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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
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:-
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• Explain the likely outcome of the case if it proceeded to
court.
Understanding assessments
• The specific task that has been set (from the question
and/or instructions for assessment).
Grading Criteria
Third First
Identify the main issues. Identify all or most relevant issues
Apply some relevant material Apply all or most relevant material
Cite facts Synthesize facts and knowledge
Provide a reasoned argument 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.
Identifying Issues:- make a list of key issues that appear to relate to the question
Use:-
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.
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• Write a sentence by each issue stating how you think it is
relevant to the question.
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.
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
• 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.
• Use the points you have made at the end of each paragraph to
construct your conclusion.
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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.
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.
Statutes - the full name of the Act including the year of enactment plus the
section to which
you refer .
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.
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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?