legal argumentative essay

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• Writing a legal argument

The example paragraphs below demonstrate the things you need to include to write a successful legal argument.

Use the menu on the right hand side to navigate through the resources in this tutorial and how to write a legal argument.

To successfully write a legal case study

You need to:

• identify relevant legal issues
• apply the law to the facts
• structure your answer clearly and logically (use the model plan)
• use appropriate language for a legal argument.

Identify relevant legal issues and apply the law to the facts

These model paragraphs show how a student has successfully identified the legal issues and applied those issues to the facts of the law.

In this model, the first sentence identifies the relevant legal argument while the second applies the law to the facts of the case.

Lord Atkin's neighbour test suggested that person A owes a duty of care if B is sufficiently proximate to A. In other words, the test will hold if A's actions or omissions may affect B in a reasonably foreseeable manner and consequently cause damage or suffering or damage to B. In this case, Groovy Clothing Store owes Bert a duty of care because Bert was in their premises and such duty of care is non-delegable (and hence could not be discharged) to Groovy Clothing Store's contractor who was hired to renovate the premises. According to the 'neighbour' test, occupiers of land owe a duty of care to their entrants (neighbours) in respect of premises because of their control over the premise. Australian Safeway Stores v Zaluzna. Since Bert's presence in the store was organised and controlled by the store, and it is reasonably foreseeable that Groovy Clothing Store's actions and omissions could cause damage to Bert and other shoppers, it is hence sufficient for Groovy Clothing Store to owe Betts duty of care. Applying the law to the facts -->

Here the application of the law to the facts and the identification of legal issues have been interwoven together in one sentence.

Although a shopper entering a shop like Groovy Clothing Store would not assume voluntarily (volenti non fit injuria) the risk of falling down a collapsed staircase, in defence a its breaching duty of care, Groovy Clothing Store could probably claim that Bert was partly liable for his injury due to his failure to take reasonable care of himself (contributory negligence) on the grounds that an ordinary, reasonable and prudent person would not force him or herself up the stairs at the same time with so many people because of the foreseeability of an accident   Wyong Shire Council v Shirt [1980] HCA 12 . If this is the case, then not all the losses and damages Bert suffered would be recoverable.

[Identifying and defining the legal issues] Lord Atkin's neighbour test suggested that person A owes a duty of care if B is sufficiently proximate to A. In other words, the test will hold if A's actions or omissions may affect B in a reasonably foreseeable manner and consequently cause damage or suffering or damage to B. [Applying the law to the facts] In this case, Groovy Clothing Store owes Bert a duty of care because Bert was in their premises and such duty of care is non-delegable (and hence could not be discharged) to Groovy Clothing Store's contractor who was hired to renovate the premises. [Identifying and defining the legal issues] According to the 'neighbour' test, occupiers of land owe a duty of care to their entrants (neighbours) in respect of premises because of their control over the premise. Australian Safeway Stores v Zaluzna . [Concluding the issue] Since Bert's presence in the store was organised and controlled by the store, and it is reasonably foreseeable that Groovy Clothing Store's actions and omissions could cause damage to Bert and other shoppers, it is hence sufficient for Groovy Clothing Store to owe Bert duty of care.

[Applying the law to the facts] Although a shopper entering a shop like Groovy Clothing Store would not assume voluntarily[Identifying and defining the legal issues] (volenti non fit injuria) [Applying the law to the facts] the risk of falling down a collapsed staircase, [Identifying and defining the legal issues] in defence a its breaching duty of care, [Applying the law to the facts] Gropovy Clothing Store could probably claim that Bert was partly liable for his injury due to his failure to take reasonable care of himself [Identifying and defining the legal issues] (contributory negligence) on the grounds that an ordinary, reasonable and prudent person [Applying the law to the facts] would not force him or herself up the stairs at the same time with so many people because of the foreseeability of an accident Wyong Shire Council v Shirt [1980] HCA 12. [Concluding the issue] If this is the case, then not all the losses and damages Bert suffered would be recoverable.

• Finding Australian case law
• Finding Australian legislation
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Home — Essay Samples — Social Issues — Abortion — Why Abortion Should Be Legalized

Why Abortion Should Be Legalized

• Categories: Abortion Pro Choice (Abortion) Women's Health

About this sample

Words: 1331 |

Published: Jan 28, 2021

Words: 1331 | Pages: 3 | 7 min read

Table of contents

Introduction, why abortion should be legal.

• Gipson, J. D., Hirz, A. E., & Avila, J. L. (2011). Perceptions and practices of illegal abortion among urban young adults in the Philippines: a qualitative study. Studies in family planning, 42(4), 261-272. (https://onlinelibrary.wiley.com/doi/abs/10.1111/j.1728-4465.2011.00289.x)
• Finer, L. B., & Hussain, R. (2013). Unintended pregnancy and unsafe abortion in the Philippines: context and consequences. (https://www.guttmacher.org/report/unintended-pregnancy-and-unsafe-abortion-philippines-context-and-consequences?ref=vidupdatez.com/image)
• Flavier, J. M., & Chen, C. H. (1980). Induced abortion in rural villages of Cavite, the Philippines: Knowledge, attitudes, and practice. Studies in family planning, 65-71. (https://www.jstor.org/stable/1965798)
• Gallen, M. (1979). Abortion choices in the Philippines. https://www.cambridge.org/core/journals/journal-of-biosocial-science/article/abs/abortion-choices-in-the-philippines/853B8B71F95FEBDD0D88AB65E8364509 Journal of Biosocial Science, 11(3), 281-288.
• Holgersson, K. (2012). Is There Anybody Out There?: Illegal Abortion, Social Work, Advocacy and Interventions in the Philippines. (https://www.diva-portal.org/smash/record.jsf?pid=diva2%3A574793&dswid=4931)

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How to Structure Legal Arguments Effectively in Your Essay

In the intricate realm of legal essays, the art of crafting persuasive arguments serves as the cornerstone of effective communication. Imagine standing in a courtroom, presenting a case—your essay is no different. This article unfolds the essential strategies for law students, legal professionals, and those passionate about mastering the craft of legal writing. Whether you're a seasoned legal professional or exploring the nuances of legal discourse, the guidance provided by experienced essays writers can significantly elevate your skills in constructing compelling legal narratives.

Understanding the Foundations of Legal Argumentation

Key elements of a legal argument:.

   - Issue Identification: At the heart of any legal essay lies a crystal-clear identification of the legal issue. This section discusses the significance of defining the question at hand.

   - Rule of Law: Like statutes in a library, legal arguments lean on the rules and principles relevant to the case. Here, we explore the importance of establishing the applicable legal foundations.

   - Application to Facts: Applying legal rules to real-world scenarios is where the rubber meets the road. Highlighting this process is crucial for a robust legal argument.

Strategies for Effective Structuring of Legal Arguments

Introduction to the irac method:.

   - Issue: Precision is key. Detail how to present the legal issue concisely and effectively.

   - Rule: Selecting and applying the appropriate legal rule or principle requires finesse. This section guides you through the process.

   - Application: Discuss how to apply the chosen rule to the specific facts of the case, ensuring a logical and compelling argument.

   - Conclusion: Emphasize the importance of drawing a clear and impactful conclusion based on the analysis.

Creating Coherent Paragraphs:

   - Topic Sentences: Each paragraph is a building block. Discuss how topic sentences introduce the main point, providing structure and clarity.

   - Transitional Phrases: Smooth transitions are the glue that holds your argument together. Learn how to use transitional phrases effectively.

Using Legal Authority:

   - Primary Legal Authority: Dive into the significance of using statutes, regulations, and case law as primary legal authorities, providing the backbone of your argument.

   - Secondary Legal Authority: Explore the role of legal commentary, articles, and other secondary sources in supporting and enriching your arguments.

In the universe of legal writing, your ability to structure compelling arguments is your strongest tool. Summarize these key takeaways as a guide for navigating the complexities of legal essay crafting. Remember, a well-structured legal argument not only persuades but leaves a lasting impact on your readers.

Public Law for Everyone

Professor Mark Elliott

Writing a Law essay? Remember to argue!

Providing advice in the abstract about how to write Law essays is difficult because so much depends on the nature of the question you are answering. It’s also important to take into account whatever are the expectations for your particular course, degree programme or university. Nevertheless, a useful rule of thumb, I think, is that a good Law essay will normally set out and advance a clear thesis or argument . (Note that I’m referring here to essays as distinct from problem questions: the latter call for a different approach.)

The need for an argument

Some answers explicitly call for this. Take, for example, the following essay title:

‘Do you agree that parliamentary sovereignty is the most important principle in the UK constitution?’

Here, the question itself in effect advances an argument — that parliamentary sovereignty is the most important principle in the constitution — and invites you to say whether you agree with it or not. And in saying whether you agree, you need to advance your own argument: ‘I agree with this because…’. Or: ‘I disagree because…’. Or even (because if the question advances a position that you think implies a misconception, oversimplification or false premise, you can say so): ‘I will argue that the question oversimplifies matters by assuming that a particular constitutional principle can be singled out as uniquely important…’

Other questions may indicate in a less direct way the need for you to put forward your own argument. For example:

‘“Parliamentary sovereignty is the most important principle in the UK constitution.” Discuss.’

Here, we don’t have a ‘do you agree?’ prompt; instead, we have the apparently less directive ‘discuss’ prompt. If we read the question literally, it may seem that there is no need for you to put forward your own argument here. After all, it’s possible to ‘discuss’ something without advancing your own argument about it: you could make various points, explain various matters, and leave the reader to make up their own mind. But while this may be formally true, it’s unwise to read the question in this way, because it creates the risk that you will end up writing something very general and descriptive on the topic without going any further.

To summarise, then, there are at least three reasons for making an argument part of your essay. First, the question will often call for this, whether explicitly or implicitly, such that you wouldn’t be answering the question if you didn’t set out and develop an argument. Second, if you don’t impose on yourself the discipline of articulating and defending an argument, you risk underselling yourself by writing something that is descriptive and meandering rather than purposefully constructed . Third, setting out and developing an argument involves taking ownership of the material. By that, I mean using the material in a way that serves the purposes of your argument, showing that you are in command of it and that it is not in command of you. This, in turn, provides an opportunity to demonstrate a level of understanding that it would be hard to show in a descriptive essay that simply wandered from point to point.

Setting our your thesis

If putting forward an argument is (often) important or necessary, how should it be done? There are no great secrets here: the formula is straightforward. You should begin your essay by stating your thesis — that is, by setting out what it is that you are going to argue. This should be done in your introductory paragraph — by the time the reader reaches the end of that paragraph, they should be in no doubt about what you are going to argue. Imagine, for instance, that you are presented with the following essay title:

‘“The courts have expanded their powers of judicial review beyond all acceptable constitutional limits in recent decades; it is time to clip the judges’ wings.” Discuss.’  

In response to such a question, it might be tempting to say in your introduction that (for example) you are going to ‘show’ how the courts’ powers of judicial review have grown, ‘consider’ why this has happened and ‘examine’ the criticisms of judicial over-reach that have resulted. These are all perfectly sensible things to do when writing an essay on this topic, but if that is all you say in your introduction, you will leave the reader wondering what you think — and what you are going to argue . In contrast, an introductory paragraph that lays the foundation for essay that properly advances a thesis will set out what that thesis is. You might, for instance, take each of the propositions set out in the question and stake out your position:

‘In this essay, I will argue that (a) while the courts’ powers of judicial review have grown in recent decades, (b) it is misguided to suggest that this has breached “all acceptable constitutional limits” and (c) that those who now advocate “clip[ping] the judges’ wings” misunderstand the role of the judiciary in a rule of law-based constitution. In other words, the courts’ judicial review powers are entirely appropriate and those who seek to limit them risk undermining the rule of law.’  

An introduction of this nature would achieve two things. First, it would make clear to the reader the position you proposed to take. Second, it would immediately lend the essay a structure.

Developing your thesis

Once you have set out your thesis in the introduction, you need to develop or defend it. This will involve making a series of connected points in successive paragraphs, each of which relates to your overarching thesis. One way of thinking about this is that the individual points you make in the main body of the essay should all relate or point back in some way — and in a clear way — to the position that you staked out in the introduction.

In the example introduction above, the overarching thesis is set out in the second sentence; the individual and connecting parts of the argument are set out in propositions (a), (b) and (c) in the first sentence. One approach, therefore, would be to divide the answer, once the introduction has been written, into three parts, dealing in turn with points (a), (b) and (c). Naturally, as you work through the various parts of your argument, you will need to cite relevant evidence (cases, legislation, literature and so on) in support of your argument. You will also need to deal with matters that appear, at least at first glance, to sit in opposition to your argument (on which see further below) or which, once properly considered, require your argument to be refined.  

A key point, however you proceed, is that the reader should also be clear about how each successive point relates not only to the previous point but also to the overarching argument. The reader should never be left wondering ‘Where does this fit in?’ or ‘Why am I being told this?’ A simple way of avoiding these problems is to signpost , by saying at the beginning of each section how it relates to the overall argument. The flipside of this coin is that you should avoid saying things like ‘Another point is that…’ since this gives the impression, rightly or wrongly, that the various points in your essay have been thrown together in a random order, with little thought as to how they fit together or relate to your overall argument. Even if that’s not the case, you don’t want to risk giving the reader that impression.

A one-sided approach?

The advice set about above might seem to imply that I’m suggesting you write one-sided essays — in which you set out points that support your argument while ignoring those that don’t. However, that’s not at all what I’m suggesting. In order to set out your argument in a persuasive manner, you need to deal both with relevant points that support your argument and with relevant points that appear to challenge your argument — and, in dealing with the latter points, you need to show why they do not in fact fatally undermine your argument. In other words, the approach I’m suggesting here doesn’t mean that you should adopt a blinkered approach, paying no attention to counterarguments: rather, you need to deal with them in a way that shows that, having thought about and weighed them in the balance, you are in a position to show why your argument stands in spite of them (or why your argument can be adapted in a way that accommodates such points).  

All of this points towards a further matter: namely, that advancing an argument in your essay does not mean that you need to (or should) be argumentative in the sense of adopting a strident tone that brooks no debate or compromise. Rather, advancing an argument in the way I’ve suggested here means being thoughtful and persuasive : taking the reader with you on a journey that demonstrates that you have looked at the relevant material, carefully thought through the issues raised by the question, and arrived at a view that you are able to justify and defend through well-reasoned and suitably evidenced argument.

So what about your conclusion? If you’ve followed my advice above, it should more or less write itself. People often agonise over conclusions, perhaps thinking that there has to be some ‘big reveal’ at the end of their essay. But there doesn’t need to be — and indeed there shouldn’t be — any big reveal. There should be no surprises at the end precisely because you’ve set out your argument at the beginning and spent the rest of the essay carefully constructing the different strands of your argument. The conclusion is an opportunity to draw those stands together, but no-one should have to wait with bated breath for the conclusion before finally realising: ‘Ah, so that’s what they think!’ If that’s the impact of the conclusion on your reader, it means there’s something wrong with the introduction!

This post was first published on The Law Prof blog . It is re-published here with permission and thanks.

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Public Law for Everyone is written by Mark Elliott . Mark is Professor of Public Law at the University of Cambridge and a Professorial Fellow of St Catharine’s College, Cambridge. He is a former Legal Adviser to the House of Lords Constitution Committee and served from 2019 to 2024 as Chair of the Cambridge Law Faculty.

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