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Avoid using outdated laws and obscure blog posts as sources of information.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

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 240,555 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

• 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.

• 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.

• 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

• 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.

• 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.

• 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.

• 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.

Drafting the Essay

• 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.

• 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.

Formatting Your Essay

Proofreading the Essay

• 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.

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

Revising the Essay

• 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.

Expert Q&A

You might also like.

• ↑ 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

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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Using the IRAC method in law school

Apply critical thinking to maximize your law school and bar exam scores.

1. Why use the IRAC method 2. Learn enough for exam success 3. Know what’s being tested 4. Skills to hone for legal writing 5. Read with intention 6. Think outline 7. Write with structure 8. Master the analysis

Why law students and lawyers alike use the IRAC method

In your law school classes, and eventually on the bar exam and as a practicing attorney, you will be presented with scenarios that are not cut and dry. It is your job to be able to decipher the rules of the law that apply and determine if the appropriate elements are present to resolve disputes.

The simple truth is merely memorizing the law is not enough to prepare you for cases, law school finals or passing the bar exam. Critical thinking is required. You have to actually learn and be able to apply the law when writing for exams.

While you definitely need to know a lot of rules to do well in law school and later in your legal career, it’s impossible to know all the rules of law. That’s why good legal reasoning and analysis (or the process of thinking like a lawyer) really come down to understanding the structure by which lawyers solve problems. This structure of problem-solving is known as the IRAC method — Issue, Rule, Analysis and Conclusion — and it’s what your professors and bar examiners will test you on.

The IRAC method is an efficient framework for organizing your answer to a legal essay question. But here’s the catch with using it for exam success: If you don’t know the specific rule(s) to apply to solve the problem at hand, it becomes difficult to follow IRAC.

So how do you learn enough for exam success?

For most people, rote memorization without application doesn’t last long. Learning or memorizing a ton of information without structure and without context creates a problematic environment in which to recall the rules you know and be able to apply them on exam day.

What’s important is to know enough law to figure out which facts are legally significant, and which aren’t. This requires learning three things: Rules, Elements and Stories. Start with studying the rule and the elements that make up the rule. Once you have the rule and elements down, apply a story or real scenario to the rule to solidify your knowledge and understanding.

Now you’re ready to write using the IRAC method.

Know what you’re being tested on

The idea of IRAC is that you go through an exam fact pattern, spot as many issues as you can, state the rules of law, apply the law to the facts and then arrive at a conclusion. In exam situations, this translates to:

• Issue: Your ability to figure out your client’s problem (or what problem your professor is asking you to solve).
• Rule: Your knowledge of a rule(s) that might help solve your client’s problem.
• Application (of law to facts): Your ability to determine which facts are relevant to solving the problem.
• Conclusion: How you think a court would solve the problem.

The majority of points on law school exams come from understanding or recognizing the facts and where they are derived from (steps 1 and 3). Can you figure out the problem (issue) and can you solve it by figuring out the law (which facts are actually applicable to that issue). This understanding, and showing it in a very organized manner, can be the difference between an “A” answer and anything else.

Although it’s not the only way to structure an essay answer, the IRAC method is an effective tool for organizing your thinking and your writing. It helps to ensure all the bases are covered as you learn how to respond to legal issues.

Key skills to hone for your legal writing

Your goal in mastering the use of the IRAC method is to answer essay questions in a way that demonstrates your competency to practice law in the future. This means performing a concise legal analysis for each of the small problems presented in the fact pattern. Legal writing success comes down to Reading, Thinking and Writing like a lawyer.

A good rule of thumb is to allocate a third of your time to the reading and thinking part of the learning process and two-thirds of your time writing your answer.

Read with intention

Start with the call of the question (what issue needs to be solved) prior to reading through the fact pattern. This will help you begin separating relevant from irrelevant facts. As you are reading through the question, you should always be asking yourself: Why is my professor telling me this? Is this relevant fact?

While reading through the fact pattern, make note of which facts are outcome determinative and mark or highlight them. These are the facts that will help you figure out the question — so they should go into your outline.

Think outline

Think about which rules apply to your facts and put them in an outline. Then, go back to the highlighted facts from your hypotheticals and add them to your outline. Your outline should be brief. Keep it to what rule you are going to use and what facts you are going to apply.

Important note: If you do not have facts to apply to every element of your rule, the rule shouldn’t be in your outline.

• Rule: Element 1 , Element 2 , Element 3

Write with structure

Follow the IRAC structure when you begin writing your answer unless your professor requires otherwise. Be sure to look back at the facts you didn’t use to confirm that they aren’t part of the rule. With an organized and well-thought-out approach, you will be left with plenty of time to write because you’ll know exactly where you are going with your answer (thanks to your outline). Every time you get a new rule or identify a new issue, just remember to start a new IRAC analysis.

Master the analysis to write better exam answers

You might be thinking to yourself, this all sounds good in theory but how does this system for approaching law school finals really work in practice? As you begin to write out your exam answer, we recommend you analyze each dispute or issue raised using the IRAC method as follows.

Issue Start by stating the question you plan to address in precise legal terms. Your answer should then cover all the main legal aspects of the issue in a neutral tone without being too general or oversimplified. Just remember to avoid using specific names of any parties involved or other proper nouns.

Rule Next, state the applicable law or laws. If several laws could be applicable in the case, be sure that the number of rules matches the number of issues you’ve stated. Be clear and concise when defining the relevant elements of the rule and term of art.

Application Then, apply the rules to the facts using supporting arguments. Be sure to spell out everything and include counterarguments whenever possible. This is a good place to use an Issue T to break down the problem into its component parts and as a way to remember to discuss which facts in the fact pattern either support or prevent application of the rule. Address each fact given and the logical inference to be drawn from it.

Conclusion Finally, it’s time to summarize the entirety of your findings using a clear-cut conclusion for each issue as well as the question asked. In close cases where a number of outcomes are possible, it is usually best to go with the most feasible and fair conclusion and state why it is your position. Discuss the merits of each outcome in your essay answer without considering yourself bound by the “general rule” or “majority view” (unless the question clearly calls for such). Ultimately, your conclusion should offer the expected legal ruling.

Congratulations, you’re learning to resolve disputes!

The great thing about grasping the IRAC method and the Read, Think, Write skills is that once you hone them, they will serve you well not only through the Multistate Bar Exam — no matter if the questions are multiple-choice or essay — but through your real-world practice as well. BARBRI takes those critical strategies to task in our proven, time-tested bar prep program. That’s why every single year, more students pass the bar exam with BARBRI than with all other courses. Combined.

Understand that law school finals and the bar exam are not tests of your ability to simply recite rules. Ultimately, they are given to test your ability to apply the rules to new factual situations. When you master this process, you begin to learn and recall the rules on your way to helping people resolve disputes. That’s what being a lawyer is all about.

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Writing in Law

Like writing in other disciplines, all academic writing in Law courses should be clearly structured, persuasive, and take a position. Despite these similarities, legal writing emphasises accessibility and precision when communicating ideas and interpretation of a case or topic. This is largely due to its practical application in the legal profession.  

Being able to write persuasively and concisely are fundamental skills required of legal practitioners, so developing these communication skills at an early stage is crucial. Even if you do not go into a legal career, these written skills will be useful in other professional areas of employment, such as the public service.

Legal academic writing has its own conventions and standards that will be explored in the following topics. You will find useful strategies you can use to help refine, structure and present your position in some of the most common forms of law assessment

Using HIRAC

Most legal reasoning follows a particular convention: HIRAC. HIRAC provides a statement of the issue or concern (Issue); an explanation of the legal rules that are applicable to the issue (Rule); an application of the rule to a client's facts (Application); and a conclusion that summarises the explanation and application provided (Conclusion). HIRAC is useful as a way of organising and structuring a response to a problem question.

Typically, HIRAC is used to test your ability to analyse facts in a legal case and to apply the law to the facts to see what the possible outcome might be. They also test your ability to identify relevant legal issue(s) and to evaluate competing legal precedents. Whatever the legal problem is, a clear argument or position is required to be taken. This argument should use primary sources (legislation and cases) to persuade its audience and successfully address counterarguments relevant to each legal issue. 

How to structure a HIRAC response?

What follows is a general guide for using HIRAC. HIRAC is generally understood to be a flexible framework which can be used in multiple contexts. As you practice using HIRAC during your degree, it is important to develop a fluid framework that suits you.

It should be noted that HIRAC should not be used too rigidly, but it does provide a useful way to structure a response to a legal question. When you write an assessment using HIRAC, remember that some lecturers will prefer you to follow the method carefully while others won't be as rigid. You will need to clarify your expectations with them.  

Identify the legal issue and summarise it in your heading. This is usually phrased as a short question that encompasses the legal issue.  

Identify the issues that are central to the case. This can be done briefly. Ask yourself what legal question(s) the facts raise. When writing down the issue(s) you should think about questions a judge might be asked to answer. Be aware there might several issues raised. If more than one issue needs to be analysed, the following sections might need to be repeated several times. For example, HIRAC 1, HIRAC 2, HIRAC3, etc, then an overall conclusion.

Identify the law or legal principle relevant to the issue. This should consist of a brief statement of the legal principles to be applied as a way of signposting your analysis in the next section. A citation for each rule should be included. This is done by referring to a primary source of law (legislation or a case). The rule will generally need to be broken down into its component parts and stated accurately to avoid misinterpretation.

Application

Apply the law to the facts. This is the main part of your answer. This is where you match each element of the legal rule(s) you have identified in the previous section with fact. You need to consider arguments on both sides. Are the facts of your case similar to a previous case or can they be distinguished? You need to make an argument here and support that argument by reference to the law. If the law is unclear on a particular set of facts, you are expected to engage in a detailed hypothetical discussion about how the courts are likely to respond to this ambiguous area of the law. Unlike a traditional essay, your main points or conclusions should be stated at the end of each paragraph of your application.

Based on your analysis in the previous section, state a conclusion as to the most likely outcome. This is where you summarise the points of your argument and suggest an answer to the question presented as the heading. You should make a clear statement about what you think is the strongest outcome is likely to be.

Sample HIRACs

Here is a sample of a HIRAC response, focusing on one issue. Note how it addresses the issue concisely. It provides the relevant rule, with references,  and applies that rule to the scenario in question. The conclusion is a concise final sentence. 

Mitomi v Trinity Beach Life-Saving Club Inc.

Duty of care.

Mitomi must establish the Club's personal liability by proving that it owed a duty of care. The defendant will owe a duty when their actions or omissions lead to a reasonably foreseeable risk of inury to a foreseeable plaintiff or class of plaintiffs. [1] Reasonable foreseeability is that which is 'not far-fetched or fanciful'. [2] The vulnerability [3] and special characteristics of the plaintiff [4] are also relevant to duty.

In taking responsibility for the safety of the beach it is reasonably foreseeable that the Club's omission to provide a universally recognisable warning sign led to a risk of injury to a class of plaintiffs of which Mitomi is one. It is foreseeable that a tourist not understanding the sign would swim in the enclosure. Mitomi is a foreseeable plaintiff as tourists frequently visit the area. Mitomi's vulnerability is increased because she cannot read English, the club owes a duty to all foreseeable plaintiffs not just English speaking plaintiffs. Therefore, a duty of care is likely to be found.

[1] Donoghue v Stevenson [1932] AC 562.

[2] Wyong Shire Council v Shirt (1980) 146 CLR 40 at 47 per Mason J.

[3] Sullivan v Moody; Thompson v Connon [2001] HCA 59.

[4] Haley v London Electricity Board [1965] AC 778.

Here is another sample HIRAC addressing the same scenario. Again, note how it concisely and clearly analyses one issue, follows the steps of heading, rule, issue, application and conclusion. 

Mitomi v Trinity Beach Life-Saving Club Inc. ("the Club") 

[1] [1932] AC 562 at 580.

[2] (1993) 177 CLR 423.

[3] Nos CA 40737/93 and CL 1275/91. 

Essay writing in Law

The purpose of a legal essay is to advance or persuade your reader of a particular understanding, interpretation, or application of law. In order to do this, legal essay writing needs to be simple, compelling, and well-constructed. Unlike a paper that utilises HIRAC, a law essay involves detailed analysis and discussion of the law in a more abstract setting. When writing a legal essay, you are required to take up a position in response to a question. But how is this different from essays you write in other disciplines? The following information provides some suggestions about the specifics of writing a legal essay.

What distinguishes a law essay from an essay written in another discipline?

Like essays written in other disciplines, legal essays require a central argument, based on logical reasoning and critical analysis of evidence. They should have a clear structure with a strong introduction and conclusion. As Baron and Corbin (2016, p. 26) note, even though legal writing is perceived to be portrayed as logical, highly structured and formal, composition of law essays is much as the same as any other essay writing.

"The manipulation and use of language are at the heart of the common law legal tradition" (Webley 2013, p. ix).

There several features that, in one way or another, distinguish legal essays from essays written in other disciplines. Probably the most crucial difference is the use and control of language. Law essays should be written clearly, concisely and with precision. For example, a lot of emphasis is placed on the use of simple English. This is because much of the subject matter is complex and needs to be communicated clearly to a specific audience. Words should be chosen carefully and the use of clichés should be avoided. The following table summarises some of the other similarities and differences:

The best way to become familiar with the expectations of a good legal research essay is to read some articles in legal journals, taking note of style, tone and citation.

Is your essay writing clear and concise?

Clarity has been described as the most basic and paramount goal of legal writing (Baron & Corbin 2016, p. 70). Not only must your reader be able to understand the contents of your essay, they must be able to easily identify your position and follow your logic. In other words, you need to ensure that your writing makes its point efficiently and with an appropriate level of detail so as not to waste the time of your reader.

When it comes to the editing stage of your writing process, you should ask yourself the following questions:

• What information does the reader need?
• Is the work organised clearly so that the reader can find the information they need easily, and understand the points made?
• Is the language used clear and appropriate for the audience?

Like an essay written in the humanities or social sciences, it's important to make sure you take a clear position and have a clear thesis statement and signposting in the introduction (macro level). It is also important to make sure that your headings and topic sentences accurately reflects the sequence of the ideas presented in your signposting (micro level). Have you used clear and descriptive headings and subheadings? Are paragraphs and sentences connected smoothly? Do paragraphs build on each other or introduce new topics? Do your topic and concluding sentences reflect such transition?

For more information about essay argument and structure, see our page on essay writing .

Baron and Corbin (ref) recommend the following tips for achieving clarity:

• Use ordinary words and simple sentence structures. Avoid legalese (the use of Latin words; overcomplicated sentences; legal jargon) and keep sentences to no more than 22 words, although this should not be adhered to rigidly.
• Vary sentence structures, vocabulary and sentence length. This creates a more natural flow that helps maintain the reader's interest. Vary sentence length to create a rhythm and interest in your writing.
• Develop your own voice. The aim of good legal writing is to develop an authentic professional voice, one that has character and individuality. This is something that helps to engage the reader. Achieve this by using an active voice.
• Pay attention to tone. Tone, according to Baron and Corbin (p. 74), is the expression of the writer's attitude towards the subject, audience, and self. In legal writing, the tone should be clear, concise, confident and courteous. While legal writing must be sophisticated, it should not be pretentious, and while courteous, should not be overly familiar or informal.
• Presentation matters. Good presentation of your written work can make reading easier and more engaging for your reader. Things to consider include text alignment, use of headings, spacing, and fonts. Information regarding formatting can be found in the AGLC. Make sure you proof read your work, paying attention to matters of style, presentation, and citation.

Making summaries

Summaries are an important tool when studying law because they enable an efficient and effective way of preparing for assessment items and exams. They can be used to help you identify what you know and what you don't know. Creating clear and well-structured summaries saves time and helps you produce neat, tight arguments backed up by relevant cases in your answers. Your examiners will appreciate this.

It is essential for you to put in the effort to produce your own summaries. Don't rely on the summaries prepared by others. These summaries may be useful to you, but will normally only be a useful supplement to your own studies. You have to spend time reflecting and pulling apart what you have been taught and building it up into a framework that you can use to complete your assessments.

Different summaries will work for different people. Find what works best for you!

There is no one way to write a summary. When you are summarising, you are collating information from lecture notes, tutorial notes, cases you have read and the textbook reading you have done. In some courses, you will be provided with reading lists. You can use these lists as a way of organise or planning your summaries. Reading lists are typically based on topics you will cover in lectures and cases relevant to these topics.

You should aim to write you summary twice. The first summary should be like the rough draft of an essay. At this stage you are gathering ideas, listing key concepts and principles, using headings to structure your notes, and potentially useful flowcharts. You should aim to do this at least 6 weeks or so before the exam. This will ensure that you:

• Give yourself plenty of time to revise;
• Know that, if there is an emergency, you will have something prepared;
• Force yourself to consider ideas more than once and refine what you have;
• Begin working on the overall conceptual framework of the subject.

Make sure you practice using your summary before the exam. One of the other good ways of preparing for an exam is to do past exams. You don't need to wait until you have completely finished your summary before trying some practice questions. As you work through the exam questions you may be able to add to your summary.

For information about preparing for exams, see our page on exam preparation .

What makes a good summary?

• A good summary is typed and clearly formatted. Organisation is key. You need to be able to glance at each page in order to find what you are looking for. If each page is well set out you can read to the point instead of around it.
• They use bullet points and avoid using full sentences. This makes finding information in an exam easier. Write in a way that makes sense to you.  
• They contain information to help you locate the original source. Provide full references, including case names and page numbers, where necessary. The additional effort required is well worthwhile since it can be used later.
• They make good use of the abbreviations and key phrases. Abbreviations are excellent shorthand because they save a great deal of time and writing space. Develop your own system and use them consistently when making notes.
• They use visual aids, colour, and highlighting effectively. Flow charts, diagrams and other visual aids, such as tables, can help you understand a concept or case. A summary which makes good use of colour is easier to read and use. Decide what is right for you and use it consistently.

Preparing case notes

A case note is similar to a summary in that both require you to summarise information that will be useful when it comes to completing an assessment or preparing for an exam. The differences between a case note and a summary is the breadth of subject matter covered and the fact that a case note requires taking a position and evaluating the value of a particular case. In terms of breadth, a case note should focus on a single case, while a summary address a wider area of the law, focusing on a collection of issues, cases, and legislation. A case note can be included as part of a summary.  

Case notes are a common method of assessment in law subjects because they are typically short and useful when constructing legal arguments. The purpose of legal case notes is to summarise and synthesise "the pertinent parts" of a legal judgment, including the facts, issue(s), and reasoning that went into court's decision making process (Corbett-Jarvis & Grigg 2017, p. 148). What they require you to do is thoroughly familiarise yourself with a notable court decision or statute and its legal context. This generally means examining the relationship between the decision and the existing case and/or statutory law, discussing important issues, cases, and legislation within that area.

Case notes tend to focus on important changes or interpretations of the law in certain cases. This is what makes them notable in some sense. When writing a case note, you should ask yourself what makes this case significant in the context of your course:

• Does it represent a significant departure from precedent?
• Does it represent a significant area of concern?
• Does it represent a first of its kind?
• Does it represent an abandonment of logical reasoning?
• Does it represent a precedent with long lasting effects?

A case note requires you to take a position (make an argument) and critically analyse the significance of the case in question. As Baron and Corbin (2016, p. 91) write, "[b]y articulating and arranging the information contained in cases... the writer can influence or persuade others to think in a more detailed way about the legal reasoning process". 

How can I structure my case notes?

When writing a case note, the emphasis should be on being as clear and concise as possible. There is no definitive structure for a case note, but the following provides a flexible guideline of the common features. As a general rule, HIRAC should be used to compile and organise case notes.

Introduction

You should begin by briefly introducing the area of law, the legal issue(s), and what was decided. Indicate your line of argument: was this a significant decision? Does the decision create legal precedent, or uphold legal precedent? Explain the significance of the case, which should also indicate the organisation (or signposting) of the case note.

Identify the important, relevant facts of the case and, if appropriate, its background. This section will generally be more descriptive rather than analytical since you are just identifying the parties to the case (e.g. buyer, seller, employer, employee), procedurally significant facts, and the arguments that were put forward on behalf of both parties. Significant conflicting evidence should also be briefly noted. Keep it as short as possible.

In this section, you should provide the reader with an outline of the court's holding (i.e. the court's decision) on each relevant issue, as well as the court's reasoning. What is the legal rule essential to the decision in this case? Were comments made by the judge that are not directly related to the decision in this case, but may be important to issues raised in other cases? Reasoning is the way in which the court applied the rules/legal principles to the particular facts in the case to reach its decision. Indicate whether there was dissenting judgement and what reasons were provided for dissent. In closing this section, relate the selected case to the prior law to illustrate how, if at all, the selected case affects prior law.

This is the most significant section of your case note: this is where you demonstrate your critical analysis and evaluation of the case in your own words. In other words, this is you provide your argument. Start by stating the existing and the major developments both supporting and opposing the decision of the court. Then critically analyse the court's reasoning and decision. The analysis should be presented logically and be signposted accordingly. If appropriate, attempt to predict the impact the case will have on future decisions. Address any ambiguous statements made by the court, and questions the court left unanswered. This section affords you the opportunity to demonstrate legal skill and prowess by dissecting the case and raising important issues involved.

These are useful questions to use when it comes to writing your analysis:

• Was the court's decision appropriate and persuasive? Was the court's decision influenced by policy issue or particular values?
• Does this decision change/conform with existing law? Was the reasoning consistent with previous reasoning in similar cases? Is it likely that the decision will significantly influence existing law?
• Did the court adequately justify its reasoning? Was its interpretation of the law appropriate? Was the reasoning logical/consistent? Did the court consider all/omit some issues and arguments? And, if there was omission, does this weaken the merit of the decision?
• What are the policy implications of the decision? Are there alternative approaches which could lead to more appropriate public policy in this area?

Your conclusion should summarise the main points of your analysis and reiterate the significance of the case. If your finding is that the decision creates legal precedent, or conversely, upholds legal precedent, what does that mean? What are the wider implications of this case? The length of the conclusion depends on the argument being made. If you reach the legal conclusion in a previous section, a brief summary is sufficient.

Reference List

Baron, Paula, and Lillian Corbin. Legal Writing: Academic and Professional Communication . South Melbourne, Vic: Oxford University Press, 2016.

Campbell, Enid, Richard Fox, Melissa de Zwart. Students' Guide to Legal Writing, Law Exams and Self Assessment , 3 rd Ed. Annandale, NSW: Federation Press, 2010.

Corbett-Jarvis, Nichola, and Brendan Grigg. Effective Legal Writing: A Practical Guide , 2 nd Ed. Chatswood, NSW: LexisNexis Butterworths, 2016.

Macken, Claire. Law student survival guide: 9 steps to law study success, 2 nd Ed. Rozelle, NSW: Thomson Reuters (Professional) Australia Limited, 2010.

Webley, Lisa. Legal Writing , 3 rd Ed. London; New York: Routledge, 2013.

Other assessments

Annotated bibliography

Creative writing

Critical review

Policy brief

Writing in Psychology

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'Don't just vomit on the page': how to write a legal essay

Law lecturer Steven Vaughan explains why the best essays take discipline, editing, and teamwork

W hen Steven Vaughan, a senior law lecturer at University College London, asked students to mark a previous fresher’s work , their feedback was brutal. It just about scraped a 2:2. The students were therefore shocked to discover this “really bad essay” was written by Vaughan himself during his time as an Oxford undergrad. The reassuring point Vaughan was trying to make, of course, is that students shouldn’t worry if they are not turning in perfect essays from day one. Like any skill, essay writing requires practice. Here, Vaughan offers his advice:

MJ: How do law essays differ from other subjects?

SV: All essays are about communicating a message to a particular sort of audience, so we are looking for structure, logic, and narrative. It’s the law that makes the difference, though. New students often haven’t studied law before and are not aware of its nuance. Writing a law essay is about digging deep to uncover uncertainty and complexity within the law, and to use this to argue a position.

Students always ask, ‘What should our essays look like?’ I tell them they should be writing like the academic articles we give them to read. Obviously that’s a difficult ask on day one, but those should be a guide.

What are the most common mistakes students make when writing law essays?

There are three common mistakes. The first is students not answering the question we set. This happens for lots of different reasons – either because students are stressed and they misread it, or they don’t understand it. But whatever you do, don’t just vomit on the page. You need to think about what exactly we are asking.

Secondly, don’t write your essay like a murder mystery. I often find I don’t know where an essay is going or what the conclusion is going to be until I get to the very end. The most common thing I write in capital letters is, ‘What’s your argument? What are you saying?’

The third common mistake is an argument lacking authority. Students will often put forward propositions that are intelligent and well reasoned but don’t connect back to the law. What’s the bit of statute, case law or legal academic that you are using to evidence the claim that you are making?

What’s the best way to start a law essay?

Often introductions are long and rambling. If you can set the right tone at the beginning, it makes all the difference. I tell my students to do three things in their introductions. First, give it a context: frame the issue for the reader and for the question. Then set out your argument. And then do some signposting: tell me what is going to happen over the next three paragraphs or the next three pages.

What’s the best way to approach research?

Students don’t ask us enough for guidance on how to direct their reading. The reading list is almost always split into two parts – the required reading section and the further reading section. The required reading is stuff we just expect you to know, it’s a given. Additional reading is for when you have time, these are things you should explore.

Law students always complain about how much work they have to do. But what they don’t do is form study groups to help each other prep. One of my first-year messages is that law isn’t The Hunger Games. There is no reason why you can’t all do well. So why don’t you share the reading between you?

What really impresses me is when students divvy up the additional reading, when students create Facebook or WhatsApp groups and share knowledge among themselves.

How do you best manage your time?

My advice is always do as I say, not as I did. I was a student who was awake all night, cramming for exams and finishing my essay at 6am for a tutorial at 9am. The better advice is to try and treat your law degree like a job. So think about working 8-4 or 9-5. You shouldn’t be working in the early hours of the morning or at the weekend. That requires quite a bit of discipline. Have a timetable that you stick to.

When you think you have finished a piece, physically walk away from it, get some fresh air, go to the gym – whatever it is you do. It’s only when you come back to it later that you will notice all the imperfections and mistakes.

You have also got to build in time for getting feedback from other people, whether it’s friends, family or other law students. Give it to someone who is going to be brutally honest.

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Home » Blogs, News, Advice » Career Advice » 14 Legal Essay Writing Tips [OR] How to Write and Win Law Essay Writing Competitions

14 Legal Essay Writing Tips [OR] How to Write and Win Law Essay Writing Competitions

• Apr 7, 2014
• No Comments

By Tanuj Kalia

A friend on Facebook asked me about this on Facebook. I gave whatever ‘general’ advice I had to offer. She liked it and hence this “Legal Essay Writing Tips” post on Lawctopus.

Pre legal essay writing tips

A lot of essay writing competitions, even those with huge prize monies, receive very very few entries .

Out of the 25-30 entries that are received in an average essay competition, half are pathetic.

The odds that a well-written, well-researched essay wins the big prize money is pretty good.

Read ‘about’ the essay competition in detail.

Do read the brochure or the website carefully even before starting to write.

Know about the organisation which is organizing the essay competition, about what they are expecting, the rules, regulations etc.

Before starting to write an essay you should ideally consult a competent faculty member, unless of course, you yourself have made a project on it.

If you can find no faculty member with that subject as her specialisation, ask her to refer you to another faculty or a senior researcher.

Discuss the subject/essay topic with him/her. This will save you a lot of time and effort.

^ This will be your Bible.

On the Essay Now

Read extensively and from various sources on the subject. Take notes.

This can easily go on for 4 days-2 weeks depending on the subject.

Based on your extensive reading, decide upon the draft topic you are going to write on.

Make a brief, draft structure/table of content s.

Now read intensively on the topic, sub-topics.

Read only from high quality, authentic sources now.

Write with a flow, without any editing. Keeping writing. Do not revise for now .

Writing is hard and you would not want to stop that.

Be precise . Make each sentence count. Make each word count.

Make sure that your essay contains an argument . That gives a strong voice to the essay.

Your arguments are backed and strengthened by the sources you cite.

Cite properly. Sources from the internet should not make all of your citations. Books are still wonderful and scholarly.

After having written and written for long, edit ruthlessly .

Edit for words, sentences, paras, chapters.

Don’t keep words just to meet the word-count.

Check again for any errors in spellings, grammar, sentence construction etc.

If a sentence sounds confusing, re-write it.

After it’s done

Get a friend or a faculty to read your essay.

It serves as an important second revision . Ask for inputs too.

Give your essay a kick-ass title .

Give your chapters/sections kick-ass sub-titles too. Make the reader want to read your essay.

Make sure the essay looks neat .

Formatting gives the essay a good packaging and makes it stand-out from the crowd.

More tips are on this Legally India write-up here .

Download some prize-winning essays from SpicyIP  here .

Buy the book called ‘Elements of Style’.

Make Chicago Manual of Style your Bible.

Get a brand new kind of individual  essay help  on ThePensters.com.

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