Writing a Law Essay: the Most Essential Steps

In a college legal studies course, and in some law school courses, you may be required to write a research paper addressing a legal topic. These essays can be tricky, because the law is constantly evolving. To secure a top grade, your essay must be well-researched and coherently argued. With proper planning and research, you can write a stellar legal essay.

Choosing the Right Topic

 

Carefully read the assignment prompt. Your professor will provide a prompt or set of instructions about the contents of your paper and how it should be formatted. Your professor may ask you to research and answer a specific question, or give you flexibility to choose your own subtopic within the overall subject matter of the course.

• A narrow essay prompt might read, "Discuss the evolution and impact of the exclusionary rule of evidence in the United States." A broad prompt might read, "Discuss how a civil rights movement led to changes in federal and/or state law."
• If you are invited to choose your own topic, your professor may require you to submit a written proposal or outline to ensure that your chosen topic complies with the prompt. If you are not sure if your topic is within the parameters of the prompt, search for some education paper topics and propose your topic to your professor after class or during his or her office hours.

Read any required materials. Sometimes, an essay prompt will require you to read and write about a certain book or set of materials. Before settling on an essay topic, read any assigned materials, and review your textbooks and lecture notes.

Choose an essay topic of interest to you. It will be easier to write on a topic you care passionately or curious about than one you have on which you have no strong feelings. You will feel motivated to research the issue thoroughly and should enjoy the writing process more.

• If you can, try to focus on an are of the law that affects you. For example, if your family is involved in agriculture, you may be interested in writing about water use regulations.

Researching Your Topic

Identify what types of sources you are required to use. Academic researchers use "primary, secondary, and tertiary sources. Primary sources are firsthand accounts of the subject matter. Secondary sources analyze primary sources. Tertiary sources provide an overview of primary and secondary sources. Your prompt may require you to use a certain number of primary and secondary sources, and may prohibit you from citing tertiary sources entirely. You may also be limited in the number of internet-based sources you can use, and may be required to do a certain amount of library research.

Begin with tertiary sources. Tertiary sources include encyclopedias, dictionaries, guidebooks, and textbooks that distill or collect information from primary and secondary sources. Encyclopedia articles, well-sourced Wikipedia.org articles, and your course textbook should provide an overview of your subject and provide references. Usually, you should not cite to a tertiary source in your essay. Use these sources to find primary and secondary sources.

Look for arguments on both sides of an issue. Law is a political subject, and any law adopted by a democracy is the product of debate. Thus, you should be able to find rich counter-arguments on both sides of any legal issue.

 

  Writing Your Essay

Write your thesis statement. Your thesis statement is the argument you are making. A thesis statements should be phrased as an argument, often using the word "because." For example, "The exclusionary rule furthers justice because it discourages police and prosecutors from infringing on the rights of the accused," or "The exclusionary rule impedes justice because it hampers the prosecution of criminals."

Begin your introduction broadly. Briefly situate your topic within its greater historical context with a broad introduction. For example, if your topic is the exclusionary rule of evidence in the United States, open your essay with the importance and impact of the Fifth Amendment to the Constitution. Finish your introduction with your thesis statement, which is the narrow question your essay will address.  

Develop your arguments. An essay is more than an outline with the bullet points removed. Explain each section of your outline in complete sentences, and remember to do the following:

• State each argument of your essay as a statement that, if true, would support your thesis statement.
• Provide supporting information drawn from primary and secondary sources that support your argument. Remember to cite your sources.
• Provide your own original analysis, explaining to the reader that based on the primary and secondary sources you have presented, the reader should be persuaded by your argument.

Outline counter-arguments. A strong piece of writing always addresses opposing points of view. You should accurately paraphrase any counter-argument to an argument you put forth, and then use evidence and analysis to argue why your reader should be persuaded by your argument and not by the counter-argument.

Write a conclusion. A conclusion briefly summarizes your argument without restating each individual point. It should cement in the reader’s mind a new way of thinking about the subject. Conclude by strongly restating your thesis statement.