law essay thesis

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Research guides, writing academic papers for law school.

• Substantial Writing Requirement
• How to Find and Narrow Your Topic
• Researching for Your Paper
• Other Support for Substantial Writing

The thesis of your substantial writing paper must meet several requirements:

• It must be original
• It must take a position, advance an argument, or propose a solution
• It must be concrete, identifiable, and manageable
• It must be novel, useful, nonobvious, and sound

Your approach to the topic may be descriptive, prescriptive, or both.

You should also do a preemption check on your thesis, which means you make sure no one else has argued your exact same thesis/argument. You research the key terms of your thesis to make sure that no scholarly work comes up in your list of results with the same thesis.

Types of Theses

Most law review theses fit into three main categories: proposing a solution to a legal problem, bringing an interdisciplinary idea into the law, and comparing two or more legal ideas.

Common Arguments

A law review thesis will usually engage in one or more common types of arguments. These may include:

• an argument from precedent,
• an interpretive argument,
• a normative argument, or
• an institutional argument.

For more information about these types of arguments, see Elizabeth Fajans & Mary R. Falk, Scholarly Writing for Law Students 37-38 (5th ed. 2017).

Solution Theses

There are a few helpful ways to think about generating a solution as your thesis.

• This type of thesis might transfer a solution from one area to a new area.
• It might re-categorize claims and facts that have been made elsewhere.
• It might challenge assumptions about an area of law.
• It might extend or modify an existing theory or doctrine.
• It might borrow distinct legal principles to respond to new events.
• It might use analogy and metaphor.

For more information, see Elizabeth Fajans & Mary R. Falk, Scholarly Writing for Law Students 55-56 (5th ed. 2017).

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ESSAY SAUCE

FOR STUDENTS : ALL THE INGREDIENTS OF A GOOD ESSAY

Guide: How To Write A Law Thesis

Guide details:.

• Subject area(s): Law essays
• Reading time: 5 minutes
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• Published: 6 June 2021*
• Last Modified: 25 July 2024
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Writing a law thesis is undoubtedly a challenge. However, getting it right can lay the foundations for recognition as an expert in your field. Therefore, it’s crucial to ensure that you’ve delivered your best effort. This guide contains all the information you need to produce an outstanding law thesis and impress your examiners.

Preliminary Stages

Before diving into the writing process, you must outline your proposal and rationalize the elements of the paper. Here are the key components to detail:

Be specific. Choose something arresting to excite the reader’s interest. You can refine this at the end. A clear and engaging title sets the stage for your thesis, indicating the precise focus and scope of your research.

Strong Statement of Purpose

Clearly state what you intend to achieve. This should encapsulate the core objectives of your research and outline the primary questions or hypotheses you will address. A strong statement of purpose guides your research and helps your readers understand the significance of your work.

Put your work in context. Explain the broader legal framework and the specific issue you are addressing. Providing a thorough background helps situate your research within the existing body of legal knowledge, demonstrating your understanding of relevant laws, regulations, and judicial precedents.

Significance

Justify why your research is needed and its potential impact on the field. Articulate the practical and theoretical contributions your thesis will make, highlighting its relevance to current legal debates and its potential to inform future legal developments.

Description of Your Research

Detail your sources of information and why they are relevant. Explain how you have selected and evaluated your sources, including legal texts, case law, statutes, and academic articles. This section should demonstrate the robustness and reliability of your research methodology.

Literature Review

Demonstrate your knowledge of key texts and articles debating the issues. Summarize and critically evaluate existing research. A comprehensive literature review shows that you have engaged deeply with existing scholarship and can critically assess various viewpoints.

Methodology

Explain the methods you used to support your findings. This could include legal analysis, case studies, or empirical research. Clearly outline your research design, data collection techniques, and analytical methods to ensure transparency and replicability.

Arrangement of Chapters

Outline a logical sequence for your argument, ensuring each chapter builds on the previous one. A well-structured thesis guides the reader through your research journey, making your argument more persuasive and coherent.

Summarize what you’ve proved and highlight remaining questions or areas for further research. Revisit this section at the end to ensure it aligns with your findings. A strong conclusion synthesizes your research findings and underscores their implications.

Practical Tips for the Preliminary Stages

• Start Early : Begin your preliminary stages as early as possible to give yourself ample time for each section. Early planning helps you manage your workload and reduces stress as deadlines approach.
• Be Flexible : While it’s important to have a plan, remain open to adjustments as your research progresses. Flexibility allows you to adapt to new findings and insights that may emerge during your research.
• Seek Feedback : Regularly discuss your progress with your advisor or peers to gain valuable insights and avoid potential pitfalls. Constructive feedback can help refine your ideas and improve the quality of your work.
• Stay Organized : Keep detailed notes and organize your research materials systematically to save time later. Effective organization ensures you can easily access and reference your sources throughout the writing process.

The Exposition

A law thesis requires a straightforward examination of the facts within the legal framework. A logical, convincing legal argument should be developed to underpin your conclusion. You will achieve this by:

Analyzing Relevant Legislation

Examine statutes, regulations, and other legal instruments pertinent to your topic. Analyze the text of the law, its historical context, and its application to contemporary legal issues.

Comparing Case Law

Draw out similarities and differences in judicial decisions to highlight trends and inconsistencies. Compare and contrast key cases to illustrate how courts have interpreted and applied the law.

Referring to Other Legal Authorities

Use treaties, regulations, obiter dicta, and scholarly commentary to support your argument. Citing authoritative sources strengthens your argument and demonstrates your depth of research.

Discussing Legal Commentary

Apply insights from legal scholars to the issues at hand, critically assessing their viewpoints. Engage with academic debates and consider how different perspectives inform your analysis.

Recognizing and Evaluating Counterarguments

Acknowledge opposing views and explain why your argument is more compelling. Addressing counterarguments shows a balanced and thorough approach to your research.

Ensuring Quotes, Citations, and References Evidence Your Work

Properly cite all sources to add credibility and avoid plagiarism. Accurate referencing is essential to maintain academic integrity and demonstrate the reliability of your research.

Practical Tips for the Exposition

• Stay Focused : Regularly relate your points back to the original question to ensure you stay on track. Consistent focus helps maintain the coherence and relevance of your argument.
• Use Clear, Concise Language : Avoid unnecessary jargon and complex sentences. Clarity is key. Write in a straightforward and accessible manner to ensure your arguments are easily understood.
• Balance Your Argument : Present a balanced view by considering both sides of the argument. Fairly evaluating different perspectives strengthens your overall analysis.
• Use Subheadings : Break your text into manageable sections to make it easier to read and follow. Subheadings help organize your content and guide the reader through your thesis.

Final Stages

After thorough research, organizing your material, and transferring your ideas onto paper, it is crucial that your thesis reads well. Poor sentence construction, an incoherent argument, and carelessness can detract from the quality of your work. These finishing touches can be critical in improving the readability and acceptance of your law thesis:

Proofreading

Check for consistency in layout, style, tenses, and formatting. Careful proofreading helps eliminate errors and ensures your thesis adheres to academic standards.

Ruthlessly cut unnecessary words and use plain English to enhance clarity. Editing helps refine your argument and improves the overall quality of your writing.

Use spell-check tools but also manually review for errors. Automated tools can miss context-specific errors, so manual review is essential.

Consult a grammar guide if in doubt. Proper grammar enhances the professionalism and readability of your thesis.

Punctuation

Read aloud to identify where punctuation is needed. Correct punctuation clarifies meaning and improves the flow of your writing.

Footnotes, References, and Citations

Ensure they are complete, in the correct style, and in the right place. Accurate citations are crucial for academic credibility and compliance with ethical standards.

Practical Tips for the Final Stages

• Take Breaks : Give yourself time away from the thesis before final proofreading to approach it with fresh eyes. Breaks help you spot errors and inconsistencies you might otherwise miss.
• Use Multiple Proofreaders : Have peers or professionals review your work to catch errors you might have missed. Different perspectives can identify areas for improvement and enhance the quality of your thesis.
• Check Against Guidelines : Ensure your thesis adheres to your institution’s formatting and submission guidelines. Compliance with guidelines is essential for successful submission.
• Limit Revisions : Restrict your revisions to two or three drafts to avoid over-familiarity leading to excessive changes that could spoil the flow. Focused revisions help maintain the coherence and integrity of your argument.

Additional Practical Tips for Writing a Law Thesis

Time management.

Allocate specific time slots for each section of your thesis. Stick to a timeline to ensure you meet deadlines without last-minute stress. Effective time management is crucial for maintaining productivity and avoiding burnout.

Resource Utilization

Make full use of libraries, online databases, and legal research tools available to you. Resources like Westlaw, LexisNexis, and HeinOnline can be invaluable. These tools provide access to a vast array of legal materials, enhancing the depth and breadth of your research.

Attend legal seminars, workshops, and conferences. Networking with professionals in your field can provide new insights and potential sources for your research. Engaging with the legal community helps you stay informed about current trends and debates.

Keep an Academic Tone

Maintain a formal, academic tone throughout your thesis. Avoid colloquial language and ensure your arguments are presented logically and professionally. An academic tone underscores the seriousness and rigor of your research.

Ethical Considerations

Ensure all your research and writing adhere to ethical guidelines. Properly attribute all sources and avoid any form of plagiarism. Ethical research practices are fundamental to academic integrity and credibility.

By following these detailed steps and practical tips, you can produce a comprehensive, well-argued, and polished law thesis that stands out to your examiners. Your diligence and attention to detail throughout the process will be crucial in achieving a high standard of academic work.

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A Detailed Guide to Successful Law Essays

By: Caleb S.

Reviewed By: Cathy A.

Published on: Oct 9, 2024

Writing a law essay might seem like a big challenge, but with the right approach, it can be manageable and even enjoyable. 

Whether you're working on a theoretical essay about new laws or a problem-style essay that analyzes a scenario, a solid plan is key. 

In this blog, we’ll break down the steps to writing a good law essay, from understanding the question to structuring your arguments and presenting your ideas clearly. 

Follow these tips, and you’ll be on your way to crafting a well-organized and compelling law essay.

Let’s get started!

On this Page

What is a Law Essay?

A law essay is a written piece that explores legal issues or questions. It’s a key part of studying law, where you’re expected to demonstrate your understanding of legal concepts and your ability to think critically about them. 

Unlike other types of essays , a law essay requires you to closely analyze legal materials. These include statutes, cases, and academic commentary, and to construct well-reasoned arguments based on that analysis. 

The goal is to show not just what the law is, but how it applies to specific situations, and to present your findings in a clear, logical, and persuasive way.

Common Types of Law Essays

When it comes to law essays, there are two main types you’ll likely encounter: theoretical essays and problem-style essays.

Theoretical Essays

These essays ask you to dive deep into legal principles or issues. You might be required to critically analyze a new piece of legislation, discuss the implications of a recent case, or debate a legal theory. The goal here is to explore the law in detail, often from multiple perspectives, and to build a strong, well-supported argument.

Problem-Style Essays

In these essays, you’re given a scenario that involves a legal problem. Your job is to identify the legal issues within the scenario, apply relevant laws, and provide advice or a solution based on your analysis. This type of essay tests your ability to think like a lawyer, as you’ll need to interpret the law and apply it to real-world situations.

Both types of law essays require careful thought, clear structure, and strong arguments, but they focus on different aspects of legal study.

How to Write a Law Essay

Writing a law essay might seem tricky, but breaking it down into steps can make the process much easier. Here are detailed steps to help you tackle your essay with ease.

Step 1. Understand the Question

The first step is understanding exactly what the essay question is asking. Law essay questions often have multiple parts, so it’s important to break them down. Look for keywords that tell you what to do.

• Direction Words: These words tell you what you need to do. For example, if the question asks you to "Critically analyze," it means you need to evaluate and discuss the strengths and weaknesses of a legal concept or case.
• Content Words: These are the specific legal topics or issues you need to focus on. If the question mentions "tort of negligence" or "patient rights," you’ll need to research these areas and include them in your essay.
• Scope Words: These words limit the extent of your essay. For example, if the question says "the extent to which," it means you should focus on how well something works or how it applies in a specific situation.

Example Question:

"Critically analyze the role of the tort of negligence in protecting patient rights during medical treatment."

• Direction Words: Critically analyze
• Content Words: Tort of negligence, patient rights, medical treatment
• Scope Words: Protecting, during

This breakdown helps you see what you need to do: Evaluate how well the tort of negligence protects patient rights in the context of medical treatment.

Step 2. Plan Your Argument

Planning your essay helps you stay organized and makes writing easier.

• Research and Take Notes: Start by gathering information on your topic. Read cases, statutes, and articles related to your essay question. As you read, take notes on the main points and arguments.
• Summarize Key Points: Write brief summaries of each source you read. For example , if you find an article discussing negligence cases, note down the main argument and how it relates to your topic.
• Outline Your Argument: Decide on the main points you want to make and how you’ll present them. Create your essay outline with these points, and think about the evidence you’ll use to support each one.

Take a look at this sample law essay outline:

Step 3. Structure Your Law Essay

A clear structure helps your essay flow and makes it easier to read. Similar to other essay types, the law essay format will contain three main sections: Introduction, Body, and Conclusion.

• Law Essay Introduction: Start with an overview of the topic and state your main argument or thesis. For example, "This essay will examine how the tort of negligence safeguards patient rights during medical treatment."
• Body Paragraphs: Each paragraph should focus on one idea. Start with a topic sentence , provide evidence or examples, and then analyze how it supports your argument.

Example Body Paragraph:

• Use Subheadings: Subheadings help organize your essay and guide the reader through your arguments. For example, use subheadings like "Introduction to Negligence" and "Case Studies" to break down your content.
• Conclusion: Summarize the main points from your essay and restate your thesis in light of the evidence you’ve presented. 

For example:

Always use transition words and sentences to flow smoothly between different sections of your essay. 

Step 4. Present Your Ideas Clearly

How you present your ideas is as important as what you say. Here’s how you can go about it:

• Use Plain English: Write in a clear and straightforward manner. Avoid legal terminology unless necessary, and explain any terms you use.
• Harvard Law Review
• The Yale Law Journal
• Stanford Law Review

By following these steps, you’ll be able to tackle your law essay with confidence. From answering the question to presenting your ideas, we’ve covered everything that makes a law essay stand out. 

Law Essay Examples

To help you better understand how to apply the writing steps we just covered, let's look at some examples of law essays.

Apartheid Law Essay

Law Essay Structure Example

Pass Law Essay 300 Words

First Class Law Essay Example

For more interesting examples, visit our law essay examples blog and see practical sample essays on various legal topics.

Interesting Law Essay Topics

If you’re looking for inspiration for your next law essay, here are some engaging topics to consider:

• Analyze the impact of landmark Supreme Court decisions on civil rights.
• Explore the effectiveness of international human rights treaties in combating global injustice.
• Examine the legal challenges of regulating emerging technologies like artificial intelligence.
• Analyze how criminal law treats young offenders differently
• Evaluate the legal and ethical implications of privacy laws in the digital age.
• Investigate the influence of constitutional amendments on social change.
• Assess the impact of corporate social responsibility laws on business practices.
• Compare the legal approaches to drug decriminalization in different countries.
• Analyze the legal framework surrounding environmental protection and climate change.
• Explore the legal issues related to intellectual property rights in the creative industries.

Writing and Editing Tips

Check out these simple yet helpful tips to help make your law essay shine. 

• Stick to the Point: Each paragraph should focus on a single idea or argument. Avoid straying off-topic to maintain clarity.
• Use Active Voice: Active voice makes your writing more direct and easier to read. Instead of saying "The case was decided by the court," say "The court decided the case."
• Check Your Sources: Always make sure all your references are accurate and properly cited. This not only adds credibility but also helps you avoid plagiarism.
• Clarify Your Arguments: Make sure each argument is well-supported with evidence and analysis. Avoid vague statements by providing concrete examples.
• Read Backwards: When proofreading, read your essay from the end to the beginning. This helps catch errors you might miss when reading normally.
• Keep Paragraphs Balanced: Avoid overly long paragraphs. Break them into shorter ones if they cover more than one idea.
• Proofread Your Work: Carefully review your essay to correct any errors in spelling, grammar, or formatting. Clear and error-free writing makes your arguments more effective.

Summing it up,

Writing a law essay can feel like a challenge, but with a clear plan, it becomes much more manageable. In this blog, we’ve covered what a law essay is, explored different types, and offered a step-by-step guide on writing and structuring your essay. We’re confident that you now understand how to answer law essay questions with ease.

If you’re looking for help with your law essay, consider using a professional essay writing service . We have expert law essay writers who make sure your essay is well-researched and expertly written.

For those seeking support with various types of papers, visit our paper writing service online . Whether you need help with drafting, editing, or anything in between, we’re here to make your writing process smoother.

Try our advanced AI Essay Writer to streamline your writing tasks and get high-quality essays done quickly and efficiently.

Caleb S. has been providing writing services for over five years and has a Masters degree from Oxford University. He is an expert in his craft and takes great pride in helping students achieve their academic goals. Caleb is a dedicated professional who always puts his clients first.

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How to Write a Law Essay

Last Updated: August 11, 2023

This article was co-authored by Clinton M. Sandvick, JD, PhD . Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. This article has been viewed 242,432 times.

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. [Note: this article does not address how to write law school essay exams or bar exam questions, which require different techniques and strategies.]

Choosing an Essay Topic

• 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, propose your topic to your professor after class or during his or her office hours.

• Hopefully, your course readings, lectures, and class discussions will have given you enough background knowledge to select a topic. If not, review your class notes and browse online for additional background information.
• It is not uncommon to change your topic after doing some research. You may end up narrowing the questions your essay will answer, or changing your topic completely.

• 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

• If you are prohibited from citing internet resources, you can still use online research to guide you to physical primary and secondary sources in your local library or bookstore.

• Look at footnotes, citations, and indexes in tertiary sources. These are great for finding books, articles, and legal cases that are relevant to your topic. Also take note of the names of authors, who may have written multiple works on your topic.

• Also find search engines for related fields, such as history or political science. Ask your librarian to recommend specialized search engines tailored to other disciplines that may have contributed to your topic.

• Never cut and paste from the web into your notes or essay. This often leads to inadvertent plagiarism because students forget what is a quotation and what is paraphrasing. When gathering sources, paraphrase or add quotation marks in your outline.
• Plagiarism is a serious offense. If you ultimately hope to be a lawyer, an accusation of plagiarism could prevent you from passing the character and fitness review.

Drafting the Essay

• An effective introduction takes the reader out of his world and into the world of your essay. [2] X Trustworthy Source University of North Carolina Writing Center UNC's on-campus and online instructional service that provides assistance to students, faculty, and others during the writing process Go to source Explain why the subject is important and briefly summarizes the rest of your argument. After reading your introduction, your reader should know what you are going to discuss and in what order you will be discussing it.
• Be prepared to revise your introduction later. Summarizing your essay will be easier after you have written it, especially if you deviate from your outline.

• 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.

Formatting Your Essay

Proofreading the Essay

• Open up a Word document. On the Quick Access Toolbar at the top, click on the down arrow. The words “Customize Quick Access Toolbar” will appear when you hover over the arrow for two seconds.
• Click on the arrow. Then click on “More Commands.”
• In the “Choose commands from” drop-down box, choose “All commands.”
• Scroll down to find “Speak.” Highlight this and then click “add.” Then click “okay.” Now the Speak function should appear on your Quick Access Toolbar.
• Highlight the text you want read back to you, and then click on the Speak icon. The text will be read back to you.

• Do not rely on a spell checker exclusively, as it will not catch typos like "statute" versus "statue."

Revising the Essay

• You can share the essay with someone outside of class, but a classmate more likely has the requisite knowledge to understand the subject matter of the essay.

Expert Q&A

You might also like.

• ↑ https://owl.english.purdue.edu/engagement/2/2/53/
• ↑ http://writingcenter.unc.edu/handouts/introductions/
• ↑ https://www.legalbluebook.com/
• ↑ https://support.office.com/en-ca/article/Using-the-Speak-text-to-speech-feature-459e7704-a76d-4fe2-ab48-189d6b83333c

About this article

To write a law essay, start by writing a thesis statement on your chosen topic. Phrase your thesis statement as an argument, using words like “because” or “therefore” to state your point. Write an outline of the arguments you will use to support your thesis statement, then use that outline to build the body of your paper. Include any counter-arguments, but use your evidence to convince the reader why your point of view is valid, and the counter-arguments are not. Be sure to cite all of your sources in the format preferred by your professor. For tips from our reviewer on finding the best sources for your topic, keep reading! Did this summary help you? Yes No

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