectures and cases relevant to these topics.

You should aim to write you summary twice. The first summary should be like the rough draft of an essay. At this stage you are gathering ideas, listing key concepts and principles, using headings to structure your notes, and potentially useful flowcharts. You should aim to do this at least 6 weeks or so before the exam. This will ensure that you:

• Give yourself plenty of time to revise;
• Know that, if there is an emergency, you will have something prepared;
• Force yourself to consider ideas more than once and refine what you have;
• Begin working on the overall conceptual framework of the subject.

Make sure you practice using your summary before the exam. One of the other good ways of preparing for an exam is to do past exams. You don't need to wait until you have completely finished your summary before trying some practice questions. As you work through the exam questions you may be able to add to your summary.

For information about preparing for exams, see our page on exam preparation .

What makes a good summary?

• A good summary is typed and clearly formatted. Organisation is key. You need to be able to glance at each page in order to find what you are looking for. If each page is well set out you can read to the point instead of around it.
• They use bullet points and avoid using full sentences. This makes finding information in an exam easier. Write in a way that makes sense to you.  
• They contain information to help you locate the original source. Provide full references, including case names and page numbers, where necessary. The additional effort required is well worthwhile since it can be used later.
• They make good use of the abbreviations and key phrases. Abbreviations are excellent shorthand because they save a great deal of time and writing space. Develop your own system and use them consistently when making notes.
• They use visual aids, colour, and highlighting effectively. Flow charts, diagrams and other visual aids, such as tables, can help you understand a concept or case. A summary which makes good use of colour is easier to read and use. Decide what is right for you and use it consistently.

Preparing case notes

A case note is similar to a summary in that both require you to summarise information that will be useful when it comes to completing an assessment or preparing for an exam. The differences between a case note and a summary is the breadth of subject matter covered and the fact that a case note requires taking a position and evaluating the value of a particular case. In terms of breadth, a case note should focus on a single case, while a summary address a wider area of the law, focusing on a collection of issues, cases, and legislation. A case note can be included as part of a summary.  

Case notes are a common method of assessment in law subjects because they are typically short and useful when constructing legal arguments. The purpose of legal case notes is to summarise and synthesise "the pertinent parts" of a legal judgment, including the facts, issue(s), and reasoning that went into court's decision making process (Corbett-Jarvis & Grigg 2017, p. 148). What they require you to do is thoroughly familiarise yourself with a notable court decision or statute and its legal context. This generally means examining the relationship between the decision and the existing case and/or statutory law, discussing important issues, cases, and legislation within that area.

Case notes tend to focus on important changes or interpretations of the law in certain cases. This is what makes them notable in some sense. When writing a case note, you should ask yourself what makes this case significant in the context of your course:

• Does it represent a significant departure from precedent?
• Does it represent a significant area of concern?
• Does it represent a first of its kind?
• Does it represent an abandonment of logical reasoning?
• Does it represent a precedent with long lasting effects?

A case note requires you to take a position (make an argument) and critically analyse the significance of the case in question. As Baron and Corbin (2016, p. 91) write, "[b]y articulating and arranging the information contained in cases... the writer can influence or persuade others to think in a more detailed way about the legal reasoning process". 

How can I structure my case notes?

When writing a case note, the emphasis should be on being as clear and concise as possible. There is no definitive structure for a case note, but the following provides a flexible guideline of the common features. As a general rule, HIRAC should be used to compile and organise case notes.

Introduction

You should begin by briefly introducing the area of law, the legal issue(s), and what was decided. Indicate your line of argument: was this a significant decision? Does the decision create legal precedent, or uphold legal precedent? Explain the significance of the case, which should also indicate the organisation (or signposting) of the case note.

Identify the important, relevant facts of the case and, if appropriate, its background. This section will generally be more descriptive rather than analytical since you are just identifying the parties to the case (e.g. buyer, seller, employer, employee), procedurally significant facts, and the arguments that were put forward on behalf of both parties. Significant conflicting evidence should also be briefly noted. Keep it as short as possible.

In this section, you should provide the reader with an outline of the court's holding (i.e. the court's decision) on each relevant issue, as well as the court's reasoning. What is the legal rule essential to the decision in this case? Were comments made by the judge that are not directly related to the decision in this case, but may be important to issues raised in other cases? Reasoning is the way in which the court applied the rules/legal principles to the particular facts in the case to reach its decision. Indicate whether there was dissenting judgement and what reasons were provided for dissent. In closing this section, relate the selected case to the prior law to illustrate how, if at all, the selected case affects prior law.

This is the most significant section of your case note: this is where you demonstrate your critical analysis and evaluation of the case in your own words. In other words, this is you provide your argument. Start by stating the existing and the major developments both supporting and opposing the decision of the court. Then critically analyse the court's reasoning and decision. The analysis should be presented logically and be signposted accordingly. If appropriate, attempt to predict the impact the case will have on future decisions. Address any ambiguous statements made by the court, and questions the court left unanswered. This section affords you the opportunity to demonstrate legal skill and prowess by dissecting the case and raising important issues involved.

These are useful questions to use when it comes to writing your analysis:

• Was the court's decision appropriate and persuasive? Was the court's decision influenced by policy issue or particular values?
• Does this decision change/conform with existing law? Was the reasoning consistent with previous reasoning in similar cases? Is it likely that the decision will significantly influence existing law?
• Did the court adequately justify its reasoning? Was its interpretation of the law appropriate? Was the reasoning logical/consistent? Did the court consider all/omit some issues and arguments? And, if there was omission, does this weaken the merit of the decision?
• What are the policy implications of the decision? Are there alternative approaches which could lead to more appropriate public policy in this area?

Your conclusion should summarise the main points of your analysis and reiterate the significance of the case. If your finding is that the decision creates legal precedent, or conversely, upholds legal precedent, what does that mean? What are the wider implications of this case? The length of the conclusion depends on the argument being made. If you reach the legal conclusion in a previous section, a brief summary is sufficient.

Reference List

Baron, Paula, and Lillian Corbin. Legal Writing: Academic and Professional Communication . South Melbourne, Vic: Oxford University Press, 2016.

Campbell, Enid, Richard Fox, Melissa de Zwart. Students' Guide to Legal Writing, Law Exams and Self Assessment , 3 rd Ed. Annandale, NSW: Federation Press, 2010.

Corbett-Jarvis, Nichola, and Brendan Grigg. Effective Legal Writing: A Practical Guide , 2 nd Ed. Chatswood, NSW: LexisNexis Butterworths, 2016.

Macken, Claire. Law student survival guide: 9 steps to law study success, 2 nd Ed. Rozelle, NSW: Thomson Reuters (Professional) Australia Limited, 2010.

Webley, Lisa. Legal Writing , 3 rd Ed. London; New York: Routledge, 2013.

Other assessments

Writing a creative piece

Writing a critical review

Writing a policy brief

Writing an abstract

Writing an annotated bibliography

Writing in Psychology

Related links

• ANU Law Student Society
• ANU Library Academic Skills
• +61 2 6125 2972

Purdue Online Writing Lab Purdue OWL® College of Liberal Arts

Welcome to the Purdue Online Writing Lab

Welcome to the Purdue OWL

This page is brought to you by the OWL at Purdue University. When printing this page, you must include the entire legal notice.

Copyright ©1995-2018 by The Writing Lab & The OWL at Purdue and Purdue University. All rights reserved. This material may not be published, reproduced, broadcast, rewritten, or redistributed without permission. Use of this site constitutes acceptance of our terms and conditions of fair use.

The Online Writing Lab at Purdue University houses writing resources and instructional material, and we provide these as a free service of the Writing Lab at Purdue. Students, members of the community, and users worldwide will find information to assist with many writing projects. Teachers and trainers may use this material for in-class and out-of-class instruction.

The Purdue On-Campus Writing Lab and Purdue Online Writing Lab assist clients in their development as writers—no matter what their skill level—with on-campus consultations, online participation, and community engagement. The Purdue Writing Lab serves the Purdue, West Lafayette, campus and coordinates with local literacy initiatives. The Purdue OWL offers global support through online reference materials and services.

A Message From the Assistant Director of Content Development 

The Purdue OWL® is committed to supporting  students, instructors, and writers by offering a wide range of resources that are developed and revised with them in mind. To do this, the OWL team is always exploring possibilties for a better design, allowing accessibility and user experience to guide our process. As the OWL undergoes some changes, we welcome your feedback and suggestions by email at any time.

Please don't hesitate to contact us via our contact page  if you have any questions or comments.

All the best,

Social Media

Facebook twitter.

The University of Chicago The Law School

College essays and diversity in the post-affirmative action era, sonja starr’s latest research adds data, legal analysis to discussion about race in college admissions essays.

Editor’s Note: This story is part of an occasional series on research projects currently in the works at the Law School.

The Supreme Court’s decision in June 2023 to bar the use of affirmative action in college admissions raised many questions. One of the most significant is whether universities should consider applicants’ discussion of race in essays. The Court’s decision in Students for Fair Admissions (SFFA) v. Harvard did not require entirely race-blind admissions. Rather, the Court explicitly stated that admissions offices may weigh what students say about how race affected their lives. Yet the Court also warned that this practice may not be used to circumvent the bar on affirmative action.

Many university leaders made statements after SFFA suggesting that they take this passage seriously, and that it potentially points to a strategy for preserving diversity. But it’s not obvious how lower courts will distinguish between consideration of “race-related experience” and consideration of “race qua race.” Sonja Starr, Julius Kreeger Professor of Law & Criminology at the Law School, was intrigued by the implication of that question, calling the key passage of the Court’s opinion the “essay carveout.”

“Where is the line?” she wrote in a forthcoming article, the first of its kind to discuss this issue in depth in the post- SFFA era. “And what other potential legal pitfalls could universities encounter in evaluating essays about race?”

To inform her paper’s legal analysis, Starr conducted empirical analyses of how universities and students have included race in essays, both before and after the Court’s decision. She concluded that large numbers of applicants wrote about race, and that college essay prompts encouraged them to do so, even before SFFA .

Some thought the essay carveout made no sense. Justice Sonia Sotomayor called it “an attempt to put lipstick on a pig” in her dissent. Starr, however, disagrees. She argues that universities are on sound legal footing relying on the essay carveout, so long as they consider race-related experience in an individualized way. In her article, Starr points out reasons the essay carveout makes sense in the context of the Court’s other arguments. However, she points to the potential for future challenges—on both equal protection and First Amendment grounds—and discusses how colleges can survive them.

What the Empirical Research Showed

After SFFA , media outlets suggested that universities would add questions about race or identity in their admissions essays and that students would increasingly focus on that topic. Starr decided to investigate this speculation. She commissioned a professional survey group to recruit a nationally representative sample of recent college applicants. The firm queried 881 people about their essay content, about half of whom applied in 2022-23, before SFFA , and half of whom submitted in 2023-24.

The survey found that more than 60 percent of students in non-white groups wrote about race in at least some of their essays, as did about half of white applicants. But contrary to what the media suggested, there were no substantial changes between the pre-and post- SFFA application cycles.

Starr also reviewed essay prompts that 65 top schools have used over the last four years. She found that diversity and identity questions—as well as questions about overcoming adversity, which, for example, provide opportunities for students to discuss discrimination that they have faced—are common and have increased in frequency both before and after SFFA.

A Personally Inspired Interest

Although Starr has long written about equal protection issues, until about two years ago, she would have characterized educational admissions as a bit outside her wheelhouse. Her research has mostly focused on the criminal justice system, though race is often at the heart of it. In the past, for example, she has assessed the role of race in sentencing, the constitutionality of algorithmic risk assessment instruments in criminal justice, as well as policies to expand employment options for people with criminal records.

But a legal battle around admissions policies at Fairfax County’s Thomas Jefferson High School for Science and Technology—the high school that Starr attended—caught her attention. Starr followed the case closely and predicted that “litigation may soon be an ever-present threat for race-conscious policymaking” in a 2024 Stanford Law Review article on that and other magnet school cases.

“I got really interested in that case partly because of the personal connection,” she said. “But I ended up writing about it as an academic matter, and that got me entrenched in this world of educational admissions questions and their related implications for other areas of equal protection law.”

Implications in Education and Beyond

Starr’s forthcoming paper argues that the essay carveout provides a way for colleges to maintain diversity and stay on the right side of the Court’s decision.

“I believe there’s quite a bit of space that’s open for colleges to pursue in this area without crossing that line,” she said. “I lay out the arguments that colleges can put forth.”

Nevertheless, Starr expects future litigation targeting the essay carveout.

“I think we could see cases filed as soon as this year when the admissions numbers come out,” she said, pointing out that conservative legal organizations, such as the Pacific Legal Foundation, have warned that they’re going to be keeping a close eye on admissions numbers and looking for ways that schools are circumventing SFFA .

Starr envisions her paper being used as a resource for schools that want to obey the law while also maintaining diversity. “The preservation of diversity is not a red flag that something unconstitutional is happening,” she said. “There are lots of perfectly permissible ways that we can expect diversity to be maintained in this post- affirmative action era.”

Starr’s article, “Admissions Essays after SFFA ,” is slated to be published in Indiana Law Journal in early 2025.