how to write a legal studies argumentative essay

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• Writing a legal argument

The example paragraphs below demonstrate the things you need to include to write a successful legal argument.

Use the menu on the right hand side to navigate through the resources in this tutorial and how to write a legal argument.

To successfully write a legal case study

You need to:

• identify relevant legal issues
• apply the law to the facts
• structure your answer clearly and logically (use the model plan)
• use appropriate language for a legal argument.

Identify relevant legal issues and apply the law to the facts

These model paragraphs show how a student has successfully identified the legal issues and applied those issues to the facts of the law.

In this model, the first sentence identifies the relevant legal argument while the second applies the law to the facts of the case.

Lord Atkin's neighbour test suggested that person A owes a duty of care if B is sufficiently proximate to A. In other words, the test will hold if A's actions or omissions may affect B in a reasonably foreseeable manner and consequently cause damage or suffering or damage to B. In this case, Groovy Clothing Store owes Bert a duty of care because Bert was in their premises and such duty of care is non-delegable (and hence could not be discharged) to Groovy Clothing Store's contractor who was hired to renovate the premises. According to the 'neighbour' test, occupiers of land owe a duty of care to their entrants (neighbours) in respect of premises because of their control over the premise. Australian Safeway Stores v Zaluzna. Since Bert's presence in the store was organised and controlled by the store, and it is reasonably foreseeable that Groovy Clothing Store's actions and omissions could cause damage to Bert and other shoppers, it is hence sufficient for Groovy Clothing Store to owe Betts duty of care. Applying the law to the facts -->

Here the application of the law to the facts and the identification of legal issues have been interwoven together in one sentence.

Although a shopper entering a shop like Groovy Clothing Store would not assume voluntarily (volenti non fit injuria) the risk of falling down a collapsed staircase, in defence a its breaching duty of care, Groovy Clothing Store could probably claim that Bert was partly liable for his injury due to his failure to take reasonable care of himself (contributory negligence) on the grounds that an ordinary, reasonable and prudent person would not force him or herself up the stairs at the same time with so many people because of the foreseeability of an accident   Wyong Shire Council v Shirt [1980] HCA 12 . If this is the case, then not all the losses and damages Bert suffered would be recoverable.

[Identifying and defining the legal issues] Lord Atkin's neighbour test suggested that person A owes a duty of care if B is sufficiently proximate to A. In other words, the test will hold if A's actions or omissions may affect B in a reasonably foreseeable manner and consequently cause damage or suffering or damage to B. [Applying the law to the facts] In this case, Groovy Clothing Store owes Bert a duty of care because Bert was in their premises and such duty of care is non-delegable (and hence could not be discharged) to Groovy Clothing Store's contractor who was hired to renovate the premises. [Identifying and defining the legal issues] According to the 'neighbour' test, occupiers of land owe a duty of care to their entrants (neighbours) in respect of premises because of their control over the premise. Australian Safeway Stores v Zaluzna . [Concluding the issue] Since Bert's presence in the store was organised and controlled by the store, and it is reasonably foreseeable that Groovy Clothing Store's actions and omissions could cause damage to Bert and other shoppers, it is hence sufficient for Groovy Clothing Store to owe Bert duty of care.

[Applying the law to the facts] Although a shopper entering a shop like Groovy Clothing Store would not assume voluntarily[Identifying and defining the legal issues] (volenti non fit injuria) [Applying the law to the facts] the risk of falling down a collapsed staircase, [Identifying and defining the legal issues] in defence a its breaching duty of care, [Applying the law to the facts] Gropovy Clothing Store could probably claim that Bert was partly liable for his injury due to his failure to take reasonable care of himself [Identifying and defining the legal issues] (contributory negligence) on the grounds that an ordinary, reasonable and prudent person [Applying the law to the facts] would not force him or herself up the stairs at the same time with so many people because of the foreseeability of an accident Wyong Shire Council v Shirt [1980] HCA 12. [Concluding the issue] If this is the case, then not all the losses and damages Bert suffered would be recoverable.

• Finding Australian case law
• Finding Australian legislation
• The case study
• Writing your answer
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• Integrating a legal argument
• Language focus
• Linking words

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Mastering the Craft: Writing Effective Legal Essays for Law Students

Norma Harris, LawFuel contributor

Welcome to the exciting yet challenging world of legal writing! As a law student, mastering the art of writing legal essays is not just a requirement; it’s a fundamental skill that will serve you throughout your career. This guide is designed to provide you with tips and techniques to excel in crafting compelling legal essays.

Let’s embark on this journey of turning complex legal concepts into coherent and persuasive narratives.

Understanding the Legal Essay

A legal essay is more than just an academic assignment; it’s a critical tool for demonstrating your understanding of legal theories and ability to apply them to real-world scenarios. Unlike other forms of academic writing, legal essays require specific skills, including analyzing legal problems, using legal reasoning, and accurately referencing legal authorities.

For students who find these requirements daunting, seeking assistance from a professional essay writing service can be valuable. These services provide expertise in crafting well-argued and properly referenced legal essays, which can significantly aid in understanding the nuances of legal writing and improving academic performance.

Topic Selection and Analysis

Selecting the perfect topic for your legal essay is a critical first step. It sets the tone for your entire piece and can often determine its success.

Here’s how to make the right choice:

Relevance to Current Legal Discussions: Aim for a topic that is interesting and relevant to current legal debates or recent developments in law. This demonstrates your awareness of the evolving legal landscape.

Personal Interest: Choose a topic that intrigues you. Your enthusiasm will reflect in your writing, making the process more enjoyable and engaging.

Scope and Feasibility: Be realistic about the content of your essay. It’s better to thoroughly explore a more focused topic than to skim the surface of a broader one.

Techniques for Analyzing the Essay Question

Understanding and dissecting the essay question is crucial. Here’s how to break it down:

Identify Key Terms: Look for action words like “analyze,” “discuss,” or “compare.” These verbs define the approach you should take in your essay.

Scope of the Question : Determine the boundaries of the topic. What are you being asked to focus on? This helps in narrowing down your research.

Hidden Questions: Sometimes, essay questions have underlying issues that take time to be apparent. Look for these subtleties to address the question entirely.

Conducting Preliminary Research to Scope the Topic

Start with a broad sweep of the topic:

Initial Readings: Review general texts to understand the background and context of your topic.

Identifying Gaps: Look for areas within the topic that are under-discussed or particularly contentious. These gaps often make for compelling essays.

Research Strategies

Research is the foundation of any legal essay. It informs your arguments and supports your conclusions. Effective research involves:

Comprehensiveness: Ensure you cover all relevant legal aspects of your topic.

Credibility: Use authoritative and reliable sources to back up your arguments.

Identifying and Using Primary and Secondary Legal Sources

Understanding the difference between primary and secondary sources is vital:

Primary Sources: These are the law – statutes, cases, regulations. They form the backbone of your legal arguments.

Secondary Sources: Include legal journals, textbooks, and commentaries. They provide interpretations and critiques of primary sources and help to contextualize your arguments.

Effective Use of Legal Databases and Libraries

Utilize legal databases like Westlaw, LexisNexis, and HeinOnline for access to many legal resources. Libraries, especially law school ones, are invaluable for finding primary and secondary sources.

Maintaining Accuracy and Relevancy in Research

Stay Updated: Laws and legal interpretations change. Make sure your research includes the most current information.

Relevance: Always tie your research back to the central thesis of your essay. Irrelevant information, no matter how interesting, can detract from your argument’s coherence.

Planning and Structuring the Essay

Before diving into writing, it’s essential to plan your essay. An effective outline acts as a roadmap, guiding you through your arguments in a logical sequence. Start by jotting down the main points you intend to cover. Arrange these points in a logical order, ensuring that each one builds upon the last.

Structuring Arguments Logically and Coherently

A legal essay’s strength lies in its arguments’ clarity and logic. Ideally, Each paragraph should begin with a clear topic sentence stating the idea or point you’ll discuss.

This is followed by evidence, such as legal precedents or statutes, and then analysis, where you interpret how this evidence supports your argument. Ensure each paragraph flows smoothly into the next, creating a cohesive narrative throughout your essay.

The Role of Thesis Statements and Topic Sentences

A well-crafted thesis statement at the beginning of your essay sets the tone and direction of your arguments. It should briefly state the main point or opinion that your paper will support. Similarly, topic sentences at the beginning of each paragraph offer a preview of what the section will discuss, tying it back to the thesis statement. 

Balancing Depth and Breadth in Legal Analysis

While depth of analysis is crucial in demonstrating your understanding of the topic, it’s equally important to maintain a breadth of perspective. Avoid tunnel vision by considering various aspects of the legal issue at hand. However, beware of spreading your analysis too thin. 

Legal Argumentation and Analysis

Effective legal argumentation is rooted in logical clarity and supported by evidence. Your arguments should be based on legal principles and facts, not just opinions. Appropriate legal authorities, like statutes or case law, should back up each claim you make. 

Critical Thinking in Legal Analysis

Critical thinking is vital in legal analysis, much like how an ai essay writer free tool assists in generating content by evaluating various parameters. In legal studies, it’s about understanding the law and analyzing how it applies to different situations.

You need to question assumptions, much like an AI tool sifts through data, evaluate evidence critically, and explore the implications of your arguments. This depth of analysis, akin to the intricate processing of a sophisticated AI writer, demonstrates a higher level of understanding and engagement with the subject matter.

Addressing Counterarguments and Alternative Perspectives

A comprehensive legal essay anticipates and addresses potential counterarguments. Acknowledging and responding to opposing viewpoints strengthens your essay by demonstrating that you have considered the issue from all angles. It shows the ability to engage critically with different perspectives, a vital skill in legal analysis.

Incorporating Legal Precedents and Statutory Materials

Your arguments should be grounded in relevant legal precedents and statutory materials. Citing these sources provides evidence to support your points and shows your ability to interpret and apply legal concepts. Explain how these sources relate to your argument, rather than simply listing them, to demonstrate your analytical skills.

Legal Writing Style and Language

Clear and concise writing is paramount in legal essays. The goal is to communicate complex legal ideas in a way that is accessible and understandable. This means avoiding unnecessary jargon, wordy sentences, and convoluted structures.

Each sentence should convey your point directly and efficiently. Clarity is key in legal writing; you aim to make your argument as straightforward and understandable as possible.

Avoiding Common Pitfalls in Legal Language

Legal language is often criticized for being overly complex. Avoid these common pitfalls by simplifying your language. Avoid the passive voice, which can obscure the meaning and make your writing less engaging. Also, resist the temptation to use legal terms unnecessarily; use plain English wherever possible to convey your points more clearly.

Use of Legal Terminology and Phrases

While simplicity is essential, there are times when specific legal terminology is necessary to convey a concept accurately.

In such cases, ensure you fully understand and use the terms correctly. This demonstrates your knowledge and ensures that your argument is legally sound. However, always explain the time briefly to readers who may need to become more familiar with it.

Balancing Technicality with Readability

The ultimate goal is to strike a balance between technical accuracy and readability. Your essay should demonstrate your legal knowledge and ability to use legal language correctly, but someone without a legal background should easily understand it.

Citation and Referencing in Legal Essays

Accurate citation is crucial in legal essays. It serves two primary purposes: it credits the original authors of the work and allows readers to verify your sources. This not only bolsters your credibility but also ensures academic integrity. Please cite sources to avoid accusations of plagiarism, which can have serious consequences.

Overview of Common Citation Styles in Law

Different jurisdictions and law schools may prefer different citation styles. The Bluebook and OSCOLA are among the most commonly used.

The Bluebook, prevalent in the United States, provides a uniform citation system. OSCOLA, mainly used in the UK, is designed for legal referencing. Familiarize yourself with the preferred style for your jurisdiction or institution to ensure correct citations.

Avoiding Plagiarism and Ensuring Academic Integrity

To avoid plagiarism, ensure that every source you use is properly cited. This includes direct quotes as well as paraphrased ideas and information. Understanding and adhering to the rules of your chosen citation style is vital to maintaining academic integrity.

Editing and Proofreading

Editing is an essential step in the writing process . Begin by reviewing your essay for structure and content. Make sure each argument is coherent and supported by evidence. Then, move on to sentence-level edits, focusing on clarity and conciseness. Look out for and eliminate any grammatical errors or awkward phrasings.

Seeking Feedback and Constructive Criticism

Don’t hesitate to seek feedback from peers, mentors, or professors. Fresh eyes can catch errors you might have missed and provide valuable insights on improving your essay. Constructive criticism is a powerful tool for enhancing your legal writing skills.

From selecting a compelling topic and conducting thorough research to crafting clear, coherent arguments and ensuring accurate citations, each aspect of your legal essay is a stepping stone towards demonstrating your proficiency in law.

Remember, effective legal writing is not just about showcasing your understanding of the law; it’s about communicating complex ideas, concisely, and persuasively. As you apply these tips and techniques, you will not only enhance your legal writing skills but also deepen your understanding of the law itself.

Embrace the challenge, seek feedback, and continually refine your skills. Your journey in mastering legal essays is not just about academic success; it’s about preparing for a rewarding legal career.

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About The Author

Norma Harris

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