Part 1: Deconstructing the Question
Before you open a single book, you must understand what you are being asked. Law questions generally fall into two categories: Problem Questions and Essay Questions.
1. The Problem Question (The Scenario)
- The Task: You are given a fictional scenario involving characters (e.g., "Alice sells a car to Bob..."). You must advise one of the parties on their legal rights.
- The Strategy: Do not write an introduction about the history of contract law. Identify the legal issues immediately. Focus on the application.
2. The Essay Question (The Theory)
- The Task: You are given a quote or a statement (e.g., "The law on murder is in chaos. Discuss.").
- The Strategy: You must engage with academic debate. You need to read journal articles, critique judges' reasoning, and offer a reform proposal.
Part 2: The Research Phase (Finding Authority)
In law, your opinion doesn't matter unless it is supported by authority. This is the "Black Letter Law" approach.
Primary Sources
- Statutes: Acts of Parliament (e.g., The Theft Act 1968).
- Case Law: Judgments from the Supreme Court or Court of Appeal (e.g., R v Ghosh).
- Tip: Always look for the most recent case that "distinguishes" or "overrules" previous ones.
Secondary Sources
- Journals:The Law Quarterly Review, The Modern Law Review.
- Textbooks: Use these for understanding, but cite journals for higher marks.
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Part 3: Structuring Your Essay (The IRAC Method)
If there is one thing you take from this guide, let it be IRAC. This is the industry-standard structure for legal writing.
I - Issue
Identify the legal problem.
- Example: "The primary issue is whether Alice’s silence constituted acceptance of Bob’s offer."
R - Rule
State the law relevant to that issue. Quote the case or statute.
- Example: "The general rule, established in Felthouse v Bindley (1862), is that silence cannot amount to acceptance."
A - Analysis (The most important part)
Apply the rule to the facts. Don't just repeat the rule; argue why it applies (or doesn't).
- Example: "In this case, although Alice remained silent, her conduct in driving the car suggests acceptance by conduct, distinguishing this scenario from Felthouse."
C - Conclusion
Give a definitive answer.
- Example: "Therefore, it is likely that a valid contract exists."
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Part 4: Critical Analysis (The "First Class" Difference)
To get a First (70%+), you must go beyond explaining the law. You must critique it.
How to Critique the Law
- Is it fair? Does the law protect the vulnerable?
- Is it clear? Are the judges confused? (e.g., The law on joint enterprise).
- Is it outdated? Does an Act from 1861 still apply to the internet age?
Use phrases like:
- "However, Lord Bingham’s dissent in this case suggests..."
- "This decision has been widely criticized by academics for creating uncertainty..."
Part 5: Mastering OSCOLA Referencing
Law has its own referencing language: OSCOLA (Oxford Standard for the Citation of Legal Authorities). It is unforgiving.
The Basics
- Cases: Case Name [Year] Volume Report StartPage.
- Donoghue v Stevenson [1932] AC 562.
- Statutes: Short Title Year, section.
- Human Rights Act 1998, s 6.
- Footnotes: Citations go at the bottom of the page, not in brackets in the text.
Missing a full stop or italicizing the wrong word can lose you marks. If you are thinking, "Write my law assignment because I can't handle the footnotes," you are not alone. Precision is exhaustive.
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Conclusion
Writing a law essay is a rigorous intellectual exercise. It requires you to be a detective, a historian, and a philosopher all at once. By mastering the art of deconstructing the question, conducting targeted research, and applying the IRAC structure, you can transform your legal knowledge into persuasive, high-scoring essays.
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Frequently Asked Questions
What is the difference between a problem question and an essay question?
A problem question asks you to apply the law to a fictional set of facts to advise a client. It tests your ability to use the law practically. An essay question asks you to discuss a specific statement or area of law theoretically. It tests your ability to critique the law, analyze academic opinions, and suggest reforms. You need different writing styles for each; problem questions are practical and concise, while essays are discursive and critical.
Do I need to read every case I cite?
Ideally, yes, but in reality, it is often impossible to read every single judgment in full. You should read the full judgments of the key "seminal" cases (like Donoghue v Stevenson). For other cases, reading the case summary or the "headnote" in a law report is usually sufficient to understand the principle. However, for a First-Class essay, quoting directly from a judge's reasoning in the main judgment is very impressive.
Why is OSCOLA referencing so difficult?
OSCOLA is difficult because it is incredibly precise. Unlike Harvard, which puts citations in the text, OSCOLA uses footnotes. It has specific rules for how to abbreviate journals, how to cite European cases versus UK cases, and even where to put punctuation. The goal is uniformity and clarity, allowing any lawyer to find the source immediately. It takes practice, but mastering it is essential for any law student.
Can I use the first person ("I") in a law essay?
Traditionally, law essays were written in the passive voice ("It is argued that..."). However, modern legal writing is shifting. Many universities now accept or even encourage the use of the first person ("I argue that...") because it makes the argument clearer and more direct. Always check your specific module handbook or ask your tutor to be sure of their preference.
How many sources should I include?
Quality is more important than quantity in law. Citing 50 irrelevant cases is worse than citing 10 relevant ones that you analyze deeply. However, for a standard 2,000-word essay, you should aim for a good mix: perhaps 10-15 key cases, 2-3 statutes, and 5-8 academic journal articles. This shows you have engaged with both the primary law and the academic commentary surrounding it.
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