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How to Write Law Essay Questions

How to write a legal essay question.

A law essay question requires you to make an argument about some aspect of the law. For example, it might ask whether Bloggs vs Smith was correctly decided, how would you reform the law of murder, and so on. This guide provides tips and tricks for improving your legal essay writing skills.

What is the Question Actually Asking You?

The number one rule of answering any law essay question is RTFQ – ATFQ . 

Read the flaming question, answer the flaming question . 

Here is a common complaint by law examiners every year. Many students read the question once, see its on a particular topic, and regurgitate everything they know about that topic. As a result, the student fails to actually provide any kind of answer to what was asked.

If a question asks you to discuss the abolition of life sentences, don’t explain everything you know about murder. Your essay should provide an actual answer: yes, they should be abolished; no they shouldn’t be abolished; or no they shouldn’t be abolished but they should be reformed.  Every piece of information and every line of argument you write should relate to your answer .

Analysing the Question for Greater Depth

Take some time to  analyse the language of the question . You should be asking yourself the following questions:

Are there any  underlying assumptions  the question makes? Should those assumptions be taken for granted, or can you challenge them ? How might this affect your answer to the question?

Are there any  terms in the question that need to be defined , and is there any controversy over the definition of the word or phrase? How might this affect your answer to the question?

Take the following exam essay question taken from an International Law paper. You don’t need to know anything about International law, we are just going to look at the question’s structure and language.

‘The concept of persistent objector is contrary to the entire idea of a general international law common to all states.’ (DUMBERRY referring to CONFORTI) How real is the threat of the persistent objector to general international law? [ Cambridge University, Tripos Part IB Exam Paper May 2012 ]

The quote here raises an immediate issue. What actually is the ‘entire idea of a general international law common to all states’? Unless you establish what the purpose of general international law is, how it is achieved and how it operates, it is impossible to say whether something is a threat to it.

A good answer to this question would explain this. It would then outline the different views on the concept of international law, and argue that one particular view is the best. Only then would the student discuss whether the law relating to persistent objectors is a threat to general international law.

Formulate a Balanced Argument

An essay question requires a balanced analysis of all sides of any academic debate. Do not give an entirely one-sided answer. However, do not do the opposite of this either. A completely neutral, non-committal essay is equally shallow: don’t conclude that both sides have good points without saying one is better.  You need to have an argument .

Start the essay knowing what your argument will be. Work out how you are going to show that you have the correct way of looking at things. Always discuss criticisms that could be made of your points and how you would deal with them. If the other side have strong rebuttals, don’t ignore them: address them and explain why you don’t find them convincing.

The argument should flow and different elements of your argument should be dealt with in different sections. If it helps, use headings to make sure you stick to the point and don’t go off on irrelevant tangents. Every paragraph should start with a statement of what you will argue, and end with you having successfully argued it. If something is not relevant to the flow of your argument, do not put it in.

High-Level Answers and Abstract Thought

Law examiners love an argument where all the sections link together, playing off elements of previous sections and flowing naturally. There is a straightforward way of achieving this. Come up with some underlying, philosophical or policy-based thesis this area of law is based on . Then, think about how you can tie your argument into that.

For example, say you are asked to discuss whether sado-masochism should be an exception to the rule against consenting to ABH . A good answer will first consider: what is the point of criminalising behaviour that only really harms yourself? Is it paternalism? If so, does the law generally take a paternalist approach? Or does it instead generally protect an individual’s liberty to harm themselves as they please? How do the other exceptions to the rule fit into a paternalist or a liberty-based concept of the law?

You might conclude that the law does not follow a coherent principle. If so, you likely need to argue that it needs reform. Or, you might conclude that the law does follow a coherent principle. You might argue that this is a good principle to follow, in which case the law should stay as it is. Alternatively, you could argue that the law should not be based on this principle: it should be based on another. With this done you can answer the question. Sado-masochism should be an exception if it fits the philosophical/policy-based principles that you claim should underpin the criminal law.

This type of thinking helps essay flow. You are linking every stage of your argument to a broader argument about abstract principles. It also means you are evaluating the law deeply, which can greatly enhance your marks.

Using Secondary Commentary

Evidence of wider reading, normally academic articles or specialist books, is necessary for top grades when you are writing a law essay. However, it is important to fully understand the arguments being made, and how they relate to other ideas. You will not get any extra marks for merely saying ‘X argues that Y is true’. You need to be able to explain why X makes this argument and how it might be criticised. Examiners are able to see through this kind of shallow ‘name dropping’.

Once you’ve read an academic article, sit back for a while. Think about how they relate to your own views. Academic arguments should  support  your views, not be a wholesale replacement of them. Don’t do an essay on what X thinks about a subject, do an essay on what  you  think about it. Inform your view with the academic’s analysis, supporting arguments and potential criticisms of your position.

Don’t Hedge Your Bets (and Other Stylistic Tips)

If there’s one thing most law professors hate, its reading a phrase like ‘it seems from the evidence that there might be a possibility of supporting the argument that…’.

Confidence in essay-writing is not something that is stressed enough at school or university. People who aren’t confident are tempted to hedge their bets with language like ‘probably’ and ‘it might be the case’. Resist that urge. If your analysis is correct, the person marking the essay may have doubts as to how firmly you grasp the material if you do not sound confident in your conclusions. If your analysis is not correct, saying ‘probably’ in front of the error won’t help in any case.

Other stylistic tips for writing a professional sounding essay include:

• Avoid contractions (‘don’t’, ‘can’t’), slang phrases and other informal language;
• Avoid the phrase ‘it is submitted that’. This kind of wording is for moots and legal debating, not academic legal essays;
• Try to deal with only one issue per paragraph. This makes the essay less visually intimidating;
• If simple language and short sentences get your point across, use simple language and short sentences. There is a temptation to sound ‘professional’ by using multi-clauses sentences and complex vocabulary. This just makes the essay harder to read.

Cite, Cite and Cite Again

If you are ever making a positive claim about the law, back it up with a citation. What proves your claim? A case? A statutory provision? Cite it. You must assure the marker that you aren’t just making lucky guesses. Many institutions’ grading criteria specify that you can’t achieve anything above a 2:2 with insufficient citation.

Generally there is no need to give the year, report and page number of case-law in exams. However, you should check your university’s best practice guidelines to know for sure.

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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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