You should always endeavour to critique the law, and this is done by providing solid justifications for your criticisms backed by appropriate authorities which may or may not include judicial approaches in cases and academic views in journal articles etc. Many students, when writing law essays, will be criticised for being too descriptive. A descriptive essay is one that simply states what the law is, with little or no analysis of the law.
Essays require critical evaluation of the law. Accordingly, an essay that is largely descriptive will not answer the question being set, and so will struggle to attract even a lower second-class mark. This might sound obvious advice, but many law students are keen to show off everything they have learned, irrespective of whether it is actually relevant to the question.
Answer the question that is being asked — do not fall into the trap of answering the question that you hoped would be asked.
If the question clearly requires discussion of contentious issues within a specific area of law, do so. Any irrelevant material you include wastes time and space that could be spent discussing relevant material, and shows the examiner that you have not fully understood the question. The best answers are always focused, detailed and analyse the topic with precision. Below are a number of pointers that form the fundamental formulae to writing a high quality academic essay in the field of law.
However, with minor changes, these pointers can be used as a guide to writing an essay in any subject discipline. This guide can be applied both as an aid during the process of writing coursework essays and a reminder during exam practice. This is the most basic pointer and one which is told to every student across the land regardless of their level of study. However, the consequences of not reading and understanding a question properly, often something that happens as a relief or through a rush of adrenaline, can mean only half the question is answered at best or, at worst, the answer you provide does not address the question at all.
Academic writing is significantly more than a summary of the law or subject area. Reading and researching around the law is a vital skill and one which develops through the application of skill and practice. Finding sources of information and reading the law quickly: Note down these articles and read them. When reading an article, start with the abstract, then look at the introduction and conclusion, these parts will give you an idea as to whether the article is relevant to your research and whether it is worth reading.
When reading an article, conduct the same exercise you did with the textbook: In this way, with little effort, you will have significantly broadened both the quality and the quantity of your research. It is always tempting to begin writing now that you have read numerous articles and books and have appreciated the significance of the contentious legal issues in this area.
However, this can be dangerous. With a simple but comprehensive plan which outlines your thoughts and the structure you wish to present your arguments, you may find that your essay lacks the impressive structure that is required of a high quality piece of work. Also, without planning there is a danger of contradicting yourself. For example, it is to introduce your argument as leaning towards a particular direction, however, without a plan you may find that the resources and evidence you use in the body of the essay is contradictory to your initial argument but you make no mention of this as you had not planned to do so.
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