Wednesday 5 March 2014

How to tackle a law essay/ problem question

In just a few short weeks many of us will be handing in our well-written superbly referenced essays, and for some it will be the last set of essays before it counts towards your final degree classification. Now that is a scary thought. 

But what if you still haven't got the hang of referencing or using Westlaw or just don't know where to start? Then follow this guide to help you tackle that tricky law essay question from beginning to end.
  1. Read the question carefully. It is important you understand which areas of Law it is asking you about. 
  2. Separate the different aspects of the question into manageable chunks, then write down some basic ideas of which areas of law may be used in each section. Make sure you understand every part of the question before moving on.
  3. Make a plan. You may want to do a little bit of research in some of the areas you have written down first. A plan helps you to structure your argument and helps to focus your wider reading, don't forget you can always add to your plan later if you come across something in your research that you think will be relevant.
  4. Research! Research the main points in your plan, remove anything you no longer think is relevant and add things you think are. You can search keywords on Westlaw to find relevant cases and journal articles or use the recommended textbooks for the readings (which often include references for further research).
Here are some things to consider while writing your essay:
  • Write a first draft and then re-write a few days later. This gives you a fresh perspective on your essay and can help to highlight areas that may need some work. You may end up writing several drafts and this is fine.
  • Remember the audience you are writing for- quite often you have to take the reader by the hand and guide them through the essay. This means explaining everything. However make sure you do not use abbreviations such as isn't, it should be is not. Use an impersonal style, like "This indicates that..." not "I think that...". 
  • Acknowledge your sources with footnotes and a bibliography- you can miss some easy marks by not doing this. 
  • Do not make assertions, you must always be able to justify and back up what you say. To do this you should provide a footnote with the reference to where you got this information from. Case law or statute are the most valued and preferred.
  • Do not fall into the trap of just describing the points. The aim of the essay is to engage in a discussion with the reader and analyse the strengths and weaknesses of that area of the law. You are mainly interpreting for the reader the significance of what you have described.
Remember these points and you'll have your essay technique mastered in no time.

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