FIRST CLASS LAW ESSAY GUIDE
Guide for writing a first Class Law Essay
We will walk you through the requirements that must be met for first-class law essay. This is a discussion about academic composition - A how to guide for writing a 1st class law essays, academic papers, and dissertations.
The 1st class Essay Requirements
A law essay is different from a problem question in that it asks you to apply the law to a specific set of facts. This may seem to be a daunting and unsolvable job. But if you know what you need to know and follow some basic rules to understand the question, make an argument, and organise your response, you will soon see that you can get top marks.
A first-class law essay demands the following:
1. A well-defined and well-defended thesis
2. An undoubtedly established legal authority.
3. Legal arguments that are sophisticated,
4. Critical thinking and analysis
5. An organisation that is exact and clear
6. The language that is simple, clear, and direct
This article will offer useful advice on how you can achieve these goals. The writing of an essay on the law requires the same skills as the essay on problem-solving; these abilities are used and demonstrated in somewhat different ways. This guide will help you develop how use the skills needed to translate your knowledge of law into a professional and first-class answer.
A few universities that teach law take the time to teach students how to write a first-class essay and, even more importantly, how to do it right. A well-organised essay is essential to getting the highest grade for their formative essays, dissertation, or exam answers. Good essay writing skills can never be a substitute for a thorough knowledge and understanding the law. Having a solid grasp of the law does not guarantee the highest quality of your writing. The legal knowledge must be applied in a clear, organised, and rigorously to ensure the highest mark.
Some key features that all 1st class essays have in common:
Every law school has specifications and marking criteria to determine what is a first-class essay, or an upper second and a lower second class, and so on, and they may seemingly differ. But there is agreement about what you need to do to get a good grade on your law essay, whether it is an essay, assignment, coursework or an examination.
Every first-class essay shall contain the following:
Be aware of the finer details when considering the exact details of the question. An essay that is well written will not be a generalised discussion of a particular subject. It will attempt to address the particular issue raised by the language used in the question.
A deep understanding of the law in question which is accurately explained.
An organised structure, clearly written as a well-detailed thesis (argument).
An explanation of the more considerable background in the law's context. It could be a reflection of the pertinent policies, the history of law, its origins, and the debates in academia surrounding this specific legal controversies.
The best approach to address this issue is to examine and assess a detailed explanation of the black-letter law. Candidates who are innovative and sharp in their answers employ the lateral approach.
The addition of more obscure aspects that are not obvious in the law.
Use of appropriate sources, arguments to support them, and thoughts.
Correct and proper use of quotations, paraphrasing, and correct use of citations.
The study of the arguments that are not in agreement and the sources.
Elimination of pointless argument and debate.
An excellent manner of writing, clarity in your words, perfect grammar, and spelling. A poor style can make it difficult for readers to comprehend your arguments. The secret to excellent style is described is simplicity.
Marks are categorised into 2nd class and the third class or lower, depending on which guidelines are not adhered to. The less you adhere to these principles, your score will be lower.
Each aspect is tied to organisation, technique, and style in some manner or another. Knowledge of the law is crucial: however, it will not suffice on its own. You need to use an effective strategy and structure to get an first-class mark on your essay. Regardless of how well you understand the law, an unprofessional essay could result in a lower grade than you are entitled to, possibly significantly less.
If you are writing an essay, look at it in relation to the requirements above, and then consider how many of the criteria you have met. You will be amazed by how well you wrote it. In the next section, you will find comprehensive directions on how to improve your writing skills in various areas, helping you develop your essay writing skills.
The most typical errors and how to avoid them
There are a few frequent mistakes made in essay writing that can be detected promptly. It is important to circumvent these:
Students typically write in an informal and casual style or even a not too academically formal style. I don't believe you're correct. This is the wrong way to write a legal essay. "The author's argument does not work (for the reasons below) ... is a much better choice."
The use of colloquialisms, slang, and spoken abbreviations must be avoided. "Does not" instead of "doesn't".
It is crucial to write your prose in complete sentences. This means you must write in entire sentences with paragraphs of the correct length (not too long, but not too small, long enough that your message can be effectively communicated). Do not use unfinished sentences, bullets, or lists. As you can notice, writing in complete prose lets you analyse and evaluate, which is crucial to writing an excellent essay.
Students do not cite proper cases or laws. Law schools have rules regarding this in general, as well as different regulations for short essays, dissertations, and examinations. Know the rules and follow the rules. There's no reason to be penalised for doing something that is so inconsiderate.
You must ensure that you acknowledge your sources. These are the first legal argument rules to follow when writing legal essays. Without any source, legal argumentation is almost useless.
Also, do not just use sources to justify your position. This is highly typical. For example, be aware of why you cite a particular instance.
Make sure you follow the formatting guidelines your law school instructs you to follow.
What exactly does an essay need of you? The significance of a thesis
The essay titles can vary in length, from lengthy quotes to concise, straightforward questions. The basic idea is that each essay will require the reader to discuss a legal dispute. Many essay questions will contain the requirement to "discuss." The exact meaning of that phrase may differ, which will be discussed in the following paragraphs. Many students do not understand or do not grasp the necessity of resolving the dispute.
A few students have the false belief that it is necessary to simply take an opinion or take sides in any controversy in which you are engaged. While this could be an appropriate tactic necessary for an emergency, it is not generally a good method to follow. An essay should be able to propose, discuss and demonstrate the validity of a thesis, which is that it must be a method to determine to solve the problem. The most important thing is not the fact that you do not think about other possible arguments. However, it is important to take a look and decide whether or not they are valid. Most students do not understand the importance of proving their valid claims or even arguing. A paper that does not have a thesis will not be able to achieve the highest grade. It is much harder to comprehend when you write or structure.
In contrast to questions that have you resolve a number of distinct legal issues, an essay requires you to address only one. Therefore, the whole essay should be devoted to resolving this problem. The structure of the question can be an absolute guideline for how to structure your answer when it comes to problem-solving questions; But essays are much more difficult to arrange and write. They give the student extra liberty, so you need to focus more on your argument, thesis, and writing.
However, this also means an essay that is well-written can be more distinctive than a query that is difficult to answer, in which case all satisfactory answers will be similar to one another.
A good essay demands thorough argumentation and analysis of the law. The essay's thesis must be summarized in one or two sentences. This could be your conclusion. Your essay needs to show that this claim is valid and argue against other points of view.
To accomplish this, you will have to be able to do certain things:
Learn the different kinds of essays that ask you to accomplish something.
You know how to conduct legal analysis.
Answer that question.
You must also understand how to arrange this legal analysis into an efficient and cohesive structure. This section will help you to understand how to achieve these goals.
Figuring out what exactly is being requested
The language used in essay questions may be confusing. Look over the exam papers of an area of law that has not been gone through. At the very least, some of them are puzzles, which refer to topics and disputes that are difficult to comprehend or even be able to solve.
It could also be the case for essay questions about subjects you know well and have reviewed in depth. Many candidates are reluctant to answer essay questions since they appear unclear or confusing. Yet, they are the most compelling questions for candidates to showcase their legal knowledge. First, you must be in a position to recognise the exact question that the question is asking you to answer.
In the first place, most questions will reference an issue you have heard of. The questions will require you to look into and resolve the dispute with the help of legal analysis. You must prove your point of view, as described in section 3. Find the issue the question is about. Sometimes, it may be an actual quote and provides a solution to a question instead of asking it.
For instance, consider the following question:
How does the ‘trust of land’ introduced in the ToLATA 1996 Act differ from the statutory trust of sale enacted in 1925? How satisfactory is it as a basis for co-ownership of land?
What does this question want you to answer? What is the best way to discuss this question? First, you must know that these quotations can be a possible conclusion to a query. To talk about it, you need first to comprehend the issue it asks and understand the arguments that could be the basis for this conclusion. In essence, you are requested not to think about the quote; however, to rethink the question it is asking and, as a result, think about which is the best answer. In this way, you have to be able to think of counter-arguments in support of the conclusion mentioned in the quote. These arguments are usually shared. The same issues always arise in the same courses and even in different questions. What is being asked of you is how to relate this particular legal element to this particular issue.
So, what exactly are you attempting to find out with this query? The major problem in the legal land laws is whether the law of property should protect the value of the land or ensure the value of land used for commercial use. For ToLATA, it is about deciding if the numerous rights granted to beneficiaries along with how the nature of the trust that was changed and if the law requires expansion in order to provide additional rights to the people it effects. The first step to tackling this issue is to recognise that this is the expectation required of you. You have to resolve the issue by formulating an argument (your answer) supported by legal arguments and analysis that is well-constructed in a format.
These same issues come up repeatedly in law-related essays, except for which areas to focus your attention on in your response. Similar to the way that problem-solving issues will always focus on the fringes of the law —those areas where the law is not as precise, essay questions are likely to (by and large) concentrate on areas in which there is a general lack of consensus. Knowing these areas will allow you to determine the question being asked. Although essay questions can be complicated or confusing to comprehend, that is not their goal. In contrast to problems that can be red herrings or techniques to throw you off track to snare your essays, they do not usually do this. Instead, they aim to stimulate your response by being thought-provoking and controversial. However, a word of caution is not just to 'take sides' in a debate. Do not think, like some students, that the most effective way to resolve the issue is to oppose the quote or the essay's words. Your answer should think carefully about the problem and then give a clear answer in the form of a thesis.
Types of the Essays
Essays can be of a myriad of forms and can be divided into three types, each requiring a distinct approach to answering. But they all require analysis, a thesis, and a well-constructed outline.
A. Legal Theory
The legal theory questions require you to provide the rationale for the law's taking its shape and form in the way they do, in addition to considering its advantages. Many candidates fail on essays due to their inability to grasp this aspect of essay writing. The essay question does not ask you to talk about the law simply and why it is this way, or if it is appropriate to be this way. This is the most commonly used type of essay question.
Here are some of the best examples from various topics:
"Offer and acceptance rules are no longer applicable to current transactions." Discuss
The Community law could have had any influence without the direct impact mechanism?
There is no logical unifying thread in tort law. Discuss.
Clearly, there is no space in the UK Constitution for the concept of the separation of powers. Discuss.
B. Legal Reforms
Legal reforms may be in two different forms: which will need you to analyse the latest modifications in-laws and those that require you to think about the possibility that a specific legal area ought to be altered. These kinds of questions will require you to follow the same process as questions based on legal theory. However, they place more importance on comparing legal alternatives for a specific problem (either new or old or both). In order to respond to these inquiries, you should know what problems the old (or current) law has and how the proposed (or planned) law can fix these problems. It's easy to find these questions; they will either draw your attention to recent changes in the law (like a new law or a case that has been called a landmark) or ask you to suggest an amendment.
The following are some examples:
The Contracts (Rights of Third Parties) Act of 1999 has not remedied the issues for which it was intended. Discuss.
The ECJ's ruling in Viking has satisfactorily addressed the issue of free mobility and freedom of association. Discuss.
What should be the law on manslaughter reform?
The law regarding charitable trusts is currently in force and can be accepted. Discuss.
C. Legal History
Legal history-related questions ask students to focus more on the gradual changes in the area. It is essential to look at the legal theory and reform questions but be more attentive to the changes in history. In specific ways, questions related to legal history may be more appealing because they are easy to organise (chronologically) and seem more secure if you are experienced in case law and the law. This could be the case to an extent, but you must be able to get a second-class grade at a minimum. But questions about legal history that get a good grade still need an analysis of the law and a thesis with a strong structure.
A listing of statutes or cases will not get you very far. It is still vital to be imaginative in your answers, perhaps even more so since questions such as these will typically prompt a variety of similar responses that the marker can go through. If you pay close attention to the language, you will notice that they usually ask you to give facts or trends and then analyses them critically, just like questions about the legal theory.
A few examples of essays on legal history:
The requirements for using the locus standi UK courts are being reduced as time passes. Discuss.
"Legislative reform has moved land law further towards a framework built on fairness and flexibility. " (John Doe). Think about this assertion by referring to legislation that was adopted in 1925.
Direct effects are one concept that has lost its coherence during its development. Examine the issue concerning pertinent ECJ cases.
Does the labour law's scope change with the new workplace methods?
The fourth type of question is a pure legal theoretical essay. It is typically limited to legal philosophy or jurisprudence. It is necessary to look at theoretical arguments in a more abstract fashion. However, these questions are not as divergent as one might expect from previously discussed ideas. However, they need to be more focused on the theoretical aspects of arguments.
It is vital to know the type of question being asked, and it is important not to overstate the difference between these two. The difference is one of magnitude. The three questions are founded on the same basic principles as the thesis: the legal aspect, structure, and structure. It is essential to understand the distinction between different kinds of issues. If the focus is on the legal doctrine, the idea of a non-thinking "trotting off" the progress of a doctrine is incongruous. The same applies when the focus is on the history of law and the development of a doctrine. It is not wise to concentrate on the most recent reform.
Source of Legal Argumentation
Now, you have got your thesis and have identified the topic to be studied and the kind of question you are asking. What are you going to do when creating your essay? It needs two demands - a compelling legal argument and a solid-structure. This article will discuss how to conduct an analysis of and assessment in the legal field, and then in the next section, we will consider how to make those arguments more coherent.
Essay questions can appear to be seeking an opinion, which may be on the surface. However, they are not asking for an opinion like you would get in an informal discussion about politics at a pub or over the last game at lunch. Legal argumentation, analysis, and debate must adhere to specific rules.
What kind of form should legal arguments follow? This guide will provide you with an in-depth explanation of how law students should organise their arguments; the most effective method of learning is to study the decisions of others. Some teachers will require you to go through many cases, and others place less weight on this. It does not matter what others say; reading judgments from courts like the Supreme Court (which was once known as the House of Lords) and the European Court of Justice is not the most fantastic way to learn how to think like a lawyer. This can also be extremely helpful in answering difficult questions. Another excellent way to understand how to organise critical thinking is to study academic journals, which go beyond regular textbook reading. These articles are typically put on your reading lists as additional studies. Analysing these articles will give you specific examples of solutions to the disputes that law essays demand you to settle.
Reading academic and case law can help you understand legal arguments in an enlightened way. They provide examples of an essential element of legal analysis—sources! In identifying, evaluating, reviewing, or criticising laws, you must remember that the main element is the origin of everything you say. Law that defines argument's credibility is not just its logic or appeal but its foundation. In essence, the source of the argument and who made it is as important as what's said. This is the basis of authority.
There are two kinds of authorities in law arguments: binding and unbinding. Both are essential for a persuasive argument in a law paper.
A. Binding Authorities
If you discover an underpinning legal concept, you must discover the origin. The binding legal authorities provide the basis for it is what the law says. They usually originate from either cases or laws. When presenting the current (or previous) legal situation, you should be precise in attributing any rule or legal principle to a specific source. A law without the source is untrue in any way. Similarly, it is not acceptable to use sources without reason or simply quote sources randomly. Sources and principles should only be utilized when they are pertinent.
If you are looking at the law in a specific subject, you must know the general rule and, if appropriate, there are concessions to the law. Without suitable sources, this will not be possible. The basic rule is: What is the foundation? What is the source?
When you answer questions based on a problem, most of your answers will be focused on applying them to the issue is particulars. At the same time, in essays, determining the right concepts and sources will generally take less time and be limited to a few principles. This is because more attention should be placed on the study of the second kind of lawful authority: the authority that is not binding or convincing.
B. Persuasive Authorities
They are vitally important in the realm of legal theory and reform. They are a crucial element in the writing of legal historical essays. Finally, persuasive authorities should be included in an essay on law to get a high score.
Public Policy: The term "public policy" is considered the most significant type of authority that is not binding and is usually not utilised by law students writing essays. Public policy encompasses all moral and political arguments that could be used in court. It is used to critique or praise legislation or legal reform, create new laws, or provide explanations for changes that have occurred in the law over time. Arguments for public policy should be handled with caution. First, they must be recognised. There is no way to simply say that the law is not fair because of public policy. It is crucial to recognise and explain the reasons before describing how they can be applied to this specific legal area. Additionally, you should be aware of the other perspective. If you feel that the choice to use constructive trust in the family home is unfair since it discriminates against women, what is the reason for this strategy? If you can consider this argument, it will make your choice to apply for public policy work.
The legal commentaries: Every moral law essay contains premise and source for legal commentaries, or, more precisely, the case note, articles, and articles written by professors. Identifying an argument from an academic source, its reference, and how it can be applied in your paper is a great way to increase your score. It would be mainly if you could engage deeply with the commentaries, considering their credibility in your way or by drawing upon other academics' opinions. Make sure to use an idea of another person; Be sure to make sure you include their name as well as the source. Without their name, the work is unfocused and could be plagiarism. You can be an excellent source for convincing authorities simply by mentioning your name.
Disagreeing judgments: Disagreement in judgments indicates a student who is top of the line. It is possible to utilise them to support your arguments and prove to your teacher that you have put in the effort to research the cases.
Legislative proposals/Reform proposals: Documents in green and white, Draft Bills of legislation, Law Commission reports, and suggestions are excellent sources that are non-binding. They can be extremely helpful in addressing legal reform concerns.
Legal system: In light of English law, the international law system is not fully integrated into our country's legal system. It's an independent authority that can be used to prove law theorems.
Law Notes: Have a look at our LLB Law Notes. These are good simple understandable notes on differnet areas of law. Always get a good understaining and then go deeper.
Laws from different jurisdictions: It is often beneficial to research the legal frameworks of other jurisdictions in the event of an inconsistency in English law or when you have advocated for change. In this manner, this type of resource that is not binding is suitable for legal reform questions. But it could also be used as a base point in questions about the legal theory. Due to their similarities in design and the use of the same concepts, different general law systems are frequently used. But you do not have to stick to the systems you use if you think another legal system could help you solve a legal problem in a different way.
An excellent essay should include the right mixture of persuasive and binding-authorities. It is challenging to write an outstanding essay without including both. The first is not enough.
Other tips for using authorities:
Be sure to follow the rules of the law school you attend. They are considered to be proper citations.
Use paraphrasing and quotes where appropriate. Avoid the blunder of putting in lengthy quotes, especially from statutes, when simple paraphrasing is better. But, a short quotation of an academic judgment is when it can convey a message clearly and can be very effective.
Essay questions can provide explicit clues about the types of authoritative and binding you need to emphasis on. Although it is important to consult trustworthy sources, it is essential to ensure that the sources you use correspond to the question being asked. The incorrect sources will not assist you in answering the question, and it will not help you get a better score. Keep track of what you discovered in determining the type of the question and the type of question that is expected to be offered. This should not be considered when a source is not helpful in discussing your thesis to answer the question. Do not fall on the wrong side of the law by trying to demonstrate that you are an expert on the law.
7. Structure
The structure is an essential component of any essay. A good essay should be well-structured. What are the best ways to organise your essay? There are no set guidelines for how to structure your legal essay. There are, however, specific rules you should follow. Remember the points we made in the last part of the article about the importance of a well-written thesis? The thesis you choose to write will provide you with the structure you need for your essay. It would help if you organised your essay so that it is in line with your thesis. The essays that lack structure are usually those that have no thesis. The method of writing an essay that does not include a thesis is almost impossible. Writing an essay that does not have any structure or thesis is practically impossible and may be difficult to read on the viewer's part.
A lot of students are not aware of the importance of arranging their legal argumentation to support their thesis. The introduction should present readers with an overview of the topic. The body of your essay should explore the arguments in support and against the thesis in a structured and precise manner (see section 6.) and must be organised logically to conclude. The main argument in your essay (your legal arguments) should be placed in the centre of the paragraphs.
There are a variety of ways to organising an essay.
A. Five Paragraph Essay
The standard " five paragraph " structure is the most effective method of organising your argument is the standard "five paragraph" structure. There is nothing sacred about five paragraphs. However, there is more that could be. However, this is an excellent foundation for any essay, regardless of the topic. The structure can be illustrated graphically as follows:
It is evident in the diagram that this type of essay requires an introduction that explains your thesis, which you intend to defend, and three paragraphs in which you analyse (using the proper methods of legal argumentation that were discussed in the earlier section) three arguments that support your argument. Finally, your conclusion summarises the results of the paragraphs. This ensures that you analyse important parts clearly and precisely while staying true to your main point.
B. The French method: the thesis, antithesis, and synthesis
This style may be more appropriate for more specialised essay questions that need you to consider fewer topics. However, you should think about things more carefully.
As you can see, the introduction and the concluding paragraph are the same as the conclusion and play the same role in the five-paragraph essay. The middle paragraphs or the substantive ones, consider first the arguments supporting the particular idea, then a discussion of the argument, followed by the third paragraph that aims to make sense of the conflicts between the two paragraphs. This is a challenging essay format to master effectively, and students may get lost compared to the much more specific five-paragraph structure. It is nevertheless feasible to write an outstanding essay in this format.
C. The essay on the historical overview
As the title suggests, this kind of writing is most appropriate to the questions belonging to that historical legal category discussed in the 5th part. One way to show this would be as follows:
In a traditional structure, it is common for paragraphs to distinguish distinct strands or time frames in legal history. Although this kind of writing might appear attractive in terms of its simple structure, it is not! It is more challenging (but certainly not unattainable) to incorporate a solid thesis and an advanced legal argument using authoritative authority instead of just an alphabetised list of authoritative sources. The argument, however, must include in both the introduction and the conclusion.
A few more general aspects
There are no set rules for the essay structure. A variety of different structures that are more fundamental could be described here. It is your choice to be innovative with the structure of your essay; however, remember that you can only alter the structure of your essay in a way that serves to back your thesis.
A few more general pieces to consider are:
Do not use long introductions to scenes or lengthy opening paragraphs.
Do not spend too much time on the same aspect in your paragraph's middle section. Each point should be given the same or more weight.
Do not generally include new information within your concluding paragraph (except for proposals to reform the legal theory or in legal historical essays). While a twist, it is possible to write some delightful essays; in general, the conclusion you write should reflect what you've demonstrated through your paragraphs of substance.
Be Creative
This guide, if you follow it, can improve the quality of your writing in unimaginable ways. Still, it cannot provide you with the most efficient method of achieving a high-quality thesis and a dazzling legal analysis to back it up. Your thesis is based on creativity.
You need to be able to think creatively and laterally to make use of all your mental abilities to apply your legal expertise to the issue you are addressing. For law-related essays, you may be required to look at questions from various parts of your syllabus or outside of the syllabus regarding public policies. However, this does not mean that anything is allowed. That is far from the case. A well-written essay should be precise regarding legal arguments and the use of authority. However, it will be innovative and unique in its argument.
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First class notes
To write a first-class essay, you need first-class material. Quality resources are imperative to deliver top-notch essays. When it comes to law, your research needs to be thorough and comprehensive, and that's where Law Tutor notes come in. Our notes are designed by experienced academics and lawyers to provide you with the best learning resources on the market. Our materials are unparalleled because they are up-to-date, concise, and tailored specifically for law students. Using our notes as a reference or basis for your research ensures that your essay will stand out to your professors and earn you top marks.
