Legal Essay Writing: Key Elements for a Successful Essay

History/Background

Is the question at issue well stated? Is it clear and unbiased? Does the expression of the question do justice to the complexity of the legal matter at issue?

Does the writer cite relevant evidence, experiences, and/or information essential to the issue?

Does the writer clarify key legal concepts when necessary?

Does the writer develop a definite line of reasoning, explaining well how he or she is arriving at his or her conclusions?

Is the writer’s reasoning well supported?

Does the writer show sensitivity to alternative points of view or lines of reasoning? Does he or she consider and respond to objections framed from other points of view?

Does the writer show sensitivity to the implications and consequences of the position he or she has taken?

Simple, to the point, outlines the essay

Includes a hook and creative writing to captivate the reader

Define your topic (who, what, where, when, why, how?)

THESIS: What are you arguing? What is the point you are trying to make?

Information/key terms and concepts about your topic

Write about the historical development of your area of law. Look at ancient law (BCE); old English Common Law; very old Canadian law; old Canadian law (1960s-2000). Save the period of 2000-2020 for your Legislation and Cases sections.

Provide a cursory overview of the other historical literature which addresses the topic, or the contexts in which historians have approached the topic.

Write about which sections of the UDHR/CCRF apply to your topic, and how.

Provide your personal analysis and thoughts about the UDHR/CCRF in relation to your topic.

Identify, define, and examine the relevant legislation (e.g. act, code, law, statute, treaty, convention, etc.). How, exactly, does it deal with your topic?

Provide your own personal analysis. How effective is the legislation? What gaps, if any, exist?

Refer to a minimum of two cases

What do the courts have to say about the topic? What did the judges write?

Tip: when citing/referring to Cases, italicize the case name

Provide your own personal analysis of these cases.

Comment on what legal experts have said about these cases (terrible decisions v. great decisions)

How have these cases changed/modified/furthered Canadian/international law.

What biases (class, gender, ability, race, sexuality, gender, religion, etc.) have shaped the way in which your topic manifested, and how it has been treated/dealt with. How have they played out in relation to your topic? Be specific in addressing them.

How have competing interests shaped the way in which your topic manifested, and how it has been treated/dealt with. Identify different stakeholders and the impacts they have had on your topic.

Provide your own personal analysis and views.

Related to the subject, where would they stand on modern issues?

What would a famous theorist say about your topic?

Apply a famous philosophy/school of thought to your topic.

You could also use views from a “non-famous” modern writer who specializes in your topic.

Your own views and analysis.

Conclusion

Restate your THESIS.

You’ve already taken us through what was and is, now explain, based on your views and ideas, what should be.

What is your prescription for what should come in the future in relation to your topic?

Provide your opinion on your research. Why is this topic important? What problems do we currently face and how should we move forward?