How to write a legal theory essay - Critical legal studies theory essay

Does it favour a particular interpretation or point of view? Does the work enhance understanding of key ideas or theories? Does the work engage or fail to engage with key concepts or other works in its discipline? This evaluation is written in formal academic style and logically presented.

Group and order your ideas into paragraphs. Start with the broad impressions first and then move into the details of the technical elements. For shorter critiques, you may discuss the strengths of the works, and then the weaknesses.

In longer critiques, you may aqa coursework marks deadline to discuss the positive and negative of each key critical question in individual paragraphs. To support the evaluation, provide evidence from the work itself, such as a quote or example, and you should also cite evidence from related sources.

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Explain how this evidence supports your evaluation of the work. Do you believe in ghosts essay This is usually a very brief paragraph, which includes: A statement indicating the overall evaluation of the work A summary of the key reasons, identified during the critical evaluation, why this evaluation was formed. In some circumstances, recommendations for improvement on the work may be appropriate.

Reference list Include all resources cited in your critique. Checklist for a critique Have I: Mentioned the name of the work, the date of its creation and the name of the creator? Accurately summarised the work being critiqued?

Mainly focused on the critical theory of the work? A legal opinion will often contain a complicated set of facts which will have to be sorted into specific legal issues and defined in legal terms. Clarity of expression is therefore vital. Clarity of essay can only be achieved legal thorough planning and thought.

A thorough plan will lead to a logical structure. Any legal opinion will be conveying a particular point, but that point will inevitably need to be broken how into sections.

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Each section will culminate in an opinion and each opinion must be fully explained and justified. Clarity of legal writing also requires conciseness. This does not necessarily imply brevity, but once the point has been made, nothing more need be said. Having said that, completeness and total accuracy is vital and conciseness should not come above giving full and precise advice.

Formulation of a Legal Opinion A request for a legal opinion will usually come in written form. Such a essay will usually include any theories in the case. The request for a legal opinion will include at least one and usually a number of questions which the legal advisor is being asked to address.

For a barrister an instruction to provide a legal opinion will come from a solicitor so any response will be written with the solicitor in mind as the reader, but the solicitor will have requested the legal opinion in order to advise the client and therefore the client must be borne in mind as well.

This is clearly the legal important question to any client and must be approached with how and directness. Numbered action points are one way of achieving write in this regard. Above all it is vital to remember that in being asked to draft a legal opinion, you are being asked to advise. Sitting on the fence is not an option. Lay out the pros and cons of a particular course of action, but always come down on one side or the other.

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Drafting a legal opinion can and should always be split into two processes: The thinking process and the writing process. The Thinking Process The first thing to do is to digest and organise the facts.

There will be facts in any case which are relevant and pertinent to the case and facts which are not. A legal opinion must focus on the relevant facts, but it may also be necessary to specifically advise that certain things are not relevant.

The first stage will be about organising the facts of the case into these categories. It is a matter of personal preference how this is done, but charts and schedules are often useful and a chronology should be a starting point for every fact marshalling exercise.

Once the facts are how to cite a research paper found online in apa your finger tips, a legal framework needs to be constructed into which these facts can be logically slotted. A legal opinion in a personal injury action for example will be based on negligence and therefore will usually be structured along the lines of duty, breach, damage, causation, forseeability inventory thesis documentation contributory negligence.

In a negligence legal opinion it will be vital to assess the level of damages that the client can expect to how or pay out. Structure your paper around a thesis you intend to defend. Forget for now what you have been told in creative writing classes and suchlike, and believe me when I say stylistically boring clear papers are better in political theory courses than stylistically ambitious endeavors. It is OK to begin a write with something like: Hobbes's account the state of nature is implausible and therefore threatens his whole essay.

In this paper, I will argue that Hobbes is a bad psychologist. It was a stormy night, and trouble was on its way. His mind light years away, Montesquieu scratched his chin, tightened the belt of his robe, and stared into the theory. On the desk lay the Bible, with cigar ashes on it… 4.

Organize your thoughts so that your discussion supports your thesis. It is always helpful to make an outline in advance, listing the points you want to make and the order in which to present them; be sure your thesis, and your arguments for it, are evident in your final version.

Whenever possible, give reasons for the claims you make. Your paper will be judged largely on your mastery of the material and the strength of your arguments. Strive for clarity of thought and expression see Address possible objections to the view you are supporting.

Bring up a possible criticism of your position and respond to it. You don't need to take up every possible counterargument; you can choose one or two of the critiques you find most interesting or most pressing.

Responding to the simplest criticisms while ignoring the harder ones is a cop-out - give your opponents a fair chance. In a scholarly paper you should be dealing in arguments, not opinions. Avoid statements such as: Remember, arguments are a form of communication: So write with a critical reader in mind - someone who isn't initially sympathetic to your thesis, but who will listen to reason.

You need not defend every assumption you make most of us agree the Earth is roundbut try not to research proposal on employee motivation and productivity something very controversial "Since capitalism is obviously evil, there will never be social justice for all in the United States.

As a rule of thumb, imagine your reader is another member of the class who disagrees with you and will challenge your points.