Legal Opinion To: The Law Society From: xxx Re: Mary/violation of standards of professional ethics. Date: 4 May 2016 I. Statement of facts. Mary Smith is an attorney in general practice and accepts the mandate of Sibongile, a client, who has a claim against a property development company, Twin City (pty) Ltd. Mary accepted the … Read more
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Proceduralism justifies the operation of rules, decisions and institutions by reference to the validity of the process through which they are established, as opposed to the substantive outcome of the process ; adherence to established procedure in a proceduralist system is of paramount importance. Proceduralist judicial processes and systems are ones that derive their sense … Read more
Graeme Grant (Claimant) v Russell Bragg (Defendant): (1) Russell Bragg (Part 20 Claimant) (2) Premier Resorts Limited (Part 20 Claimant) v Graeme Grant (Part 20 Defendant)  EWHC 74 (Ch). 1. Mr. Graham Grant and Mr. Russel Bragg were both directors in Premier Resorts Limited, a firm which performed sales and marketing activities for holiday … Read more
Introduction As cited in Macbeth-II, “The attempt and not the deed confounds us” , such was quoted by Shakespeare and may be appropriate to the law of attempt too. The law of criminal attempt falls in the category of inchoate crimes, most of the time known as ‘non-consummate’ or ‘anticipatory’ crimes . The law of … Read more
Among fellow countries of the globe, the United States of America is young; yet it boasts the oldest written constitution still in use today. The United States Constitution not only has deep roots in numerous aspects of the government, but has had immense effects on citizen life since its inception. A notable facet that exemplifies … Read more
Derived from David Wexler and Bruce Winnick’s work on mental health law (1989), therapeutic jurisprudence (TJ) has since been advocated for as a means of improving the psychological wellbeing of those involved in the justice system. This report uses cases observed (as described below) to explore the need for greater consideration of TJ within mainstream … Read more
There is no universally agreed definition of a constitutional court (CC). Yet, it is possible to identify common features emanating from a variety of CCs as a sufficient standard to discuss possible UKSC reforms. There are currently two main CC frameworks; whilst a majority of continental European CCs, including Germany and France, have adopted the … Read more
Introduction Gender equality, as most other types of equality, is a fundamental human right. When speaking of gender equality, one fundamentally speaks of equal opportunity (de jure) and equality of outcome (de facto). Both, procedural equality and substantive equality together will make up an individual’s right to equality. Gender issues have been around since the … Read more
The judiciary has been playing a vital role is the implementation of environmental laws and evolving legal principals to protect environmental pollution as natural and fundamental human rights. The Supreme Court of India has emphasized the need to strengthen instructional machinery both at the centre and at the state to enforce environmental laws. In the … Read more
Introduction The world population is rapidly urbanising, cities are gradually becoming the location at which and the means through which civil and political as well as socio-economic rights are realised. Cities are becoming locations for access to basic socio-economic amenities and essential services. South African cities have changed tremendously over the past twenty years, both … Read more
INTRODUCTION This paper focuses on the role of amicus curiae in commercial litigation. The research endeavors to discuss and analyze both the legal and factual discourses which arise out of various court decisions in view of promoting the relevance of amicus curiae, and particularly with regards to commercial litigation in different countries. This paper shall … Read more
Part A: Case: Texarkana Attorney General v Planned Parenthood of Texarkana I. Summary of the Case The Abortion Clarification Act, enacted by the State of Texarkana, presents numerous changes to previously defined abortion rulings and legislation. Referring to Roe v. Wade, the Act affirms abortion in the early stages of a woman’s pregnancy. The Act … Read more
Basically, foreigner individuals cannot own land in the Philippines, but they can own condominium units provided that the foreign proportion does not exceed the 40% threshold under the Philippine Constitution and specifically RA 4726 or otherwise known as The Condominium Act of the Philippines. They can even purchase a house but not the land on … Read more
Law, morality, and freedom were interpreted by Marx and Engels as invariably an instrument of class dominance. They begin by laying out the history of oppression starting with the “freeman and slave, patrician and plebian, lord and serf…oppressor and oppressed, stood in constant opposition to one another, carried on an uninterrupted, now hidden, now open … Read more
Miller v Alabama was the third case in a line of juvenile sentencing precedents which have greatly influenced the position of youths in our justice system.1 As of 2012, when Miller was decided, over 2,500 people were serving sentences of life without parole for crimes that they committed before they turned 18.2 This injustice is … Read more
On the 10th October 2017, the President of the Generalitat of Catalonia, Carles Puigdemont, declared the independence of Catalonia. This proclamation followed the poll, which occurred on the 1st October, when the Catalan voters voted to answer the following question: “Do you want Catalonia to be an independent state in the form of a republic? … Read more
Parliamentary sovereignty is defined via Dicey as “the right to make or unmake any law what ever, and, further, that no person or body is recognised by the law of England as having a right to over-ride or set aside the legislation of Parliament”. In this essay I will discuss the prose of parliamentary sovereignty … Read more
In 1971, Bruce Ennis argued that “if persons are involuntarily to be confined because of mental illness, the standards and procedures for confinement should guarantee no fewer rights than those afforded criminal defendants” (Wexler & Winick, 1992). In the 1980’s, therapeutic jurisprudence began as an interdisciplinary scholarly approach for mental health law. Scholars were encouraged … Read more
The Case On May 20, 2013, Rodney Class parked his Jeep on the Capitol grounds in Washington, D.C. Class happened to be keeping guns and ammunition—for which he had legal permits—inside the Jeep. While Class was visiting the Capitol buildings, a policeman spotted a blade and gun holster in Class’ Jeep, after noticing that the … Read more
I. Introduction The Fourteenth Amendment to the United States’ Constitution has been in effect since 1868. Ever since this point in history, there has been a multitude of Supreme Court cases of which concern race. Since the 1950s, these cases have been predicated on practices that educational and employment institutions employ as guidelines for their … Read more
Prejudice against women is pervasive to the point that it some of the time surfaces on an exposed scrutiny of the law made by the lawmaking body itself. This is especially so in connection to laws administering the inheritance/progression of property among the individuals from a Joint Hindu Family. This separation was so profound and … Read more
Facts M’Naghten, in January 1843, took a pistol and shot Edward Drummond who he thought to be the Prime Minister. Drummond was fatally injured and he died five days after being shot. M’Naghten was charged with the murder of Drummond but he pleaded not guilty by the defense of insanity. At the trial many witnesses … Read more
Introduction The case in question, Dansk Industri (DI) v Estate of Karsten Eigil Rasmussen C-441/14 (Ajos), is one which concerns the controversial area of the application of horizontal direct effect in EU directive, in this case Directive 2000/78. Although it initially seems simple it is of the upmost importance in terms of legal principle in … Read more
Introduction: Trademark cases are unusual for the United States Supreme Court to take. Facts of Case: Matal v. Tam arose in 2011 from a trademark appeal by the band, “The Slants”. The bands lead singer, Simon Tam, requested for the bands name to be trademarked with the US Patent and Trademark Office (USPTO). According to … Read more
To our modern philosophy regarding law, a British legal philosopher by the name of Herbert Lionel Adolphus or H. L. A. Hart (1907-92) has shaped our view of laws, their purpose as social rules and their relation to language and brought new ideas of interpretation and how social and legal systems may work towards legal … Read more
How to write a law essay
When writing a law essay, bare in mind that most tutors will begin by grading you. Remember that if you are graded with a lower mark and that trend continues to go down as the professor reads; the other paragraphs have a lesser chance to convince them to improve your grading.
It all begins by you, as the student, to understand that writing a law essay is unique to other essays. It needs your expertise, a background in legal matters and knowledge of legal terminologies. In the end, you will be able to build up on your law career by completing this crucial requirement in a law program.
Legal matters will require you as a legal practitioner to be smart and be able to present yourself in a professional manner with top notch eloquence. This means that both your spoken and written communication skills must be of a high caliber. You must be armed with original and current legal terms to maintain the trend of key subject matters in law. Well crafted essays assist you in developing not only your written but also spoken communication skills. The extensive research you will undertake when preparing your essay will armor you with technical terms and current information in law. You do not want to risk your planned long term career at this stage.
Discussed below are the five major steps to follow when writing a law essay.
Prepare yourself to write
Some questions will be presented to you in a complicated manner to test your versatility. Be sure you scrutinize and identify with the essay question to be answered. Know the subject matter of law under which the question has been extracted from. This will assist you in familiarizing yourself with the key terminologies in that context. Following a thorough scrutiny of the essay question, a light will shine on what precise area of the subject matter is to be researched on.
You are advised to ensure that your work is kept relevant all through your writing course. For that matter, you will be required to draft a plot for your paper before starting your writing. Your plan should consist of the various components of your answer to the essay question. This plan often constitutes of the introduction of the subject matter, the body of the essay and a drafted conclusion.
Develop your content
Having prepared a sketch in your mind on how your essay is going to look like, you are now ready to build up on your content. You should be able to access authentic, authorized and relevant legal material produced by renowned researchers, professors and writers; both historical and current. These materials can be accessed from the library, archives, electronic books, journals and internet. Do thorough investigations on the essay question and the key terminologies under the subject matter. Refer to prior case studies to reinforce your arguments while you prepare to give evidence to all the claims you list. However research does not stop when you start writing. Time to time you will be required to go back to your references to extract unclear ideas and information.
As mentioned earlier at the beginning of this guide on “How to write a law essay“, the first impression will be used to grade you. Your introduction should spark the marker to make them want to know more about what you have written. It must be in relation to answering the question rather than simply using jargon that are complex and vague. Avoid being overly specific in your introduction and stick to giving a general view on the subject matter. You should present yourself as having understood the question, and that you have been able to clearly identify the legal aspects that are to be discussed and demonstrate how you intend to answer it. It should not be too lengthy lest the reader gets bored before getting into the body of your essay.
The core of your essay is the body which carries the largest percentage of your essay content. How you tackle it will determine whether your grade is either going to appreciate or depreciate. You should ensure that all aspects of the content of the essay question are reflected in the body. Be orderly in your writing to enable the marker to flow with your opinion. A better strategy is to ensure that in every paragraph you note down includes some legal terms and expresses new points of view. It makes your work look decent and the marker will be able to award you the points you need.
Ideally you need to maintain professional language and tone throughout your project and writing process. Ensure you maintain your eloquence by using grammatically correct plain formal English. It means that you will use the correct legal vocabulary and avoid using short English words like “aren’t” or “won’t”. Nevertheless, ensure you implement the legal analysis all through to enable the marker to understand that every point he/she goes through is based on law. Do not give your personal opinion to avoid being irrelevant and vague.
You might be relevant, but not original with your essay presentation. In this guideline, we earlier noted that writing a bona fide law essay will require thorough legal research from authentic legal material. They assist you to get tangible facts about the law and identify with the current trends in the legal system. This does not prevent you from being original, but as a matter of fact, gives you vast ideas on how to put down your arguments. Keep in mind that legal professors and tutors are knowledgeable in legal material. In fact, there are programs that have been developed to detect plagiarism. You can opt to paraphrase and put citations at the end of each paraphrased statement.
How to end your writing
Your ending should include a conclusion made from your entire work. With a proper introduction and body, you will be able to make an accurate conclusion out of the main points discussed. It can be in form of a wholesome response to your essay question. Ensure you do not introduce any new ideas in your conclusion but present a summary of what you have already discussed. Go through the entire essay to make sure that you have no grammatical mistakes or left a point incomplete. Be sure you include a list of material you researched from in a new page.
Learning how to write a law essay is tough and takes research, time and effort, but if you stick to th five points above you will be well on your way to writing the best law essay within your power.