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Avoid using outdated laws and obscure blog posts as sources of information.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

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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

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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 241,512 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

Step 1 Carefully read the assignment prompt.

  • 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.

Step 2 Read any required materials.

  • 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.

Step 4 Choose an essay topic of interest to you.

  • 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

Step 1 Identify what types of sources you are required to use.

  • 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.

Step 2 Begin with tertiary sources.

  • 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.

Step 3 Speak to a librarian.

  • 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.

Step 5 Gather sources and read them.

  • 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.

Step 7 Look for arguments on both sides of an issue.

Drafting the Essay

Step 1 Write your thesis statement.

  • 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.

Step 4 Develop your arguments.

  • 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.

Step 5 Outline counter-arguments.

Formatting Your Essay

Step 1 Review your essay prompt.

Proofreading the Essay

Step 1 Read the essay backwards.

  • 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.

Step 3 Search for common typographical errors.

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

Revising the Essay

Step 1 Share the essay with a classmate.

  • 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.

Step 2 Incorporate your professor’s comments.

Expert Q&A

You might also like.

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  • ↑ 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

Clinton M. Sandvick, JD, PhD

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

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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!

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How to Write a Law Essay: A Comprehensive Guide with Examples

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how to write an law essay

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Let's put it this way: if you are studying law, you will agree that writing a law essay is no easy feat. Whether you’re dealing with case law, statutes, or legal principles, structuring your essay correctly and presenting your arguments effectively are key to achieving a high grade. This guide will walk you through the essentials of writing a law essay, including structure, introduction examples, and practical tips to help you produce a first-class essay.

A Law Essay Structure

What is the basic structure of a law essay? A well-structured essay not only presents your arguments clearly but also demonstrates your grasp of legal concepts. Here’s a typical structure for a law essay:

Introduction

Overview : Briefly introduce the topic and outline the key issues. Thesis Statement : Clearly state your main argument or position. Purpose : Indicate how the essay will address the issues and what the reader can expect.

Issue Identification : Clearly identify and explain the legal issues or questions. Legal Analysis : Discuss relevant case law, statutes, and legal principles. Argument Development : Develop your arguments logically, providing evidence and analysis to support your points. Counterarguments : Consider and address potential counterarguments or alternative viewpoints.

Summary : Recap the main points and arguments. Reinforcement : Restate your thesis in light of the evidence presented. Final Thoughts : Offer any final reflections or implications of your analysis.

Crafting an Effective Introduction

The introduction of a law essay sets the tone for the rest of your work. A strong introduction should provide a clear overview of the topic and establish the context for your argument. Here’s how you can structure it:

  • Hook : Start with an engaging statement or question related to the topic. This could be a relevant quote, a brief anecdote, or a provocative question.
  • Context : Provide background information to help the reader understand the relevance of the topic.
  • Thesis Statement : Clearly outline your main argument or position. This should guide the direction of your essay.
  • Roadmap : Briefly outline how you will address the issues and structure your argument.

Example of a Law Essay Introduction:

“The principle of judicial review is a cornerstone of the British legal system, ensuring that all public authorities act within their legal boundaries. This essay explores the scope and limits of judicial review, focusing on recent judicial decisions that have reshaped its application. By analysing key case law and statutory developments, this essay will argue that while judicial review remains a vital check on executive power, recent trends indicate a shift towards more restrained judicial intervention. The discussion will be organised into three main sections: an examination of the historical development of judicial review, an analysis of contemporary judicial approaches, and an evaluation of the implications for future judicial oversight.”

Writing the Body of the Essay

The body of your law essay is where you provide detailed analysis and develop your arguments. Follow these steps to ensure clarity and depth in your writing:

  • Identify the Issues : Clearly define the legal issues or questions at hand. This section should set the foundation for your analysis.
  • Provide Legal Analysis : Discuss relevant case law, statutes, and legal principles. Be sure to provide brief summaries of relevant cases, discuss any statutes or legislative provisions relevant to the topic and explain any key legal principles or doctrines that apply to the issues.
  • Develop Your Arguments : Present your arguments logically, using evidence and analysis to support your points. Ensure that each paragraph transitions smoothly to the next, maintaining a clear and coherent flow.
  • Address Counterarguments : Consider potential counterarguments or alternative viewpoints. Address these within your essay to demonstrate a comprehensive understanding of the topic.

Example of Argument Development

“In the landmark case of R (on the application of Miller) v. Secretary of State for Exiting the European Union (2017), the UK Supreme Court reaffirmed the principle that significant constitutional changes require parliamentary approval. The court’s decision highlighted the importance of maintaining parliamentary sovereignty in the face of executive decisions. However, recent judicial trends suggest a cautious approach towards intervening in political matters, reflecting a broader shift towards judicial restraint. This shift raises questions about the future scope of judicial review and its role in holding the executive accountable.”

Crafting a Strong Conclusion

Your conclusion should summarise the key points discussed and reinforce your thesis. Avoid introducing new information; instead, focus on synthesising your arguments and providing a final perspective. Keep in mind the following:

  • Summarise Main Points : Briefly recap the key issues and arguments presented in the body.
  • Restate Thesis : Reaffirm your thesis statement, demonstrating how it has been supported by your analysis.
  • Final Thoughts : Offer any concluding reflections or implications. This could include suggestions for further research or practical implications of your findings.

Example of a Law Essay Conclusion:

“In conclusion, while the principle of judicial review continues to serve as a crucial mechanism for ensuring accountability, recent developments indicate a more nuanced approach by the judiciary. The balance between maintaining judicial oversight and respecting the limits of judicial intervention is delicate. As demonstrated through recent case law and statutory changes, the evolving nature of judicial review reflects broader shifts in constitutional theory and practice. Future developments will likely continue to shape the scope and application of judicial review, underscoring the need for ongoing scholarly and judicial attention.”

Final Tips for Writing a Law Essay

  • Use clear and precise language to convey your arguments. Avoid jargon and overly complex sentences.
  • Ensure all claims and arguments are well-supported by legal evidence and analysis.
  • Always edit and proofread your essay for clarity, coherence, and correctness. Ensure that your writing adheres to legal academic standards.

Read some complete law essay examples here.

Final Remarks

Writing a law essay involves understanding the structure, crafting an effective introduction, developing your arguments, and presenting a clear conclusion. By following the guidelines and examples provided, you can create a well-organised and compelling essay. Remember, the quality of your analysis and the clarity of your arguments are key to achieving a first-class result.

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  • 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.

How to Write a Law Essay?

Madhuri Thakur

How to Write a Lay Essay? – Introduction

Legal essays are a unique form of academic writing that requires a nuanced understanding of the law, critical thinking skills, and the ability to communicate complex ideas effectively. Whether you are a law student or someone delving into legal topics for the first time, mastering the art of crafting compelling legal essays is essential. In this guide, we will help you navigate the world of legal writing and produce essays that reflect a deep understanding of essential laws. Partnering with a law firm can offer expert guidance and practical examples to enrich your essays and deepen your legal knowledge.

How to Write a Law Essay

Tips on How to Write a Law Essay

A law essay requires legal analysis, critical thinking, and effective communication. Here are some tips to help you on how to write a law essay successfully:

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1. Understand the Assignment

Before diving into the writing process, it’s important to fully grasp the assignment’s requirements, similar to the procedure undertaken by the experts at Trust My Paper when they take up academic paper writing work. Take the time to read the prompt carefully. Pay attention to specific instructions, formatting guidelines, and any suggested resources. Identify the primary legal issues or concepts. Understand the assignment and ensure that your response meets the assignment’s expectations.

2. Thorough Research is Fundamental

Legal essays demand a solid foundation of legal knowledge, and this begins with comprehensive research. Utilize reputable legal databases, academic journals, and authoritative sources to gather information on the relevant laws and precedents. Ensure that your research is up-to-date, considering recent cases, amendments, or legal developments that may impact your analysis.

3. Structure and Organize Your Content

A well-organized essay is important to convey your arguments persuasively. Begin with a clear introduction that outlines your essay’s purpose and provides a roadmap for your readers. The body of your essay should be logically structured, with each paragraph dedicated to a specific argument or aspect of the law. Use clear headings and subheadings to guide your reader through your analysis. Finally, summarize your main points and a restatement of your thesis.

4. Use Clarity and Precision in Language

Clarity and precision in language are essential when writing a law essay to ensure that your arguments are easily understood and your analysis is effective. Clearly define any legal terms or concepts that might be unfamiliar to your readers. Maintain a formal tone throughout your essay. Avoid unnecessary jargon or overly complex language. Concisely express your ideas. Each sentence should contribute directly to the clarity of your argument.

5. Citation and Referencing is Important

Accurate citation is a cornerstone of legal writing. Familiarize yourself with the citation style specified in the assignment prompt (e.g., Bluebook, APA, MLA) and adhere to it consistently. Ensure that all legal authorities, statutes, cases, and secondary sources are cited appropriately. Proper referencing adds credibility to your essay and helps readers verify your legal analysis’s accuracy.

6. Practice Critical Analysis and Argumentation

Legal essays require more than mere description; they demand critical analysis and persuasive argumentation. Engage with legal authorities and precedents, offering insightful commentary on their relevance to your thesis. Clearly articulate your position on the legal issues, supporting your arguments with a well-reasoned interpretation of the law.

7. Consider Counterarguments

Acknowledging and addressing counterarguments strengthens your essay. Anticipate potential opposing viewpoints and demonstrate a subtle understanding of alternative interpretations of the law. Engaging with counterarguments showcases your analytical skills and adds depth to your overall argument.

8. Proofreading and Editing is Must

Proofreading and editing are crucial steps in writing a law essay. Before submitting your essay, ensure that your work effectively communicates your ideas.

  • Dedicate time to proofread and edit thoroughly.
  • Check for grammatical errors, typos, and inconsistencies in formatting.
  • Ensure your writing flows logically, with each paragraph building upon the last.
  • Consider seeking feedback from peers or instructors to gain additional perspectives on your work.

9. Stay Informed About Legal Developments

The law is dynamic, with changes and interpretations evolving. Stay informed about recent legal developments related to your essay topic or law school personal statement. Incorporating up-to-date information demonstrates your commitment to staying current in the field and enhances the relevance of your analysis.

10. Incorporate Real-World Examples

To enrich your legal essay, consider incorporating real-world examples that illustrate the practical application of the laws under discussion. Drawing from relevant case studies or notable legal cases not only reinforces your arguments but also provides context for the theoretical aspects of the law. Demonstrating an understanding of how laws manifest in actual scenarios enhances the depth and applicability of your essay.

11. Analyze Legal Ethics and Implications

When writing a law essay, analyzing legal ethics and their implications is important, particularly if your essay is focused on a legal or ethical issue.

  • You need to define the legal ethics issue you are addressing clearly.
  • Research and identify the applicable ethical rules and standards related to the issue.
  • Consult professional codes of conduct, legal ethics guidelines, or case law that has established ethical norms.
  • Examine relevant legal precedents that have addressed similar ethical issues. Analyze how these cases have shaped or clarified ethical standards in the legal profession.
  • Emphasize the importance of ethical considerations to maintain the integrity of the legal profession.

12. Engage with Legal Commentary and Scholarship

Extend your research beyond primary legal sources and explore legal commentary and scholarship. Engaging with academic articles, books, and critiques related to your chosen topic adds depth to your analysis. By citing legal scholars and experts, you demonstrate that a broader discourse within the legal community informs your understanding of the law.

13. Utilize Analogies for Clarity

Legal concepts can sometimes be complex and abstract. To enhance clarity, consider incorporating analogies that make legal principles more accessible to your readers. Analogies can bridge the gap between legal terminology and everyday understanding, facilitating a clearer comprehension of intricate legal concepts. However, exercise caution in choosing analogies that accurately represent the legal nuances without oversimplifying them.

14. Seek Feedback from Legal Experts

Seek feedback from legal professionals or educators who can provide valuable feedback on what’s good and what needs improvement in your essay.  Their expertise can offer a practical perspective on the real-world applicability of your legal analysis. Constructive feedback from legal experts can help refine your arguments and ensure the accuracy and relevance of your essay within a legal context.

15. Emphasize Precedent and Legal Authority

Highlight the significance of legal precedent and authoritative sources in your essay. Identify key cases, statutes, or legal doctrines that form the basis of your arguments. Emphasizing precedent strengthens your legal analysis and demonstrates a respect for established legal principles. This approach lends credibility to your essay and positions your arguments within the broader legal framework.

Final Thoughts

Writing essays on essential laws requires a combination of legal knowledge, analytical abilities, and effective communication skills. By understanding the assignment, conducting thorough research, organizing your thoughts logically, and engaging in critical analysis, you can craft compelling legal essays that showcase your expertise. Remember to communicate, cite your sources accurately, and stay informed about ongoing legal developments. As you embark on your journey into legal writing, let these insights on how to write a law essay serve as a guide, empowering you to navigate the complexities of legal analysis with confidence and proficiency.

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MIT study explains why laws are written in an incomprehensible style

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Legal documents are notoriously difficult to understand, even for lawyers. This raises the question: Why are these documents written in a style that makes them so impenetrable?

MIT cognitive scientists believe they have uncovered the answer to that question. Just as “magic spells” use special rhymes and archaic terms to signal their power, the convoluted language of legalese acts to convey a sense of authority, they conclude.

In a study appearing this week in the journal of the Proceedings of the National Academy of Sciences , the researchers found that even non-lawyers use this type of language when asked to write laws.

“People seem to understand that there’s an implicit rule that this is how laws should sound, and they write them that way,” says Edward Gibson, an MIT professor of brain and cognitive sciences and the senior author of the study.

Eric Martinez PhD ’24 is the lead author of the study. Francis Mollica, a lecturer at the University of Melbourne, is also an author of the paper .

Casting a legal spell

Gibson’s research group has been studying the unique characteristics of legalese since 2020, when Martinez came to MIT after earning a law degree from Harvard Law School. In a 2022 study , Gibson, Martinez, and Mollica analyzed legal contracts totaling about 3.5 million words, comparing them with other types of writing, including movie scripts, newspaper articles, and academic papers.

That analysis revealed that legal documents frequently have long definitions inserted in the middle of sentences — a feature known as “center-embedding.” Linguists have previously found that this kind of structure can make text much more difficult to understand.

“Legalese somehow has developed this tendency to put structures inside other structures, in a way which is not typical of human languages,” Gibson says.

In a follow-up study published in 2023, the researchers found that legalese also makes documents more difficult for lawyers to understand. Lawyers tended to prefer plain English versions of documents, and they rated those versions to be just as enforceable as traditional legal documents.

“Lawyers also find legalese to be unwieldy and complicated,” Gibson says. “Lawyers don’t like it, laypeople don’t like it, so the point of this current paper was to try and figure out why they write documents this way.”

The researchers had a couple of hypotheses for why legalese is so prevalent. One was the “copy and edit hypothesis,” which suggests that legal documents begin with a simple premise, and then additional information and definitions are inserted into already existing sentences, creating complex center-embedded clauses.

“We thought it was plausible that what happens is you start with an initial draft that’s simple, and then later you think of all these other conditions that you want to include. And the idea is that once you’ve started, it’s much easier to center-embed that into the existing provision,” says Martinez, who is now a fellow and instructor at the University of Chicago Law School.

However, the findings ended up pointing toward a different hypothesis, the so-called “magic spell hypothesis.” Just as magic spells are written with a distinctive style that sets them apart from everyday language, the convoluted style of legal language appears to signal a special kind of authority, the researchers say.

“In English culture, if you want to write something that’s a magic spell, people know that the way to do that is you put a lot of old-fashioned rhymes in there. We think maybe center-embedding is signaling legalese in the same way,” Gibson says.

In this study, the researchers asked about 200 non-lawyers (native speakers of English living in the United States, who were recruited through a crowdsourcing site called Prolific), to write two types of texts. In the first task, people were told to write laws prohibiting crimes such as drunk driving, burglary, arson, and drug trafficking. In the second task, they were asked to write stories about those crimes.

To test the copy and edit hypothesis, half of the participants were asked to add additional information after they wrote their initial law or story. The researchers found that all of the subjects wrote laws with center-embedded clauses, regardless of whether they wrote the law all at once or were told to write a draft and then add to it later. And, when they wrote stories related to those laws, they wrote in much plainer English, regardless of whether they had to add information later.

“When writing laws, they did a lot of center-embedding regardless of whether or not they had to edit it or write it from scratch. And in that narrative text, they did not use center-embedding in either case,” Martinez says.

In another set of experiments, about 80 participants were asked to write laws, as well as descriptions that would explain those laws to visitors from another country. In these experiments, participants again used center-embedding for their laws, but not for the descriptions of those laws.

The origins of legalese

Gibson’s lab is now investigating the origins of center-embedding in legal documents. Early American laws were based on British law, so the researchers plan to analyze British laws to see if they feature the same kind of grammatical construction. And going back much farther, they plan to analyze whether center-embedding is found in the Hammurabi Code, the earliest known set of laws, which dates to around 1750 BC.

“There may be just a stylistic way of writing from back then, and if it was seen as successful, people would use that style in other languages,” Gibson says. “I would guess that it’s an accidental property of how the laws were written the first time, but we don’t know that yet.”

The researchers hope that their work, which has identified specific aspects of legal language that make it more difficult to understand, will motivate lawmakers to try to make laws more comprehensible. Efforts to write legal documents in plainer language date to at least the 1970s, when President Richard Nixon declared that federal regulations should be written in “layman’s terms.” However, legal language has changed very little since that time.

“We have learned only very recently what it is that makes legal language so complicated, and therefore I am optimistic about being able to change it,” Gibson says. 

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IMAGES

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