Legal Writing Skills 1

Maximize your Marks

What is it all about?

• Do you write essays or answers to problem questions
without understanding what you are suppose to do?

• Do you know how marks are awarded for written work?

• Do you want to do better in your legal writing

assignments?

Legal Writing:
1. Understanding Problems
2. Understanding Assessments
3. Research Law
4. Identify Issues
5. Plan Answers
6. Write and Present Issues - -
References
7. Polish   

Understanding Problems

Spend time reading the question and checking that you understand it. Ask
yourself

• What do I have to do?

• How do I have to do it?

• What information do I need to include?

• Is it an ESSAY or a PROBLEM question?

What is the point of an ESSAY question?

Essay questions examine your understanding, and your considered and

evidenced views, of an area of law. You answer should:-
 • Display your considered response to the question,
weighing up competing view points.
AND
Show how you reached your conclusion, with the
evidence you have drawn upon to come to your final
view.
Essay question task:-
• Contrast: consider the similarities and differences
between issues

• Criticize: think critically, argue against a proposition

but concede valid alternatives.

• Discuss/Do you agree?: define issues, consider views

and develop considered stance.

• Evaluate: consider evidence of differing views, present

your opinion on validity of issues.

• Explain: research topic, define issues, outline their

nature and implications.

• Outline/Summarise: give the main points without

getting stuck in detail.

What is the point of a PROBLEM question?

Problem questions set out the facts of a given situation. You act as a barrister,
giving legal opinion to the party or parties to assist them in deciding what
legal action they should take.

Problem questions test your ability to analyse the facts in the scenario and
work out:-

• What facts are agreed or accepted by all the parties?

• Which facts are disputed or must be discussed?

• Which facts are important but not present?

Problem question task:-

• Diagnose legal issues that are relevant to the parties.

• Provide a considered response on the likely out come

of each point of view.

• Understand the law, referring to cases, statutes and

other legislation.

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 • Explain the likely outcome of the case if it proceeded to
court.

• Identify the remedies the client could hope to obtain.

• Suggest how the client should proceed.

Legal Writing Skills 2 - Planning your Answers

Understanding assessments

To maximize your chances of achieving a good mark in an assessed piece of work

you should have an understanding of:-

• The specific task that has been set (from the question
and/or instructions for assessment).

• How the written work will be assessed (the

assessment criteria).

• How the written work will be graded (the grading

criteria).

Assessment Criteria – get hold of a copy of your course Assessment Criteria.

E.g., in a particular exam, students may need to:-

• Identify relevant issues

• Demonstrate knowledge of relevant topics

• Show evidence of research and reading

• Applying relevant principles

• Present a coherent argument

• Communicate clearly, in good English

• Correctly reference other work.

Grading Criteria

Third
Identify the main issues.
Apply some relevant material
Cite facts
Provide a reasoned argument
First
Identify all or most relevant issues
Apply all or most relevant material
Synthesize facts and knowledge
Show a reasoned argument

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Demonstrate familiarity with subject Demonstrate exceptional command of
subject.
Use adequate presentation skills Use high level presentation skills.
Answering questions – before you start writing you need to understand the
task that you have been set.

• READ THE QUESTION

• What am I being asked to do?

• Look up any word you do not understand?

Research the Law:- Use the Routledge – Cavendish

Legal Research Skills Guide to find relevant legal
information.

Identifying Issues:- make a list of key issues that appear to relate to the question
Use:-

• Lecture or tutorial notes on the topic

• Your set textbook or other recommended text
• Your wider research findings

Key issues are principles or concepts, not details or reams of facts. They include

• General principles
• Theories
But NOT
• Cases
• Statutes
• Details of theories

Organizing your ideas is a form of essay planning ensuring, your finished answer
will be easy to write.

• List the issues you have identified and number each one.

• Write a sentence next to each issue, explaining what it is

about.

• Note down any evidence you will use to support your

discussion (e.g. cases, statutes, quotes) alongside the
relevant issues.

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 • Write a sentence by each issue stating how you think it is
relevant to the question.

• Check that the issues are in a logical order, reorder if

necessary.

Legal Writing Skills 3 – Writing and References

Writing your introductions – set out your approach to answering briefly the issues
you will cover. If you cannot do this, then you are not clear on how you are
going to approach answering the question and should go back to the planning
stages.

Writing the Middle Section – the middle section of your essay is made up of
series of paragraphs, each corresponding to one of the issues that you set out in
the last stage.

1. Organise your ideas into paragraphs, each containing one issue.

2. State what the issue is at the start of each paragraph.

3. Develop and discuss the issue within the paragraph providing evidence for
the points you make.

Using Evidence – evidence adds weight to your arguments, showing that what
you are saying is true

• Never make an assertion if you donot have the evidence to back it

up.

• Evidence may come from cases, statutory references, quotes or

ideas from academic work.

• Always state the point you are making before providing the
evidence.

Writing the Conclusion – when you have exhausted all the issues on your list,
and provided evidence to back them up, you need to conclude your essay with an
answer to the question in summary form.

• Draw the issues and their relevance together.

• Use the points you have made at the end of each paragraph to
construct your conclusion.

Referencing – referencing attributes work you have used that belongs to

someone else. It allows someone else to look up the other person’s work and

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read it. Poor referencing can lose you marks, or put you under suspicion of
plagiarism. Find out what type of referencing is used by your institution.

How to write up references

Books - Author surname, initials, Title of the Book, edition (place of

publication, publisher;
year of publication)

e.g. Slapper, G and Kelly, D, The English Legal System, 9th Edition
(London: Routledge – Cavendish, 2008)

Journal Articles – Author surname, initials, title of the article (yr) volumes
number, Journal
title page reference.

e.g. Webley, LC, ‘Pro Bono and Young Solicitors Views from the
Frontline’ (2000)
Vol. 3 (2), Legal Ethics 152 – 168.

Cases - Name of the case (in full) [yr], volume of the law report, Law
Report abbreviation
page reference.

e.g. Attorney General Vs Guardian Newspapers Ltd. (No. 2)

[1990] 1 AC 109.

Statutes - the full name of the Act including the year of enactment plus the
section to which
you refer .

e.g. Human Rights Act 1998, S1 (indicating Section 1)

Polishing Your Writing – the way in which you communicate your ideas is
important. Finishing and polishing your answers before handing it in to be
marked will make the most of all the work you have already done.

• Finish your draft

• Leave it alone for 24 hrs
• Check the entire draft

Read the whole draft and ask yourself

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 • Have I answered the question?
• Do I need to rearrange the order of the ideas?
• Have I explained where my arguments are going?
• Have I grouped together ideas that point in one direction?

Read each paragraph and ask yourself

• Have I stated the point I am making?

• Have I explained my point?
• Have I provided evidence to back up my points?
• Have I cited all my sources?
• Have I rounded off the point by explaining its relevance to the
question?