writing a great and How to write a good essay at law school in Sa

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1. Legal Writing H ow to write a good essay By Dennis Wachepa and Santa Kiwanuka

2. Definition An essay is a writing that: Objectively and critically explores , analyses or evaluates a particular issue or area of law. Good essay contains a balanced analysis , but they are also persuasive . The writer must use supporting arguments to guide the reader to a conclusion.

3. Things to consider before you start writing an essay Understand the Assignment Purpose of the assignment Type of document required Audience (reader(s)) Constraints on the assignment Format of the document

4. Things to consider before you start writing an essay cont … You must read the question carefully and pay specific attention to the words used and what is required of you. As you work the way through research, it is worth returning to the question regularly to ensure that you are addressing the question that has been asked.

5. Time Constraints and Flexibility Adhere to deadlines Being late could have serious consequences Be flexible Be prepared to deal with changing circumstances Where the work is supervised, the supervisor may change an assignment Budget extra time for the unexpected

6. Writing approaches 1. Objective analysis Balanced discussion Neutral summary of facts (without being biased) Persuasive document Present the law, issues, and facts in a favourable way. Advocate for the client

7. Writing approaches cont. 2. Choice of Format Confirm you are using the right formatting for the document Check the rules of the essay When you are writing for employer, he may have special formats and templates Letters Legal memoranda

8. Writing approaches cont … 3. Write for Your Reader Lawyers write for a wide audience Write for a particular reader Reader’s needs Reader’s legal knowledge Reader’s understanding Make the document understandable on its own terms.

9. Writing approaches cont... 4. Tools to Help Legal Writing Good legal writing includes four key elements Accurate use of legal terminology Specific rules about how to refer to sources (OSCOLA) Clarity and organization Specific organization features

10. Writing approaches cont … 5. Outline the Material Organization is essential Have a framework in mind before you begin In a simple assignment Sketch rough outline on a notepad Complicated assignment Decide on the sequence of topics to discuss

11. Writing approaches cont … 6. Organize the Material Logically Divide into manageable blocks of information, mostly separated by paragraphs Address each element in order List each element Analyze each element Do not repeat the same facts, over and over.

12. Writing approaches cont … 7 . Purpose of a paragraph Group of sentences that develop a particular idea Start new paragraph when discussing a new topic Use of headings, especially only when the work is long Proper sequence Arrange various events chronologically

13. Writing approaches cont … 8. Sentence Construction Write Effective Sentences Active, not passive Short, concrete sentences with active verbs Examples of active sentences Examples of passive sentences Monkeys adore bananas . Bananas are adored by monkeys . The cashier counted the money . The money was counted by the cashier . The dog chased the squirrel . squirrel was chased by the dog.

14. Writing approaches cont … 9. Limit legalese: Use plain English Still be careful to convey the right meaning Do not quote heavily Use quotations reasonable sparingly

15. Writing approaches cont … Avoid sexist language Use gender-neutral substitutes a pronoun that denotes a single sex when the information being conveyed pertains equally to either or both sexes Ex.  Every student should have his notebook with him in class. (only appropriate at an all-male school) a job title that links the job to a single sex when either sex can perform the job Example fireman , mailman, policeman) a single sex pronoun in conjunction with a neutral job title, so that the implication is that the job “belongs” to a single sex. Example, The nurse awoke her patient at five a.m. any other use of language that unnecessarily and arbitrarily makes gender distinctions, Example.   early man used a system of gestures to communicate

16. Writing approaches cont … 10. Proof-read Your Document Budget time for these steps Accuracy and precision are important Do not rely on spell checker Plan to create several drafts Solicit feedback Creating a polished product takes time

17. Writing approaches cont … 11. Editing Always edit from a printed copy Double check that all names and dates are accurate Allow some time to pass before editing Edit the content first Review for stylistic issues Check grammar and spelling

18. Some Writing Tips Select the right time and place for writing Do not procrastinate ( delay or postpone action; put off doing something). Begin with a part you feel confident about First draft is not the final draft Do not begin until you are prepared If stuck, move on to another part Establish a timetable, starting writing an essay days before submission is equally ‘dangerous’

19. Parts of the essay 1. Introduction Your introduction tells your reader what to expect from your essay. Think of it as a brief roadmap that begins with an intriguing opening line, includes a quick summary of the topic and ideas you’ll present , and concludes with a essay statement.

20. Parts of the essay 2. Body The introduction states what’s at stake, and the body presents the evidence. In the case of an argumentative essay, the evidence might be research. In a more personal essay, it might be made up of the author’s own experiences. Write the body in a logical order. Some essays work well chronologically, where the events are presented in the same sequence that they happened in time. Argumentative essays are often emphatic, where the least important points are presented first and build up to the most important.

21. Parts of the essay 3. Conclusion In your conclusion, you wrap everything up in a neat package. Restate your essay in a clear way without repeating it word for word. Leave your reader with a takeaway or something to think about.

22. Avoid redundant words.

23. Be simple

24. General things to consider Attention to detail when considering the precise requirements of the question. An in-depth understanding and knowledge of the relevant law, required to answer the question Clear structure - should be a clearly stated and well-defended argument. An excellent critical approach in answering the question posed, involving analysis and evaluation.

25. General things to consider Appropriate use of sources, supporting arguments and ideas. Correct and appropriate use of quotations, paraphrasing and citation. The consideration of opposing arguments and sources. The exclusion of irrelevant law and arguments. Excellent style, concise writing, and flawless grammar and language. Poor style will only hinder the marker from identifying your arguments. The key to good style can be summed up in three words: Keep it simple!

26. General things to consider cont... C ite cases or legislation correctly. This is the number one rule in legal argument, and in legal essay writing. Without a source, legal argument is almost meaningless. Consider  the relevance of the case before citing it your essay.

27. What makes a good essay? A good essay should: Attend closely to the question. Show a good knowledge of the area addressed and also the wider context. Be accurate, make few errors and omit little of importance. Identify the most relevant points of law. Use supporting information and ideas well. Use more than one line of argument. Understand the theoretical context. Present critical analysis.