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LEGAL RESEARCH &

WRITING LAW ESSAYS
BUSINESS LAW (LAW1014)

WHY LEARN LAW?

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LEGAL RESEARCH
Primary

Secondary

Legal Research

Synthesis

Application

LEGAL RESEARCH
Primary Source:
Federal Constitution
Acts of Parliament
Caselaw
Delegated Legislations
Where to find? Internet, Library, Legal
Database.

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LEGAL RESEARCH
Secondary Source
Textbook
Journals

Where to find? Library, Bookshop,

Database

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WHAT ARE LEGAL ESSAYS?

Generally Legal Essays are:
Essays relating to historical aspects of legal rules (caselaw &
legislation);
Application of legal rules to situational problems;
A critique on existing legal rules to solves contemporary problems;
Comparative analysis to find the difference between two legal
systems applying similar legal rules;
Suggest reforms to current drawbacks to existing legal rules;
Finding the lacunae in the law i.e. the grey area where the legal
rule does not apply although it should apply.

WHAT ARE LEGAL ESSAYS?

In your course, you are required to write legal essays as part
of your assessment;
All your assessments are legal essays:
Examination - Essay Based and Problem Based
Questions.
Assignment/Coursework

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SOME KEY POINTS TO REMEMBER WHEN

WRITING LEGAL ESSAYS
1. Pick a perspective:
Meaning determine the value/ground on which the law should be
based on i.e. should the law follow spirit of morality or fairness, or
should the law be a law because it follows a constitutional process;
Your arguments put forward are usually based on your deep rooted
value and belief you hold personally;

SOME KEY POINTS TO REMEMBER WHEN

WRITING LEGAL ESSAYS
In this sense the law is not something foreign how you see it
is not external from you neither does it operate to exclude you.
The law is part of daily life it is everywhere like air. Just
because you dont see it does not mean it is not there!
Therefore give serious thought whether the law is operating as
it should common sense comes in handy!

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SOME KEY POINTS TO REMEMBER WHEN

WRITING LEGAL ESSAYS
2. Sources of Law:
As a rule of thumb you must be able to use cases and legislations
(relevant) to conduct your discussion/analysis of the law!
Citation of cases and relevant provisions are paramount;
In the event of comparative analysis your should be comparing
similar laws to the extent of similar provisions;
Then when you discuss the cases of different jurisdiction
compared, you have more to discuss in terms of approaches and
influences to the way in which the law is applied;

SOME KEY POINTS TO REMEMBER WHEN

WRITING LEGAL ESSAYS
However merely citing and reciting cases or legislation is never
sufficient to pass as a legal essay;
Your explanation with respect to cases or legislations should
include:
a) Summary of the law concerned;
b) The principle gained;
c) The reasoning (in the case of caselaw) for such a principle to
be created;
d) If appropriate, the background and policy for the creation of
such a law (legislation);
e) The balance struck with human rights (if the law in question
infringes upon fundamental rights)

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SOME KEY POINTS TO REMEMBER WHEN

WRITING LEGAL ESSAYS
3. Analysis:
What is analysis?

A study of how the rules are applied;

Determining the outcome when a particular rule is applied;

An examination of a set of rules as to whether these rules
meet contemporary societal needs.

E.g. In the U.K. there is a law that states With the
exception of carrots, most goods may not be sold on
Sunday.

SOME KEY POINTS TO REMEMBER WHEN

WRITING LEGAL ESSAYS
Other weird legal rules:

Any boy under the age of 10 may not see a naked
manequin. (U.K.);

Picking up abandoned baggage is an act of
terrorism.(U.K);

Failure to flush a public toilet after use may result in very
hefty fines.(Singapore);

As it is considered pornographic, you may not walk
around your home nude.(Singapore).

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SOME KEY POINTS TO REMEMBER WHEN

WRITING LEGAL ESSAYS
While the legal rules mentioned may appear weird, a study of the
legal rules in societal, historical or political context may shed light
to the reason why such rules exist.
However even if there were perhaps good intention in creating such
rules, analysis requires you to determine whether such rules are
needed and contemplate the reason for such is acceptable.
There are times (which you may find in your research) where there
are good intentions for creating such rules but the intention may be
misguided, lack solid basis, not relevant in contemporary times or
does not outweigh the breach of fundamental rights.

SOME KEY POINTS TO REMEMBER WHEN

WRITING LEGAL ESSAYS
Methods of Analysis:
a) Rules based Analysis and Arguments:

originates from cases and statutes;

Reach an answer by establishing what is the rule and
applying that rule;

Able to break rule into separate elements and explain
those elements with sufficient clarity;

Usually there would be factors to weigh in the
application of the rule.

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SOME KEY POINTS TO REMEMBER WHEN

WRITING LEGAL ESSAYS
b) Reasoning by Analogy: Precedent Analysis and Arguments

Reach an outcome by drawing similarities between the
situation in question and the precedent to be applied.

This may help resolve a problem where two precedents
are applicable in the outset.

Draw parallels between the factual situation before you
and the cases previously decided;

Highly reliant on case usage and analysis.

SOME KEY POINTS TO REMEMBER WHEN

WRITING LEGAL ESSAYS
c) Statutory Language: Textual Reasoning and Legislative
Intent;

Used to determine the exact meaning of words, phrases
and sentences in statute;

Take note of other parts of the provision;

Take note of exceptions (if any);

Demonstrate an ability to break provisions/statute into
elements;

Then interpret the statute.

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SOME KEY POINTS TO REMEMBER WHEN

WRITING LEGAL ESSAYS
d) Policy Based Reasoning and Arguments;

Reach an answer by determining what is best for
society at large;

The policy is the reason for the rule. So the aim here
would be to determine whether there is a need for the
policy. If the there is no need for the policy there is no
need for the rule.

Policy arguments appeal to future consequences;

Found in most statutes and caselaw.

SOME KEY POINTS TO REMEMBER WHEN

WRITING LEGAL ESSAYS
e) Tradition Reasoning and Arguments;

The Story (Usually historic) that brings forth the result
(the legal rule);

Hence a study of the story whether history, or past
conduct of the parties etc. rationalizes the existence of
the rule in question;

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SOME KEY POINTS TO REMEMBER WHEN

WRITING LEGAL ESSAYS
4. Constructing Legal Argument:
There are essentially 5 basis for constructing legal arguments:

Text Arguments
Arguments based on rules found in legal texts;

Legislative History or Drafters Intent Arguments;
The argument is based on the intent of the person who wrote the legal
documents.
In the case of the constitution it would be the intent of the drafters or historical
documents leading to the recognition of the constitution.
In the case of statute it would be intent of Parliament in creating the legislation
in question.

SOME KEY POINTS TO REMEMBER WHEN

WRITING LEGAL ESSAYS

Precedent Arguments:
The text of a rule means what the courts have
pronounced in previous cases.
In this regard, you would have to consider the Court in
which the precedent was made;
Whether the decision concerned is an obiter or ratio
decidendi;
Whether the precedent relied on is local or international;
In the case of international, was it appropriate to adopt
such a precedent.

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SOME KEY POINTS TO REMEMBER WHEN

WRITING LEGAL ESSAYS

Tradition Arguments:
The meaning attributed to rules is related to the tradition of how
people have acted in the past;
This may be synonymous with the literal meaning of tradition all
the time;
In this context it refers to past practices e.g. the way in which two
parties have dealt with each other in the past when contracting
with each other.
The past conduct of many parties in the same area of law may
create a trend or tradition that the mode of conduct concerned is
how people in that area dealt with the situation.
For example in Marine Insurance contracts it is a practice to
follow the market leader whether to insure a particular risk.

SOME KEY POINTS TO REMEMBER WHEN

WRITING LEGAL ESSAYS

Policy Arguments:
The meaning of the rule should conform to underlying
values and interests that the rule is designed to serve;
This means that the rules were created based on some
underlying value or interest of some person;
While such rule making is acceptable, you need a critical
mind to determine whether it is right to do so;
Here it usual to find an academic mind critical to such
rules.

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