How to start your law essay

Assignments take the form of writing essays and typically demand the student (“you”) to demonstrate that you have engaged yourself in the course of study and done some independent thinking. Topics that are not covered in depth during lecturers usually can come up as assignments. Fortunately, if you have put in the effort to master the material, you have almost certainly created your own theories and interpretations surrounding it. When writing essays and law assignments, keep the following guide in mind:

• Take care not to stray. "Discussion" and "analysis," especially in the research stage, might take you from one intriguing subject to another, then another, and so on, and so forth. You can end up getting yourself getting lost in a maze of tangents. To avoid this, take breaks while writing your essay and reread your work so far, as well as the assignment question. The focus of your essay should become apparent as time goes on.

• Examine the task in light of past and prospective assignments you have been set. Consider what is novel about the task you intend to complete. What is the question asking? – make a plan to break down the elements. University lecturers and law tutors frequently construct projects and assignments with a high level of complexity in mind. They know full well that these are not simple questions or discussions. This is a good thing: complexity and depth lends weight to your arguments, which means exploring this complexity is what gets you higher marks. Knowing where a task belongs in the bigger picture of your law course might help you focus on the particular task at hand.

Understanding certain important terms typically used for law assignment questions, which may also help you get started on your essay with a clearer goal in mind. To that end, consider two possible types of essay questions you could come across:

Question: The Human Rights Act is not fit for purpose and has been a complete failure; it needs to be replaced by an entrenched British Bill of Rights. Discuss.

The term "discuss" is easily misunderstood since it connotes a conversational aspect of communication. The word "discuss" connotes informal, undirected conversation. However, we are not talking about having a chat over a cup of coffee here. In an assignment, discussion means constructing an argument that evaluates and reacts to a wide range of texts and authorities. In assignment jargon, "discuss" implies you make a comprehensive argument regarding a group of points you have researched, and then coming to a conclusion taking into account the arguments you have presented. What does the evidence overwhelmingly show? In the above example about the Human Rights Act, you can go about this by:

• The purported purpose of the Human Rights Act 1998, and the ways it can be seen to have failed, for example in the tension with Parliamentary legislative Supremacy.

• Examining the provisions of the Act that relate to this tension, for example sections 2, 3, and 4, which amplify Strasbourg Jurisprudence in domestic law even where this may pose difficulties for English common law and legislation.

• Analysing the implications of these provisions, especially in relation to case law, where appropriate. This could include an analysis of where some provisions have been shown to be more contentious than others, and how they each relate to the key tension with sovereignty.

• Evaluating different academic viewpoints about the Human Rights Act, and pitting them both against each other as well as (primarily) your own central argument. For example in the case of Thoburn v Sunderland CC, Laws LJ said that “common law had modified the traditional concept of parliamentary sovereignty” and now there was a hierarchy of Acts or Parliament, where some Act had constitutional significance and cannot be impliedly replied.

• Theorising how a British Bill of Rights may or may not circumvent issues of sovereignty, and how an entrenchment of rights may in fact cause more difficulties for legislation and the courts. For example such rights become fundamental and entrenched in the sense they cannot be changed or removed except by Amendment to the constitution itself.

A weak response to the statement open to discussion would be more descriptive than analytical. It may list off the relevant powers of the Human Rights Act – Considering Strasbourg rulings, reading into statutes insofar as giving the ECHR effect in domestic law, declarations of incompatibility – and offer a very basic commentary on how these may or may not have failed its purpose to incorporate rights into English law. This kind of essay would offer no nuance or original viewpoints, but would simply repurpose the statement in the assignment question ad nauseum for each point, with no real in-depth analysis.

Your lecture and tutorial notes/slides are a great starting point, and cases and academic commentary from these can and should be included and cited where relevant, but keep in mind every other student in your class is doing this too. Your course tutor is expecting you to read beyond the listed readings for each subject, so simply sticking to your Moodle readings will not cut it if you want those top marks and first class 80% average.

In a strong response to the question, not only will it contain in-depth analysis of the relevant source material (be it cases, legislation, academic articles; the big three of legal analysis basically), but it will have a clear guiding thread; a central issue which invites an academic back-and-forth where interpretations of cases, as well as different court rulings, and relevant legislation will be compared in light of the discussion question. A first class essay keeps description brief (only where context is needed to direct the reader to the relevant points), and uses descriptive points and quotes as a launch pad for discussion. A first class essay may even reference fresh, new or unexpected recent case law and publications from 2022 that were not mentioned or mentioned only briefly in a lecture from, perhaps using this as a means to deepen the discussion beyond the class syllabus and reading list in constructive and innovative ways.

Question: Compare and contrast the justifications for the common law’s recognition of rights of common, customary rights and aboriginal native rights.

This question is notably different, as it has a more apparent focus. “compare and contrast” immediately draws your attention to (usually) two spheres of discussion; in this case, the common law’s recognition of common, customary and aboriginal native rights. More than just pointing out the differences, this type of question requires you analyse and explore in detail the implications of the distinctive features that are relevant. It is a given that there will be case law where this contrast has generated controversy, so these are often a good starting point, from where the rest of your analysis will follow.

1. Because of the nature of the title of the essay, there will have to be a little more description of the relevant law from the start, compared to the “discuss” essay looked at earlier. This is to demonstrate that you understand the relevant principles being assessed.

2. So firstly, you need to divide the start of the essay into parts: Examining rights of common, customary rights, and aboriginal rights. It would be a good idea to split these into three sections.

3. Under rights of common: held by individuals over determined land, capable of severance and transferrable to a third party (you would then use case and legislation, where relevant, to give examples an explain the point further, for example Bettison v Langton [2001] UKHL 24; [2001] 3 All ER 417 (where a right to pasturage was severable at common law from the dominant tenement).

4. Customary rights: You would compare this to rights of common, as customary rights are not transferable or held by an individual, but are held by a fluctuating body of individuals to their benefit. The right to exercise rights of this land can only be obtained by being a member of this fluctuating body of individuals, rather than severance or transfer. Abandonment also does not extinguish this right (New Windsor Corporation v Mellor [1975] Ch 380).

5. Aboriginal Native title: This one would ideally be the root of discussion here, as it is the most contentious of the three we are asked to compare and contrast. We could first start by discussing the approach to native title taken by the courts. It is reflective of the relevant doctrines in traditional aboriginal laws and customs (Mabo v Queensland (No 2) [1992] HCA 23 at [64]), use of the land is exclusive and must be reconciliatory with the nature, customs and attachment of that land (Delagmuukw v British Columbia [1997] 3 SCR 1010 at [114]). We could then draw on the comparisons: About how this could be recognised as similar to a customary right for use of the land, but is held by groups rather than individuals, and therefore differs from rights of common. We could discuss how these aboriginal rights are more precarious than customary rights, as they can be lost if customary use and attachment to the land is lost over time, and how legislation and case law has sought to protect this right.

6. You could also draw on arguments for how the justifications of these rights in common law can be seen as neo-colonial, in that they don’t fit in either category of rights of common or customary rights, which are a western, individualistic conception of property rights that fails to account for the pluralism of collective rights in aboriginal property rights, how the law seeks to enable this distinction whilst acknowledging its’ validity in common law etc.

Some Final Words of Wisdom

If, after carefully reading the assignment, you are still perplexed by it, do not be afraid to seek clarification from your academic writer. He or she may be able to provide clarification on the topic or provide some example replies to the task in question. When you are feeling perplexed about an assignment, knowing what is expected of you might assist. Knowing your limitations, on the other hand, might help you avoid difficulty if you are considering an unconventional method. In any instance, it is a good idea to create a note of, highlight, or circle the particular passages in the assignment that make you feel uncomfortable with the language before you present it to your essay writer.

LAW ESSAY WRITING TUTOR

Having a law essay writing tutor can be extremely beneficial for any law student. Firstly, a tutor can provide individualized attention and feedback to help improve writing skills. They can identify areas where the student may need improvement and work with them to develop stronger skills. Secondly, a tutor can help the student learn how to structure their arguments effectively and present them cohesively. This is essential in law because clear and concise communication is crucial. Moreover, a tutor can help a student understand complex legal concepts and terminology, ensuring that they are accurately reflected in their writing. Finally, a good tutor can instill confidence and motivation in the student, which can ultimately lead to better grades and a successful career in law.