Legal Essay Writing

8/8/2019 Legal Essay Writing

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George ellison 2008

Legal Essay Writing



What is an Essay

An essay is a specific argument which has

a theme, logically expressed from start to

finish. An essay is an exercise in the handling of

relevant ideas, which are clearly

expressed.



The ten steps to success

Prepare

Actively research and read

Review notes

Plan structure

Write first draft

Leave it

Review, revise edit

Proofread

Hand in and celebrate

Review work and progress



The Four Principles of (Academic)

Communication HONESTY

State only that which you can support with factual evidence. Alwaysacknowledge the source of both evidence and ideas.

CLARITY

Be clear and direct in your style. Be direct about your aims and

objectives. Don't use more words than are necessary. REALITY

Explain what needs to be explained, for example, which particulardefinition of patriarchy you are using in your argument, but assumeyour reader has basic knowledge of the world.

RELEVANCE

Consider only that which is relevant to the topic, focus and objectivesof your argument or discussion. Do not include anything that youcannot link to your argument or show its impact on the topicdiscussed. Do not put crucial information in your conclusion that hasnot previously been discussed in the body of your work.



Part two

Research

You will need to discover information by conducting library research. Makefull use

of printed and electronic searching to find relevant sources. Electronic sourcesare

usually available on demand, but printed materials may not be available whenyou

want them especially if a large group is engaged on the same exercise. TheCopyright

Licensing Agency rules displayed besides photocopiers have to be compliedwith, and

the Law School is not always able to provide photocopies of relevant materials.Make

notes about your sources, including an accurate reference complying with therules set

out in this document. You are solely responsible for the accuracy of thesereferences

and for complying with the University's rules about plagiarism.



What does an essay test?

Knowledge of a subject

Understanding of a subject

Your informed views on a subject ±

supported by your research



Action Plan

What

will I

research

Are the

key words

from the

assignment

Why

Are you

researchin

g that topic

Where

Am I

looking,

lecturenotes,

books,

journals

the

internet

When

Set a

manageabl

e timetable and

keep to it

Check

When you

have done

all this



How to approach problem

questions (1) It is important that the answer is well structured, clear

and concise

Think about the appropriate material to use

Reflect on that material Answer the question asked

Remember the formula;

1. Introduction-what is the area of law involved

2. Argument-tell me a balanced perspective of that area

3. Conclusion-tell me why you told me that and why



Problem Question (2)

They are designed to enable you to show your legal

reasoning ability

That means the application of legal rules and principles

to given facts How do I achieve this?

1. Read the question carefully

2. Analyse the facts

3. Determine which legal rules and principles apply to thefacts

4. Case authorities

5. Organise your answer carefully

6. Remember that there is not necessarily a right answer



How to approach an essay

question It is important that the answer is well structured clear and

concise

Think about the appropriate material to use

Reflect on that material Answer the question-key words such as explain, discuss

evaluate should help

Remember the formula-introduction, argument, conclusion

Know where the essay will end and the steps you are goingto take to get you there



What is an essay looking for?

Designed to enable you to demonstrate some of thefollowing abilities:

1. Explore and reflect on the issues, ideas, principles andconcepts that underlie the law applicable to this question

2. Present a clear well-structured argument to the question

3. Express and justify your own views, using relevant illustrative material

4. Identify the strengths and weaknesses of opinion and

arguments of others who have engaged with thequestions subject matter

5. Draw conclusions, where appropriate, from theargument you have put forward



Similarities between the types of

essay¶s The need for your answer to be clear and well structured

The need to argue the point you want to make

The need to justify the conclusion

The need to use relevant illustrative material



Differences between the essay¶s

The opportunity to determine the structure for your

answers ( a problem question will often suggest its own

answer structure)

The opportunity to reflect a more expansive point of law The opportunity to explore and communicate in greater

depth and in more detail your own views and those of

others

The opportunity to be more adventurous, take risks an be

original in what you write



Bring that all together

Analyse the assignment question and ensure

you can elaborate on the key words and

instructional / µsignpost¶ phrases in the question.

What does your tutor want to see demonstratedin this assignment?

Write with your tutor in mind ± they are your

audience!

Are the sources and information you are using

relevant to the question?



So remember

· The first paragraph should be an introduction where you indicate what will follow and how you propose to approach the topic.

· In the middle part of the essay you will consider all main points andarguments. Write in continuous prose. Make sure everything you say isrelevant and answers part of the question. Start a new paragraph for

each main idea. Use short, clear sentences in preference to long,rambling ones. Try to support each main idea with examples, relevant facts or legal authorities, making clear where it was that information orquotations you use came from.

The last part of the essay will be a conclusion where you sum up themain points and state your opinions if relevant. You may alsorecommend proposals for reform of the law.

· Make sure that you keep referring to any quotations in the questiontitle.



Common mistakes

Below are two fairly typical criticisms of poor academicessay writing:³A disturbing number of students insist on producinggeneral µwrite all you know about ¶ answers, usually after

latching on to a key word or phrase « and are penalisedfor the resulting irrelevance.´

³The main finding in answering this particular question isclearly a common problem: the inability to answer thequestion set.´

The above comments are caused by students notdefining and understanding the essay question. It is vitalto spend some time determining exactly what thequestion is asking you.



How should I set out my work

NO subheadings, bullet points, numbers, lists,artwork/diagrams (unless specifically permitted).

USE Times New Roman

USE a minimum 12 font

USE 1.5 spacing

USE only ONE side of a page

NUMBER each page

PUT your name at the top of each page

PROVIDE the question on the first page

Weighting 5% introduction/80%middle/15% conclusion



Citing legal authority

EVERY piece of material/information used in your coursework must be correctly spelt and fully andaccurately cited, acknowledged and footnoted.

Footnotes are, as Peter Clinch (in Using a Law

Library¶,(London: Blackstone, 1992), p. 209, States that

to cite the authority for the statement made in the text;

to make cross-references to related information or publications;

to make incidental comments on the text; to make acknowledgements.

FOOTNOTES ARE NOT a means of avoiding the wordlimit



Case Citation

All case names to be in italics, with

names and date in text;

full case citations in numbered footnotes ± footnotingNOT end notes;

MUST use correct, i.e. law report citation ± NOT medianeutral citation (unless case not yet reported);

if quoting from a judgment, citation plus judge plus pagereference;

must give CASE citation, NOT secondary source, eg text

book, Westlaw, Lexis etc, (or, but not highlyrecommended, full case citation, then µas quoted/cited in«¶ (full reference of book etc, including any footnote));

when quoting, µit was decided/held that¶, NOT µsaid¶.Similarly, µas Denning LJ stated/explained/commented¶,NOT µsaid¶.



Reference to Books

In footnotes, the complete reference is needed the first

time a work is cited:

K. Gray, Elements of Land Law , 2nd edition, (London:

Butterworths, 1993), p 46. The second time the work is cited use:

Gray, Elements, p. 44



ACADEMIC IMPROPRIETY

Academic Impropriety is µdeemed to

cover cheating, attempts to cheat,

plagiarism, collusion and any other

attempts to gain an unfair advantage in

assessments. Assessment includes all

for ms of written work, pr esentations,

demonstrations, viva voces,accr editation of prior learning

portfolios and all for ms of examination¶



Plagiarism

³the r epr esentation of work, written or otherwise, of any other per son, from any source whatsoever, as the candidate¶s own. Examples of plagiarism may be as follows: the verbatim copying of another¶s work

without clear identification and acknowledgment;the close paraphrasing of another¶s work by simplychanging a f ew words or altering the order of pr esentation, without clear identification andacknowledgement; unidentified and

unacknowledged quotation of phrases from another¶s work; the deliberate and detailedpr esentation of another¶s concept as one¶s own.´



Collusion

³the conscious collaboration, without officialapproval, between two or mor e students inthe pr eparation and production of work

which is ultimately submitted by each in anidentical or substantially similar for m and/or is r epr esented by each to be the product of his or her individual efforts. Collusion alsooccur s wher e ther e is unauthorised co-

operation between a student and another per son in the pr eparation of work which is pr esented as the student¶s own.´

Legal Essay Writing

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