Introduction
A law essay is a formal academic paper that requires a focused analysis of legal principles and their practical application. It differs significantly from other forms of writing due to its requirement for technical accuracy, reliance on specific legal terminology and case citations, and its emphasis on a clearly structured argument. The core of a strong law essay rests on a robust understanding of legal concepts and their interplay, the capacity to build arguments using field-specific terminology, and a professional, authoritative tone. Therefore, the structure of a law essay must allow for a progressive buildup of concepts, supported by examples and authoritative references.
Understanding the Solicitors Qualifying Examination (SQE) and Its Demands
The Solicitors Qualifying Examination (SQE) is a key factor influencing legal education and the required analytical standards. The SQE, which has been developed and is assessed by Kaplan, has replaced the Legal Practice Course (LPC) as the primary route to qualification for solicitors in England and Wales.
This examination requires candidates to display a level of practical expertise while still retaining rigorous adherence to legal fundamentals and core legal knowledge. Therefore, a law essay crafted with the SQE in mind must emphasize clear, practical applications of the law. Furthermore, candidates should note that the SQE has two key assessments; SQE1 which assesses functional legal knowledge, whilst SQE2 assesses legal skills in practice. Therefore, a sound essay should be able to show an understanding of how theory and practice are interlinked, as it will require candidates to demonstrate both elements.
Core Elements of a Successful Law Essay
An essay for legal studies should not only show a detailed knowledge of the key concepts at play but should also provide analysis and arguments which demonstrate a clear grasp of complex and nuanced ideas. The construction of an effective law essay can be broken down into several key components, which must be present in any effective legal academic piece. These components include:
- Clear Definition of Concepts: Every key term and principle should be clearly defined at the beginning of an essay. This requires using appropriate legal terminology and defining terms in a way which is understood by experts and non-experts alike.
- Structured Argumentation: A law essay should present an argument clearly with supporting analysis rather than merely explaining the law. A structured argumentation approach with a clear introduction, supporting body, and a concise conclusion must be adhered to.
- Use of Authority: The strongest legal essays are those which are clearly based on authoritative sources such as case law and statute. Every claim should be supported with an authoritative citation to demonstrate the veracity of the claims made within the body of the text.
- Application of Law to Practical Scenarios: An abstract understanding of the law is never enough in a law essay. Instead it is also necessary to make reference to the practical application of the law, with some examples or hypothetical illustrations to demonstrate its relevance.
Case Law Analysis: A Central Component
The use of case law as a basis for analysis is a fundamental aspect of a well crafted legal essay. Law is a system of precedent and therefore any analysis must rely on key cases to support the arguments being advanced. In cases, it is important to show an understanding of its facts and its legal significance and the application of such cases to the matter being analysed. The case of Robinson v Harman is a well known example of a case which is central to the law of contract. This case states that when there is a breach of contract, the victim of the breach will, where possible, be placed in the position as if the contract had been performed. Cases of this kind are known as “seminal” cases, those which provide the necessary backdrop for all other cases that relate to it. It would be incomplete to discuss the legal principle established in this case without making a reference to it. In addition to the core principles behind a case, it is also necessary to identify any ‘ratio dicta’ (the binding part of the case) or any ‘obiter dicta’ (persuasive comments from the judges, but which does not form part of the binding judgement). Case analysis is also required for any critical evaluation of the law; cases such as Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd are ideal to demonstrate how the English courts approach issues of fairness and good faith in contracts.
Specific Examples in Legal Analysis
The above points are general in nature. The following section will look at some specific examples, which highlight some specific areas of legal research and analysis that are considered essential to a well written law essay.
- Breach of Contract and Expectation Loss: A discussion about damages for breach of contract should use the classic case of Robinson v Harman to explain the law. Subsequent modifications of the law can then also be analysed such as the effect of remoteness principles as stated in Hadley v Baxendale and the duty to mitigate a loss, as illustrated by British Westinghouse Co. v. Underground Electric Railways Co. of London Ltd.
- Consensus and Contract Formation: In discussing agreement, a student must be able to discuss cases such as Smith v Hughes and Centrovincial Estates PLC v Merchant Investors Assurance to demonstrate the objective view of consensus. Crucially, these should not merely be cases that are explained, but rather the cases should be used as tools to build an argument.
- Mistake and Contract: The issues of mistake are complex. An appreciation of the different types of mistake; common, mutual and unilateral, must be highlighted through cases such as Smith v Hughes and the ‘snapping up’ doctrine, with reference to Hartog v Collins and Shields. These should also be explored through a comparative analysis with different jurisdictions (such as Barry Nicholas’ work on French Contract Law.)
- The Concept of Terrorism: Analysis of terrorism laws requires the use of relevant legislation as well as case law to highlight and evaluate its purpose and its limitations in the modern era. A critique of the broad definition of terrorism as stated in s1 of the Terrorism Act 2000 requires reference to cases such as Secretary of State for the Home Department v E , R v F and R v Gul.
- Consensual Harm and Individual Autonomy: The highly topical debate about consensual infliction of harm must be evaluated through case law analysis. In particular, the case of Brown must be examined closely. Its relationship to arguments from Mill and Horder must also be explored.
Conclusion
The effective construction of a law essay requires a clear understanding of fundamental principles, a capability of constructing structured arguments based on case law authority, and the ability to provide relevant examples to validate and highlight core points. A carefully balanced combination of these qualities, supported by credible and authoritative resources, will enable a prospective solicitor to demonstrate the level of analytical ability required for higher level legal study, and will thus equip them to successfully navigate and complete all of the stages within the SQE.
