law essay introduction sample

LEEWS (Law Essay Exam Writing System)

The Law School (Bar) Exam Writing / Study / Preparation System (LEEWS) will help you prepare for and write A exams (B's guaranteed) and/or pass the bar. Wentworth Miller - attorney, Yale law graduate ('77), Rhodes scholar has developed polished for over 25 years comprehensive system of preparation exam taking, applicable to any essay-type in legal subject, that is remarkably effective.

Sample Exams

3 sample law essay exams from the leews primer (with model responses).

[And an example of LEEWS’ effectiveness in practice.]

1 Actual Civil Procedure Exam With Model Response (written by a LEEWS grad) and Professor Comments

Introduction.

• Sample exam — civil procedure (with relevant legal principles and model [LEEWS] response)
• Sample exam — corporations (with relevant legal principles and model response)
• Sample exam — wills (with relevant legal principles and model response)
• Actual law school exam (civ pro), and A+ response by LEEWS grad used as a model for the class (with professor comments)

The  entire grade  (!!) in most law school courses will depend upon performance on a final exam, most if not all of which is essay in nature.  (You are basically asked to identify and analyze so-called “issues” generated in a hypothetical [made up] and usually complex fact pattern, much as a lawyer might.) Most exams are 3-4 hours in length, and either “closed” or “open book.” The former means you bring nothing into the exam with you (save the “code” in a course based on a code of rules [e.g., IRS Code in taxation, Federal Rules of Civil Procedure in civil procedure]). Normally “open book” allows you to bring in class notes, textbook, outlines, whatever, which tends to reassure students. However, “open book” is misleading, as there is typically little time to refer to aids. Open or closed book, the law you need to know should be in your head.

Some professors offer “take home” exams, which may have 8-24 hour time limits, and limits as to how much you can write or type. Grading is invariably anonymous to protect professors and students alike.  Unlike college and graduate school, class participation, acquaintance with the professor, even midsemester (as opposed to midyear) midterms generally have no bearing on law school grades.  Ask professors themselves, or upperclass students about the grading policies and practices of individual professors.

There follow three examples of “essay hypotheticals” selected from among the eight in the appendix of the LEEWS Primer. Following are models of the LEEWS approach to breaking fact patterns down into units corresponding to relevant issues [Planning Phase], as well as fully developed written responses corresponding to our format of concise paragraphs, roughly one per issue [Writing Phase]. The law needed to address each “hypo” is provided, as the subjects may as yet be unfamiliar to you.

You may want to attempt a response before looking at the models. Standard exam writing advice posits that you follow “IRAC.” I.e., identify the Issue, state the applicable Rule, Analyze, Conclude. (Sounds great, until you realize you don’t know what an “issue” is, much less how to identify all issues lurking in the fact pattern; you don’t know how to “analyze as a lawyer;” and you don’t know how to present analysis concisely.)

Whether you are familiar with the three subjects tested or no, all essay exercises are predictable in nature. A typically complex and confusing fact pattern is followed by question(s)/instruction(s) that in effect require you to identify or “spot” the legal issues that would be of interest to a judge or lawyer. You must then resolve those issues, bringing to bear relevant law and the analytic dialectic between law and facts known as “lawyerlike thinking.”

Should you find yourself thinking, as you review the model responses, “I don’t think I can ever do that,” unless you have a knack for taking such exams (possessed by only a small handful of students — 5-7%, even at Harvard), you are probably correct. Which is why so few law students manage even a single A on final exams. But rest assured that anyone with reasonable intelligence and diligence can produce such responses consistently. Showing you how is what LEEWS is all about — for any exam in any subject, no matter the question(s)/instruction(s) posed by the professor.

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SAMPLE EXERCISE 1

Civil Procedure Hypothetical (60 min.)

Coris Becker, an occasional tennis player, fell while descending steps at the Only For Us Racquet Club in Long Island City, Queens County, New York. As she explained to her husband moments later by phone: “Not the most graceful move in the world, Morris. I got so mad, I smashed Mommy’s new titanium Stroker. Be a dear and bring home din-din. I’m going to be in the hot tub for hours.” As she limped out to her Lexus, Coris ran into the club owner, Jett Setter. He grinned and remarked, “I saw that spill, Coris. Not the most graceful move in the world.” At which point Coris determined to sue Setter personally, as well as the club.

Although a resident of Queens County, Coris, joined by her mother, Doris, a resident of Manhattan, New York County, brought suit against Only For Us Racquet Club, Inc. (OFU, Inc.) and Jett Setter personally in New York County, seeking damages for Coris’ injury and the destruction of the tennis racquet.

Thereupon followed,  inter alia , the following events and motions:

1 — OFU, Inc. and Setter moved for a change of venue to Queens County.

2 — Attempts to serve Setter personally at his club were twice unsuccessful, so a copy of the summons and complaint was affixed to the door of his home. Another was mailed to him. [So-called “nail and mail” service.]

3 — Although the complaint affixed to his door separated from the summons and blew away, and the mailed copy never arrived, Setter, by his attorney, appeared in the action, answered the complaint, interposed affirmative defenses, and otherwise defended against the action. Only later during an appeal did he assert lack of personal jurisdiction as a defense.

4 — OFU, Inc. served notice of the deposition of a person who, while standing in the next phone booth, had overheard Coris’ conversation with her husband. Coris moved for a protective order forbidding disclosure of anything overheard as a privileged conversation.

5 — OFU, Inc. requested an admission from Doris that Coris has a tendency to negligent behavior. Doris ignored it.

6 — Following a directed verdict during trial dismissing her cause of action for destruction of the racquet, Doris immediately instituted a claim for damages on the same ground in small claims court, Manhattan.

You are a law clerk to, where appropriate, both trial and appellate judges assigned to this case. Prepare a memorandum of law respecting the issues raised in the above. Majority state law applies.

RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO (Such legal knowledge should be in your head as well as your course outline. Note: The law provided herein may or may not be currently accurate.)

Discovery (scope of)  — Generally, all information not otherwise privileged that is relevant to the subject matter of the action is discoverable, whether or not the material would be admissible as proof.

Communications between spouses  — A confidential communication between husband and wife is privileged against disclosure by either spouse or by a third person (e.g., an eavesdropper).

Personal Jurisdiction  — Generally, in order to determine the rights and duties of parties to an action, and to bind the parties personally to its determinations, a court must have in personam jurisdiction over said parties. Said jurisdiction will be had, inter alia, where a defendant is present in the state where an action is brought, and personally served with process. Where personal service on a defendant cannot be effected through due diligence, a plaintiff is entitled to substitute such service by affixing a copy of the summons and complaint to the door or other conspicuous place at the defendant’s last known address, and also mailing a copy of same by regular mail to said address (so-called “nail and mail”). A court has held that three attempts at “in hand” service at a defendant’s place of business, without attempting to serve the defendant at home or leave the summons and complaint with a person of suitable age and discretion at the place of business does not satisfy the requirements of due diligence.

Waiver of  — Where a defendant appears, answers the complaint, interposes defenses, and at no time during or after trial moves to dismiss based on, nor claims lack of personal jurisdiction, the defense will be deemed waived on appeal.

Requests for admission  — A request for admission imposes a duty on the party served to acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at trial. The party served normally has 30 days to respond. Failure to timely respond results in the matter being deemed admitted.

Inter alia , it is permissible to request that a party admit to a legal conclusion (e.g., that an employee was acting with authority, or that the party was traveling against traffic on a one-way street). However, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se).

Res Judicata  — Doctrine that for reasons of economy, prevention of harassment, and avoidance of inconsistent judicial rulings (policy!), the relitigation of claims and issues is generally prohibited.

Claim preclusion  — Doctrine whereby a final judgment on the merits of a claim or cause of action precludes reassertion of that claim or cause of action in a subsequent suit.

Venue  — Refers to the proper place for trial of a lawsuit. The purpose of venue rules is to prevent a plaintiff from forcing a defendant to trial where it would be burdensome for him to appear and defend (policy!). Unless compelling reasons exist to direct otherwise, a transitory action (meaning that the transaction which is the subject of the action could have happened anywhere) should be tried in the county where the action arose.

MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL

PLANNING PHASE (1/4 – 1/3 of allotted time divided into 10-15 minute intervals)

Preliminary Overview  — Six distinct events/motions. Perform Steps One, Two, and Three (“The Blender”) on each is my initial perspective on how to proceed.  [Always the Steps, always the Steps — a constant way of thinking.]

Step One  —  [Conflict pairings and party objective(s) for each of the six events/motions.]

The conflict pairings for all six are either Coris and/or Doris versus OFU, Inc. and/or Jett Setter.

[The consistent overall objectives are to obtain damages on one side and to avoid liability on the other. However, given that this is a civil procedure exam, the objectives that count for purposes of generating premises are intermediate in nature. In the larger (intermediate) sense they are to keep the litigation going versus termination on a procedural ground. More immediate to the six events/motions:]

1 = Change venue to Queens County vs. keep it in Manhattan County.

2 = Establish personal jurisdiction vs. not.

3 = Have lack of personal jurisdiction defense ruled moot vs. exists and viable.

4 = Preclude disclosure of overheard conversation vs. have it ruled discoverable.

5 = Have fact admitted vs. not admitted.

6 = Have claim heard in small claims court vs. dismissed.

[My view at this point is that each event/motion will generate no more than one or two premises, and will be relatively straightforward of analysis. Therefore, the time to be allotted each will be roughly the same. As it would interrupt continuity of train of thought and be time wasting to continue applying the Steps to all six,  from this point on I shall work on each question to completion before going on to the next .]

Step Two —  [Consider each pairing, party, and objective. Cull facts (and course outline) for relevant premises.]

1 = Venue of transitory action is  overriding ,  (i.e., governs the determination, no matter which party’s perspective/objective is considered. See definition of Step Two and footnote, page 104.)

2 = “Nail and mail” service vs. due diligence rule.

[Complete analysis/discussion of No.2 (7-8 minutes??), then on to No.3; . . . No.4; . . . 5; . . . 6.]

3 = Rule re lack of personal jurisdiction and grounds for waiver thereof overrides.

4 = Rule re discovery of spousal communication overrides.

5 = Requests for admission, and failure to respond thereto overrides.

6 =  Res judicata  rules override.

Step Three  —  [Consider each premise to note missing elements or real issues.]

[Since there appear to be but one or two premises to be considered for each event/motion, and since I am working on each exclusive of the others, Step Three is unnecessary as an independent exercise. It is part and parcel of inspecting the law giving rise to the premise under consideration to determine whether it is necessary to state all of the law to begin the first paragraph of analysis, or whether one or more elements can be focused on as pivotal.]

Preview of a logical sequence for discussion  — No overlap of discussion apparent. No reason apparent not to proceed in the chronology given.

WRITING PHASE

[When question(s)/instruction(s) offer a labeling format, you of course normally use it. The professor/bar grader will likely be looking for it (Here — 1,2,3, etc. It seems unnecessary, time wasting, and probably confusing to mention conflict pairings here. However, I am thinking of and guided by them.]

[Discussion]

Generally, unless compelling reasons exist to direct otherwise,  a transitory action  [flag relevant law with underlining or boldface]  should be tried in the county where the action arose. “Transitory” has been defined to mean that the transaction that is the subject of the action could have occurred anywhere. Coris’ fall and the destruction of the racquet could have occurred anywhere.  [Concludes statement of relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.]  Moreover, Coris, Only For Us, Inc. (OFU), and Jett Setter all reside in Queens County. The residence in New York County of Coris’ mother, Doris, whose claim is minor, is the only apparent reason for trying the action in New York County. It is hardly “compelling.”  [Concludes “lawyerlike analysis” — application of law to relevant facts.]

Conclusion : The motion should be granted.  [No hedging, as this seems open and shut.] 

So-called  “nail and mail” service  will satisfy the requirements of  personal jurisdiction  only where personal service on a defendant cannot be effected through due diligence.  [Law.]  It has been held that three attempts at “in hand” service at a defendant’s place of business, without attempting to serve the defendant at home or leave the summons and complaint with a person of suitable age and discretion at the place of business does not satisfy the requirements of due diligence. Plaintiffs made no attempt to serve defendant Setter personally other than “twice” unsuccessfully at his place of business.  [Analysis.]

Conclusion: The attempted “nail and mail” service was likely  [Hedging!]  ineffective for lack of due diligence.

Where a defendant who has not been properly served nevertheless appears in an action, answers the complaint, and interposes affirmative defenses, but never moves to dismiss for lack of personal jurisdiction, nor at any time claims lack of personal jurisdiction, the defense of lack of personal jurisdiction will be deemed waived upon the taking of an appeal.  [Law.]  Setter, as concluded above, was never properly served. Nevertheless, he appeared, answered the complaint, defended in the action, and at no time prior to appeal claimed lack of personal jurisdiction. Arguably, raising the claim on appeal is “after trial.” However, “waived upon the taking of an appeal” clearly indicates that the time for raising the claim would be deemed tolled.  [Analysis.]

Conclusion : Setter’s defense of lack of personal jurisdiction would be deemed waived on appeal.

Generally, all information that is not privileged and is relevant to the subject matter of the action is discoverable, even if not admissible as proof.  Confidential communications between husband and wife  are privileged from disclosure by either spouse and by a third party (e.g., an eavesdropper).  [Law.]  Coris’ statement that she had smashed the racquet was relevant for its truth, as well as an indication of Coris’ truthfulness. “Confidential” normally implies private or secret.  [Add clarification, or law, where needed, and appropriate.]  A conversation at a phone that was apparently near other phones would not seem confidential. Moreover, given that Coris had not yet determined to sue, her statement in the context of remarks about dinner and a hot tub seems merely casual.  [Analysis.]

Conclusion : The motion will fail. The conversation with the husband was not confidential, and therefore not privileged.

A request for an admission  imposes a duty on the party served to acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at trial. However, inter alia, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se). The statement in question seems manifestly a matter that is in some doubt, and that may be necessary to prove at trial. Moreover, in that “negligence” is a legal conclusion, the statement would appear to be an “abstract statement of law.”

Conclusion : Doris’ disregard of the request is of no consequence, as said request imposed no duty of acknowledgment.

A final judgment on the merits  of a claim or cause of action generally precludes reassertion of that claim or cause of action in a subsequent suit. Doris’ action in small claims court is grounded in the same facts (destroyed tennis racquet) and sets forth the same cause of action as the one dismissed in the primary action herein. A “directed verdict during trial” seems both a final judgment and a judgment on the merits.

Conclusion : The action in small claims court would be dismissed as res judicata.

SAMPLE EXERCISE 2

Corporations Hypothetical (50 min.)

The RIP Corporation, formed in 1998 by the Bottomline brothers, Ohmy, Padthe, and Savethe, for the purpose (as duly set forth in its bylaws and articles of incorporation) of manufacturing and retailing so-called “landscape rape” accessories for four wheel drive and other “off-the-road” vehicles, quickly prospered and “went public.” Between 1999, when 100,000 shares were first sold “over the counter,” and 2001 the total value of RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to forty million dollars.  Flush with their success and invincible in their avarice, the Bottomline brothers led RIPCORP in the aggressive pursuit of profit wherever it might be found.  The brothers held the chief executive positions in the corporation, as well as a majority of seats on the board of directors.  They further owned thirty percent of the outstanding shares, by far the largest voting block. Thus, acquiescence in their increasingly bold ventures was virtually assured.

Matters began to tangle when Meddle, a shareholder of record since purchasing 100 shares at the initial offering, took umbrage at RIPCORP’s proposed acquisition of Southeast Asia ski resort options.  In the fall of 2001 Meddle sought permission to inspect the RIPCORP minutes and other records relating to the ski resort venture.  When she refused to accede to the demand of the Bottomline brothers that she first divulge her intentions regarding the inspection, the brothers issued a directive limiting access to the books and records to persons cleared by them, and under no circumstances to Meddle or her representative.

Thereupon Meddle brought suit in her own right and on behalf of RIPCORP against the corporation and the Bottomline brothers personally to gain access to the books and records, to block the ski resort venture as an ultra vires act, and for repayment by the RIPCORP board of directors of any expenses incurred in connection with the pursuit of said venture.  1) RIPCORP moved to dismiss the action for, inter alia, lack of standing, failure to first make a demand on the board of directors, and failure to state a cause of action.  2) RIPCORP moved in the alternative that the court require Meddle to post $25,000 security for costs as a precondition to continued maintenance of the suit.  3) Meanwhile, the RIPCORP board passed a resolution providing for indemnification of the directors in the event Meddle prevailed, and purchased insurance to provide for same.  Meddle immediately moved to quash these actions.

How should the court decide the motions under 1, 2, and 3 above?

RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO

Ultra vires acts — Generally includes acts beyond the purpose or powers of the corporation, and sometimes includes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority.  Many jurisdictions now restrict ultra vires challenges to the following: 1) the right of a shareholder to enjoin unauthorized corporate acts; 2) the right of the attorney general of the state to enjoin such activities; 3) the right of the corporation to recover damages from the officers and/or directors (present or former) responsible for the ultra vires act(s). Shareholder inspection rights — Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is proper.  A shareholder may examine the stock book and minutes of stockholder meetings on demand if 1) he has been a stockholder of record for at least six months immediately preceding the demand; or 2) he is a holder of 5 percent of any class of outstanding shares.

Shareholder rights of action  — Generally, a shareholder may sue the corporation in his own name to enforce his rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation.  The latter “derivative action” may be maintained only if 1) the plaintiff is a shareholder when the action is brought; 2) the plaintiff was a shareholder when the alleged wrong to the corporation occurred; and 3) the plaintiff shows in his complaint that he has demanded that the board of directors commence the action, or that there are sufficient reasons for not making the demand (e.g., the board members are the defendants). Note that in order to minimize the possibility of derivative actions without merit being brought merely for “nuisance value” settlements or counsel fee awards, the corporation may require the plaintiff to post security for costs, unless 1) the plaintiff or plaintiffs hold at least 5 percent of any class of outstanding shares; or 2) the value of their shares exceeds $50,000.

Indemnification  — Generally, a director or officer may not be indemnified (reimbursed) against a judgment obtained against him in a direct action by the corporation, or a derivative action on behalf of the corporation, or for amounts paid in settlement thereof.  The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in the circumstances.  The corporation may purchase insurance to indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown.

MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL

PLANNING PHASE

Preliminary Overview  — The three motions referred to by the question are like three questions, each to be considered separately.  [Note the enormous benefit here of skipping over the facts.]

Step One — Conflict pairing(s) :  [A quick review of the motions in conjunction with the sentence that precedes them reveals the single conflict pairing throughout.]  RIPCORP, Inc. v. Meddle, etc., or vice versa for each motion (i.e., question).

Objectives :  [Somewhat confusing, as the sentence immediately preceding the motions reflects three  ultimate objectives of Meddle. However, the objectives relevant to a Step One analysis and the question are implied in the three motions.  Note that motion #1 also provides Movant RIPCORP’s premises (!!).  Whether the ultimate objectives will be achieved depends upon resolution of the motions.]

1)  dismiss the action versus keep it going;

2)  $25,000 security be required to be posted, versus not;

3)  board indemnification resolution and purchase of insurance be quashed, versus maintenance of same.

Step Two  —  [RIPCORP is movant for motions 1 and 2, Meddle for 3. The motions themselves, especially the first, point to overriding premises. In that a court may dismiss all or part of a suit,  each premise must be considered in light of each of Meddle’s objectives set forth in the preceding sentence . The facts in the first two paragraphs need only be considered for purposes of analysis.]

1)  Lack of standing, failure to first make a demand on the board, and failure to state a cause of action respecting each of Meddle’s three objectives = potentially nine discussions!!, but probably not.

2)   [Must refer to relevant portions of corporations toolbox.]   The law  [Noted in toolbox only.  Don’t write it in your outline.]  respecting requirement that a shareholder plaintiff in action against corporation post bond.

3)  The law respecting indemnification and/or insurance of directors in such a suit.

Step Three  —  [The motions seem more or less equivalent in weight.  Given the complexity of the relevant premises noted in Step Two, the effort necessary for a Step Three analysis seems needlessly duplicative of the analysis to be performed in writing the actual response.  Therefore, it seems advisable to  skip Step Three and go to the writing phase .]

Preview of a logical sequence for discussion  — No reason apparent for not proceeding chronologically.

Motion No. 1

Lack of standing/failure to state a cause of action

Generally, a shareholder may sue the corporation in her own name to enforce her rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation. Inter alia, the latter  “derivative action” can be maintained only if the plaintiff is a shareholder when the action is brought and when the alleged wrong to the corporation occurred. Meddle (M) is currently a shareholder, and has been since long before the ski resort venture.

Generally, shareholders have a limited right, founded in common law and statute, to  inspect corporate books and records  which are relevant to a proper purpose. Courts will determine whether a purpose is proper.  A shareholder may examine the stock book and minutes of stockholder meetings on demand if she has been a stockholder of record for at least six months immediately preceding the demand; or she is a holder of five percent of any class of outstanding shares.  M’s 100 shares, presumably grown after ‘”two splits” to 400, constitutes much less than five percent of any class of shares.  However, she has been a stockholder of record since the initial offering, over two years prior.

So-called  “ultra vires”  acts — acts beyond the purposes or powers of the corporation, and sometimes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority may properly be challenged by shareholders.  Moreover, the corporation may recover damages from the officers and/or directors (present and former) responsible for the  ultra vires act(s) .  Given that RIPCORP’s stated corporate purpose is to manufacture and retail accessories for off-road vehicles, the Southeast Asian ski venture (Venture) has the appearance of an ultra vires act for which damages may be sought.

Failure to first make a demand on the board

Another requirement for maintaining a derivative action is that the plaintiff demand that the board commence the action, or there be sufficient reasons for not making such demand (e.g., the board members are the defendants).  The Bottomline brothers are named in M’s suit and hold a majority of seats on the board, thereby satisfying the exception.

Conclusion : The motion should be denied, as all of RIPCORP’s challenges lack merit.

Motion No. 2

Corporations, in order to minimize the possibility of derivative actions without merit being brought merely for “nuisance value” settlements or counsel fee awards, may require a shareholder plaintiff to post  security for costs , unless the plaintiff or plaintiffs hold at least five percent of any class of outstanding shares, or the value of their shares exceeds $50,000.  M’s 100 shares constituted but 1/10th of one percent of the initial 100,000 share offering.  Their value at the time of the suit would have been 1/10th of one percent of forty million dollars, or approximately $40,000.  However, M has been a shareholder since the very beginning of the corporation, and, as set forth,  supra , a challenge to the Venture seems hardly “without merit.”   [Yes, basic math may be necessary!]

Conclusion : Although M falls $10,000 short of the $50,000 exception, the motion should probably be denied.  Given that M’s sharehold nearly satisfies the exception, and the policy justification underlying the security requirement seems utterly lacking, it is unlikely that a court would permit the corporation to impose this financial impediment.   [Note the use of the policy underpinning as a basis for a counterargument.]

Motion No. 3

Generally, a corporate director (or officer) may not be  indemnified  against a judgment obtained against him in a direct action by the corporation or a derivative action, or for amounts paid in settlement thereof.  The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in the circumstances.  The corporation may purchase insurance to indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown.

[Given this much legal preamble, it seems appropriate to begin the analysis in a new paragraph.]

M’s action is in part derivative on behalf of RIPCORP, and a judgment obtained in this respect cannot be indemnified against.  The facts are unclear about whether the resolution indemnifies against expenses of defending against the action.  Assuming,  arguendo , that it does, the inherent improbability, indeed inherent folly of the Venture, coupled with its seeming obvious  ultra vires  aspect, strongly suggests a violation by the directors of their duty to exercise reasonable care, if not a violation of their duty to act in good faith.  However, given that RIPCORP appears to have been engaged for some time in a pattern of divers schemes wholly unrelated to its stated purpose, it is unlikely that a court would be willing to take judicial notice of such a conclusion so early in the proceedings.

Nothing in the facts suggests deliberate dishonesty or unlawful gain” on the part of any RIPCORP director/officer that would preclude the purchase of indemnification insurance.

Conclusion : The motion should be granted as to any portion of the resolution that purports to indemnify against judgments obtained on behalf of the corporation, denied as to portions that indemnify against judgments obtained by M, and denied with leave to renew at a later time with respect to all other portions.

SAMPLE EXERCISE (3)

Wills Hypothetical (50 min.)

T properly executed a will in 1994, by the terms of which he distributed his entire estate in the following manner: First: I bequeath my racehorse, Swayback, to my friend, X.

Second: I bequeath $100,000 to my brother, Y.

Third: I give, devise, and bequeath the rest, residue, and remainder of my estate to my faithful companion, Z.

In 1998, having fallen out with Z, T properly executed a new will with the following terms:

First: I bequeath $100,000 to my brother, Y.

Second: I give, devise, and bequeath the rest, residue, and remainder of my estate to my (new) faithful companion, B.

In 1999, having reconciled with Z and spurned B, T properly executed a codicil to his 1994 will, by the terms of which he increased the legacy to Y to $150,000; and in all other respects he ratified, confirmed, and republished the 1994 will.

T died in 2001.  In a probate proceeding the evidence established the following:

1)  Although sober when he made the codicil in 1999, T was “drunk out of his mind” when he executed the 1994 will.

2)  T sold Swayback to a syndicate in 1997 for $200,000.

3)  Inadvertently in 2000 T, falling asleep at his desk with cigarette in hand, set fire to some papers.  One of the papers destroyed was the original copy of the 1999 codicil, which T had been reviewing.

4)  Y died in 2000.

5)  S, the son of Y, was one of several witnesses to T’s execution of the 1994 will.

Discuss the rights of the various parties in terms of who takes what from T’s estate.

RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL

Ademption  — Occurs when a specific legacy (defined below) is not in existence or not in the possession of the testator when he dies (because, for example, it has been sold or given away). When an ademption occurs, the legatee takes nothing.

Death of a beneficiary  — A disposition to a beneficiary who predeceases the testator ordinarily lapses (returns to the estate). By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue.  Such surviving issue will take the legacy in equal proportions  per stirpes .

Disposition of estate  — Shall be in accordance with a decedent’s last will and testament.

Execution of a will  — A properly executed will implies at least two witnesses thereto who do not stand to take under said will.

Republication  — A properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed. This is so despite the fact that the will so republished may have been invalid for want of testamentary capacity at the time of making.

Revocation  — As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator’s property, shall be deemed to have revoked the prior will by implication. A will may further be revoked by means of its physical destruction. Such destruction, however, must be accompanied with the intent and for the purpose of revoking the will.

Specific legacy  — A bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature. It must be taken by the legatee as and where he finds it.

Testamentary capacity  — Absent evidence to the contrary, testamentary capacity will be presumed where the testator, in executing a will or other document, accurately recites the nature and extent of his property, and recognizes the natural objects of his bounty.

Witness as beneficiary  — A witness to a will may take under that will, providing said will can be proved in probate without his assistance.

MODEL RESPONSE TO WILLS HYPOTHETICAL

Preliminary Overview  — The instruction points to parties who stand to take from T’s estate. Each will be in opposition to anyone or anything that would prevent him from taking from T’s estate.

Step One  —  X, Y, Z, B, and A  vs. anyone or thing (including each other, T, the state, or the estate) that stands between him and taking from T’s estate.  B  v.  Z  seems a key conflict.

Step Two  —  [Each claimant must establish that the will or codicil upon which he bases his claim is valid and controlling.  Each will likewise seek to defeat a competitor claim.  Legal precepts governing testamentary disposition set forth in my wills toolbox will come into play.  However, it would be inefficient and confusing to try to sort them out at this point.  Better to focus on one conflict at a time in the writing phase.  Possibly there will be overlap of premises/discussion.]

Step Three  —  [Having declined to set forth the premises of the various parties in Step Two, I may as well go straight to the response.  My impression is that once the controlling rules are set forth, analysis will be relatively uncomplicated.]  Ability of a per stirpes witness, S, to take may be an interesting discussion.

Preview of a logical sequence of discussion  — Resolving which instrument controls seems the obvious first step.  Therefore, beginning with B v. Z would seem to make sense.

B and Z’s rights    [This label conforms to the instruction.  B v. Z might confuse.  But I’m  thinking  B v. Z!]

As a general rule, a  subsequent will  that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator’s property, shall be deemed to have revoked the prior willby implication.  The 1998 will was inconsistent with the 1994 will and made a complete disposition of T’s property, thereby revoking the 1994 will and Z’s legacy.

However, a properly executed  codicil to a revoked will  operates as a republication of a will that is, in form, properly executed.  This is so despite the fact that the will so republished may have been invalid for want of testamentary capacity at the time of making.  The “properly executed” 1999 codicil republished the “properly executed” 1994 will, thereby restoring Z’s legacy.  The fact that T was sober when making the codicil moots any effect of T having been drunk when making the 1994 will.  There being no evidence to the contrary, the fact that T in executing the codicil accurately recited the nature and extent of his property and recognized the natural objects of his bounty will establish his  testamentary  capacity in making the codicil.

Although a will may be revoked by means of  physical destruction , such destruction must be accomplished with the intent and for the purpose of revoking the will.  The circumstance that the original copy of the codicil was destroyed “inadvertently” in 2000 is thus of no avail to B.

Conclusion :  The 1998 will is revoked, and B takes nothing.  Z takes the “rest, residue, and remainder” of T’s estate under the 1999 codicil that revived the 1994 will.

X’s rights

An ademption occurs when a specific legacy (i.e., a bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature) is not in existence or not in the possession of the testator when he dies.  When an ademption occurs, the legatee takes nothing.  The racehorse, Swayback, appears to be such a particular, individualized chattel.  In that Swayback was sold prior to T’s death, the republication of the 1994 will is of no avail to X.

Conclusion :  X takes nothing from T’s estate, as his legacy has adeemed.

Y and S’s rights

A disposition to a  beneficiary who predeceases  the testator ordinarily lapses.  By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue.  Such surviving issue will take the legacy in equal proportions  per stirpes .  Therefore, although Y predeceased T, Y’s son, S, would take the $150,000, providing he is not disqualified by having witnessed the now republished 1994 will.

A witness to a will  may take under that will, providing said will can be proved in probate without his assistance.  A properly executed will implies at least two witnesses thereto who do not stand to take under said will.  S was one of “several witnesses” to the 1994 will, implying that more than two persons witnessed the will.  Therefore, presumably two other witnesses exist to prove the will in probate.

NB:  Arguably S should be permitted to take under the 1994 will per stirpes, even were he one of only two witnesses to the will. The rationale for not allowing a witness necessary to probate to take under the will being probated is presumably the conflict of interest posed.  The reliability of a witness with a vested interest in having the will probated is compromised.  Y, however, not S stood to take under the 1994 will.  Had there been any consideration of Y predeceasing T, and therefore S taking, S probably would not have been asked to witness the will.  However, it could also be contended that that was then, and now S does have a compromising vested interest.

[This latter paragraph is not necessary.  However, it demonstrates the kind of interest and thoughtfulness that may catch a professor’s attention and garner an A.  Possibly it should be highlighted in some way, perhaps with a red star.  I might even decide to put it on the blank page left at the beginning.  (See p.75.)]

Conclusion : Y, having predeceased T, will take nothing.  However, Y’s intended legacy will go to the son, S,  per stirpes .  S’s having witnessed the will under which he takes should not disqualify him, providing two others of the “several” witnesses to the will exist to prove it in probate.

Actual Civil Procedure I Exam, Fall 2006, U. Memphis School of Law (with Model A+ Response and Professor Comments)

[The example that follows is an actual exam and model response sent to us by one Richard Townley, Sr., U. Memphis class of 2009E (evening division).  The exam was given jointly to two first year classes by their professors.  Richard ordered the audio CD version of LEEWS.  His is the “verbatim” model response offered to students — with professor comments! — as what was wanted.  His response received the highest grade, one of only two A+ grades.  His accompanying remarks are reprinted in the “Results” section.  Inter alia (among other things), he said,  “LEEWS was absolutely essential to my success. …. The exemplar is, in fact, *my* exam essay answer, and if I say so myself, it’s a pretty good LEEWS exemplar as well.”

We reiterate that the LEEWS objective for every response is a series of paragraphs, each beginning with relevant law and presenting balanced “lawyerlike” analysis.

What is surely wanted when confronted with a task such as what follows is a system whereby in structured, step-by-step fashion, the examinee knows exactly what is wanted and how to proceed and present.  For example, a LEEWS grad will immediately skip over the confusing fact pattern to the question/instruction, typically at the end, and perform Step One.  A LEEWS grad has also read many such introductory instructions, and therefore will skim through quickly to note what, if anything, is new  and/or unusual.  Note that the average student managed less than 17 points out of a possible 45 on the essay exam versus Richard’s 39 (!!).

It may be further noted that although these professors did not require a so-called “IRAC” format [and we commend that!), Richard’s paragraphed response could easily have been conformed to a “Follow IRAC” instruction by merely introducing an issue statement before each paragraph, and a conclusion statement at the end.  LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the issue, and conclusions are unimportant.]

Civil Procedure I — Exam Results — Fall, 2006  (§ 11 = Prof Banks,  § 12 = Prof Entman)

Essays – 45 points Average — § 11  [17.2]; § 12  [16.1]; both sections [16.6] Range —    § 11  [3 – 42]; § 12  [4 – 39]

Multiple Choice – 55 points (35 questions) Average — § 11  [33.70]; § 12  [35.00]; both sections  [34.36] Range —    § 11  [18.86 – 50.29]; § 12  [17.29 – 53.43]

Total – 100 points

Average —  § 11  [50.90]; § 12  [51.09]; both sections  [50.99] Range —     § 11  [22.86 – 92.29]; § 12  [26.29 – 83.00]

Average Grade – § 11  [2.33] Both Sections  [2.34] § 12 [2.34] A+:  82 and above A :   68 – 82 A- :  64 – 68 B+ : 60 – 64 B  :  56 – 60 B- :  52 – 56 C+ : 48 – 52 C :   44 – 48 C- :  40 – 44 D+ : 36 – 40 D :   32 – 36 F :     0 –  32

INSTRUCTIONS – Read these instructions carefully.  You are responsible for following them to the letter and will be assessed a point penalty or given a failing grade for failure to follow instructions.

Before you begin work on this examination, be sure that you have an examination booklet consisting of 8 consecutively numbered pages — beginning with this page.  Part I consists of  problems calling for written analysis.  Part II consists of 35 multiple choice questions.  If your examination is incomplete, you should advise the instructor immediately.  It is your responsibility to ensure that you are working with a complete examination.

The exam is closed book.  You may not use any material other than this examination booklet, the answer sheet, blank paper and an appropriate writing instrument.  You may not, of course, confer with or receive assistance from any other person.

Part I Your answers for Part I should be written on the paper provided.  Be sure to identify clearly which subpart you are answering (e.g., I. A.).  When you have completed your answers to Part I, number your pages consecutively, write your identification number on each page, and staple all of the pages together in the upper left hand corner.

1.  Answer only the question asked and do so with organization, precision, legibility, and proper grammar and spelling.

2.  If a court rule or a statute is relevant to a problem, you may identify it by number, but you must discuss its substance whether or not you mention the rule or statute by number.

3.  Write on only one side of a page and leave a left margin.

Part II Write your identification number in the space provided on the answer sheet for Part II and mark the appropriate corresponding circles on your answer sheet to indicate your examination number.  Do not staple the answer sheet for Part II to anything.

Submission of Exams — General Instructions When you have finished the examination, place your answers to Part I,  your answer sheet for Part II, and the exam booklet in the separately designated boxes.

All examination booklets must be turned in. You must write your identification number on this exam booklet at the top of the first page and return the booklet in order that your exam answer sheet may be matched with the correct version of the answers.  Do not write your name on anything.

For this examination, unless we have specifically studied to the contrary, you should assume the following:

1.  all states have adopted rules of civil procedure identical to the Federal Rules of Civil Procedure;

2.  all states have enacted statutes that authorize the exercise of jurisdiction on each of the traditional bases recognized by the Supreme Court up to the date of its decision in International Shoe;

3.  all states have also enacted the following statutes:

X.C.A. § 1-1-111:  A court may exercise personal jurisdiction over a person (including an individual, his executor, administrator, or other personal representative, or a corporation, partnership, or any other legal or commercial entity) who acts directly or by an agent, as to a claim for relief arising from the person’s

(a) transacting any business within this State;

(b) causing tortious injury by an act or omission in this State;

(c) causing tortious injury in this State by an act or omission outside this State if the person regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this State;

(d) owning, using or possessing any property situated in this State;

(e) contracting to insure any person, property, or risk located within this State at the time of contracting.

X.C.A. § 2-2-222:  In any suit brought in the courts of this State, service of process may be achieved by sending a summons and a copy of the complaint by registered mail, return receipt requested, to the defendant’s home address, or principal place of business, wherever located.

Part I The problems in Part I are worth a total of 45 points. They are not of equal weight.

A. You are now an associate attorney in a law firm.  Respond fully to the following memorandum from one of your employers.  “I Quit” is not a recommended answer.

Memo From: Partner To:     Associate Re:     First Commercial & Industrial Bank v. Isolde Date:  Dec. 11, 2006

[Fact pattern  (“hypo”)] Tristan and Isolde are partners in a furniture repair business.  Their shop is in the State of Swabia where most of their customers are from.  Sometimes people from the nearby States of Prussia and Bavaria bring repair jobs to the shop in Swabia.  Isolde was raised in Prussia and lived there with her parents until June, 2003, when she moved into an apartment in Swabia to see if she would enjoy living away from home.

In July, 2003, a vice-president of First Commercial & Industrial Bank of Prussia [“First Commercial”] attended a lecture on furniture repair that Isolde gave in Prussia. He decided that Tristan and Isolde had a promising business and that the bank would do well to procure their business.  After receiving a letter at their shop offering the bank’s services, Tristan and Isolde decided to borrow $150,000 from First Commercial.  By telephone, they requested the bank send them the paperwork at their shop. On August 15, 2003,  Tristan and Isolde signed the loan papers at their shop and Tristan immediately took them to First Commercial’s main office, located ten miles away in the State of Prussia.  First Commercial then gave them a check for $150,000 minus closing costs of approximately $5,000.  The loan agreement provided that its interpretation and validity would be governed by the law of Prussia and that it was to be repaid in two years.

Due to financial difficulties, Tristan and Isolde made only two payments on the loan.  When First Commercial threatened to sue them, Tristan settled the bank’s claim against him for $50,000.  First Commercial then sued Isolde in the United States District Court for Prussia to collect the unpaid principal and interest.  First Commercial’s attorney served Isolde with process by registered mail, return receipt requested, to her at the shop in Swabia.

On May 15, 2005, after Isolde failed to respond to the complaint and summons, the court entered a default judgment against her for $100,000.  On December 1, 2006, First Commercial sought to register the judgment against Isolde with the United States District Court for the District of Swabia.  In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in a bank account in Swabia.  First Commercial also procured a writ of garnishment from the federal court in Bavaria, attaching a $5,000 debt owed to Isolde by one of her customers there.

[Question/instruction] We represent Isolde.  Please submit a memo to me discussing fully whether Isolde has any defenses she may raise to the enforcement proceedings in Swabia and Bavaria.  Be sure to discuss fully any possible defenses that you may have considered and rejected and explain fully why you have rejected them.

B. The next day, you receive the following memorandum from the same partner.  Again, respond fully.

Memo From: Partner To:     Associate Re:     First Commercial & Industrial Bank v. Isolde Date:  Dec. 12, 2006

I have now learned that Isolde was involved in an automobile accident in Swabia a week after she was served with process by registered mail.  She was rendered unconscious for two days.  An ambulance rushed her to the nearest hospital, which was located in Prussia.  Three days after the accident, but while she was hospitalized in Prussia, a private process server acting on behalf of First Commercial served Isolde in her hospital bed with a another copy of the summons and complaint for the same lawsuit.

Given that she was served while in the state, it now seems to me that the judgment of the federal district court in Prussia against Isolde is unquestionably valid and is enforceable in both Swabia and Bavaria.  Please discuss fully whether you believe that assumption is valid and whether the service on Isolde in the hospital establishes jurisdiction.

Sample Essay Response

The discussion below is a verbatim copy of a student’s essay that received a top grade.  Commentary by Professors Banks and Entman appears in brackets. [LEEWS note:  We reprint this commentary in blue.]

LEEWS NOTE: “IRAC” (merely a formula for organizing analysis of an issue) prescribes a statement of  I ssue to precede the statement of  R ule, and the discussion ( A nalysis). (And  C onclusion at the end.) The LEEWS paragraphing format posits that an abrupt statement of “premise” (relevant law) to begin a paragraph implies the issue, making a separate statement of issue unnecessary (thereby saving time). Richard’s model response in LEEWS format does this. Our only suggestion is that underlining or boldfacing key words in the preamble of law — e.g.,  Subject matter jurisdiction  in the opening paragraph,  federal diversity statute  in the next — to assist the professor in recognizing the topic (issue).

Subject-matter jurisdiction.  The federal courts are courts of limited jurisdiction; they can only hear certain types of claims as outlined in Article III of the US Constitution and as authorized by Congressional Statute.  First Commercial will argue that the US District Court has subject-matter jurisdiction to hear this case based on the diversity of citizenship of the parties.  First Commercial is a citizen of Prussia.  Isolde has been living in Swabia for one month. [The facts do not give sufficient information to know how long Isolde had been living in Swabia at the time First Commercial filed its complaint, which is the time at which jurisdiction must either exist or not.  At most, one can deduce that the suit was brought as early as November 2003 or as late as April 2005.  Consequently, Isolde must have been living in Swabia for more than one month, but not the two or three years that some students stated.]   She can argue that she is still domiciled in Prussia, where she lived her whole life up to June of 2003, because she only moved to Swabia temporarily, to see “if she would enjoy” life on her own.  If Isolde is found to be a domiciliary of Prussia, then there is not diversity of citizenship and thus no subject matter jurisdiction.  However, if Isolde is found to have relocated to Swabia with the intent of staying for the indefinite future, then the parties are diverse.

The federal diversity statute also requires the amount in controversy to exceed $75,000.  The $100,000 judgment against Isolde satisfies this requirement. N.B.  [Please do not use abbreviations, including this one.]   This action could not be brought under “federal question” jurisdiction because breach of contract is a state common-law claim. Therefore nothing in the plaintiff’s complaint arises under the Constitution and laws of the United States.

Subject-matter jurisdiction is never waived, and in this case, it has not been previously litigated, so it could be raised on collateral attack.  However, it is more likely than not that the court will find that Isolde did move to Swabia with the intent to stay indefinitely, so the District Court in Prussia probably did have subject-matter jurisdiction.

Personal jurisdiction.  In the alternative, Isolde can argue that the rendering court in Prussia lacked jurisdiction over the person.  Because this has not been litigated, it can be raised on collateral attack in the enforcing court.   [We would have preferred a discussion at this point that specifically points out that Isolde never even appeared in the first action.  Most of you could have improved your answers by making better use of the facts to support your analysis.  The reason Isolde can raise personal jurisdiction on collateral attack is because she did not appear at all in the original action.  Since she did not appear, there is no reason to discuss Rule 12.]   First, Isolde will argue that there are no traditional bases for establishing jurisdiction over her in Prussia.  N.B. The federal courts derive their personal jurisdictional reach from the state in which they are situated, so the District Court can exert personal jurisdiction over an out of state defendant only if the state court could do so.  Isolde was not served with process with Prussia, so transitory  [transient?]  jurisdiction does not attach.  Because it is necessary that she be domiciled in Swabia to establish diversity of citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on the basis of domicile.  Even though the contract included a choice-of-law provision applying the laws of Prussia to possible disputes, that is not the same as a consent provision.  [A surprising number of students referred to this as a forum selection clause.  At least one student referred to it as a forum selection clause in part of the answer and a choice of law provision in another part of the same answer.  Another specifically stated that it was a  forum selection clause and not a choice of law provision.  Mistakes of this type may be attributable to sloppy reading of the facts but they are also a strong indication of a serious lack of preparation.  Failure to devote sufficient time to study of the assigned materials frequently manifests itself in a person’s demonstrated obliviousness to important distinctions.  Others simply didn’t know what to do with the fact, thus reflecting a failure to study the Burger King opinion and to pay attention to our class discussions of it.]

Statutory basis.  First Commercial will argue that the long-arm statute conferred specific jurisdiction over Isolde on the basis of the first of the  enumerated acts: “a) transacting any business within the State.”  The claim for relief, the $100,000 breach of contract, arises from the defendant’s act of entering into the loan contract, which First Commercial will argue was executed on Tristan’s delivery of the loan documents to the Bank’s main office in Prussia.  Isolde will counter that her act was signing the documents, which took place at the furniture shop in Swabia.  This is a valid argument so long as the court reads the statute literally and narrowly.  However, if a court interpreted the statute broadly (See Gray v. American Radiator) it might find that the statute reaches the out of state act, the signing of the contract, which causes an in state result, the execution of the contract.   [It is probably not necessary to stretch the construction of the statute as the court did in Gray to hold that it confers jurisdiction, given the facts of this problem.  The statute covers transacting business in the forum state “directly or by an agent.”  Like McShara in Burger King, Tristan was acting on behalf of the partnership (thus as an agent) in delivering the papers to the bank.  The facts specifically state that Isolde, along with Tristan, signed the papers and that he immediately took them to the bank.  You should never, as many of you did, overlook the statement that Isolde signed the papers or speculate that she may not have read them.  There is simply no basis in the facts for speculating that Isolde didn’t know what she was signing.  Indulging in speculation that she might not have reveals desperation.]

Constitutional Standard.  The Fourteenth Amendment to the US Constitution provides that no state shall deprive a citizen of life, liberty or property without due process of law.  The U.S. Supreme Court defined the due process standard as it relates to imposing personal jurisdiction on an out of state defendant in International Shoe: jurisdiction is constitutional only if the cause of action arises from the defendant’s minimum contacts with the forum, such that the assertion of jurisdiction would not offend traditional notions of fair play and substantial justice.  Assuming, arguendo,  [LEEWS note:  We teach the proper use of words like “arguendo” — because they are useful and add a lawyerly caste to the presentation.]  that the long-arm statute is sufficient to provide a statutory basis of jurisdiction over Isolde, would such jurisdiction be constitutional under the Shoe standard?   [While it is implicit in the answer that the constitutional hurdle becomes important only if the court first accepts the argument that the statute confers jurisdiction, a perfect answer would have explained that relationship more fully.]    Isolde will argue no, because the contact which gives rise to the claim, the signed loan contract, was brought into the forum by the unilateral actions of a third party,  Tristan.  Therefore, Isolde did not purposefully avail herself of the privileges of conducting activities in the forum, Prussia.  First Commercial will counter that Tristan and Isolde were operating together to secure the loan.  They reached into the forum when they called First Commercial.  Isolde knew that Tristan was taking the documents to Prussia, [run-on sentence, a sin committed by many students in these essays] therefore it was imminently [eminently]  foreseeable that the contract would be executed there, and she could reasonably anticipate being haled into court in Prussia over any disputes to the contract.  (See Denckla, Worldwide VW).

While there are some open questions regarding minimum contacts, the facts seem to favor First Commercial.  In the alternative,  [In addition?]  can Isolde raise any of the fairness factors, defining “fair play and substantial justice,” articulated in the US Supreme Court’s Burger King decision?  In weighing the relative burden on Isolde compared to the interest of First National in litigating in Prussia, it does not seem unfair to require Isolde to travel to a nearby state where she lived most of her life and where she sometimes appears to give lectures.  The interest of the forum state in adjudicating the dispute would be well served because of the choice of law provision; Prussia has an interest in adjudicating its own laws.  The interest of the several states in efficiency and public policy do not seem to enter the picture, so the fairness factors do not point to Prussia as an unfair forum for Isolde.

Conclusion.  Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on a defense of lack of personal jurisdiction.

[Many of you neglected altogether most of the issues about validity of the Prussia judgment treated in the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and service of process in the enforcement proceedings in Swabia and Bavaria.  Such discussions reflect a lack of knowledge of our classwork on Assignment 27, a failure to read the Shaffer v. Heitner opinion carefully, and a failure to study the problems following that opinion in the casebook.]

The Supreme Court upheld the traditional transitory  [transient?]  jurisdiction in the Burnham case.  A state is all powerful within its borders, and service of process within a state is usually certain to establish personal jurisdiction over the person served, regardless of whether or not that person has any other contacts with the forum.  However, in the case of a defendant who was served after having been brought into the forum against her will or without her knowledge, there seems to be something fundamentally unfair about asserting personal jurisdiction over that defendant.  There are certain times when people are immune from service of process, e.g. while in the forum under subpoena as a witness.  A plaintiff cannot fraudulently induce a defendant into the form for the purpose of a “gotcha” service of process.  By analogy, it would seem that policy should demand that a person brought into the form unconscious, as a result of a medical emergency, should not be subject to personal jurisdiction as a result of being served with process under those circumstances.

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• Sep 16, 2014

Tips from your Tutor: How to Write the Perfect Law Essay Introduction

After reading the first few sentences of a law essay, most markers will start to formulate an idea of the mark range. If they start with a Credit, Pass or Fail mark in mind, it becomes incredibly difficult for the paragraphs that follow to bring the paper back up into the higher mark brackets. Impress your marker from the get-go by following these tips…

1. Provide context

You may be keen to begin outlining your points in the first sentence of your essay, but it’s good practice to open your paper with one to three sentences of background information that provides context for the argument that follows. For example:

In 2009, the […..] Act was introduced to remedy problems of […..] However, from its inception it has been criticised for [.....].

2. Refer to the question

It’s good to have some brief background information in your introduction, but this is worthless if it is not related back to the question. Make sure you clearly refer to the question in your introduction by using its key terms throughout. For example, if the question is: “What has been the impact of the […] amendments?” you could refer to the question in the following way:

This essay will examine recent amendments to the [.....] Act and explore their effect upon […..].

3. Be specific

Be specific about where your essay will go. Which reforms or mechanisms will you focus on? Which one(s) will you avoid? Why? Will you draw on any comparative jurisdictions? Theories?

This essay will examine the effectiveness of civil litigation rules in relation to Summary Judgments only. Summary judgments have been chosen as the key area of inquiry because they are the major mechanism a judge can use to filter out cases that should not go to trial. This essay will draw upon the American experience to suggest that a higher threshold test is preferable to NSW’s current standard…

4. Provide a roadmap

After you outline the scope of your argument, you should provide a brief outline of your essay’s structure to assist the reader:

In section I, this essay will outline the key recommendations of the […..] Report. Section II will examine the implementation of these recommendations in the current [……] Amendment Act. In section III, the effectiveness of this amending instrument will be critiqued, before possibilities for reform outlined in Section IV.

5. Finish with your conclusion(s)

Students are often quite shy about putting their conclusion(s) into their introduction, but this comes across as polished and professional:

This essay will ultimately conclude that the threshold test for obtaining a default judgment is inappropriate and unfair, and should be raised to reflect the standard in [jurisdiction].

Marie Hadley is a lawyer, PhD candidate at UNSW, and tutor who loves teaching legal writing and problem solving skills.

FROM THE ARCHIVES: This story was first published on Survive Law on 22 August 2013.

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Academic and professional legal writing requires you to develop an argument and demonstrate relationships between the ideas you are expressing. 

Therefore, the ability to express yourself clearly and accurately is important.  Here you will find information to help you improve your writing for any purpose in your law degree.

Academic writing in law is:

Academic writing in law does not:   

Steps to Writing a Law Essay

Throughout your law degree, you will be expected to write a range of different texts, including research essays, responses to problem questions, and case notes.

Not matter the type of text you are asked to produce for an assignment, make sure you follow these steps:

• Plan :  read the questions carefully and think about how you will answer it
• Research :  read, read and read! Make use of everything available to you - don't forget the library!
• Make thorough notes : include all important (and relevant) details and quotes and take note of the source. Make sure you organise your notes so as to make the writing task easier
• Write the first draft :  before you start writing your first draft, refer back to your initial plan and make any necessary changes now you have done your research and gathered your notes. 
• Review and edit :  remember to proofread your work!

The IRAC Method

IRAC is an acronym that stands for: Issue, Rule, Application, and Conclusion. It functions as a methodology for legal analysis and is used as a framework for organising your answer to an essay question in law school.

[ Open All | Close All ]

In legal writing, issues are the core of the essay.

This part of the essay should:

• Identify and state the issue
• Name those involved (plaintiff and defendant) and briefly describe their individual issues
• Work out what body of law may govern the resolution of the issue (e.g. Contract Law)

The rule describes which law applies to the issue. The rule should be stated as a general principle, and not a conclusion to the particular case being briefed.

• Outline the legal principles that will be used to address to the issue
• Source legal principles from cases and legislation

The application is the most important and longest part of your answer. It involves applying the Rule to the facts of the issue and demonstrating how those facts do or do not meet the requirements laid down by the rules. Discuss both sides of the case when possible.

• Explain why the plaintiff's claims are or are not justified
• Identify how the law will be used by the plaintiff and defendant to argue their case
• Use relevant cases and legal principles to support your writing
• Do not try to strengthen your argument by leaving out elements or facts that will hurt it

As with all essays, the conclusion is a statement that identifies your answer to the issue.

• Identify what the result of your argument ir, or what it should be
• State who is liable for what and to what extent
• Consider how the plaintiff and defendant could have acted to avoid this legal issue

Useful Links:

• UWA IRAC Guide This guide from the University of Western Australia offers examples of how the IRAC method can be applied to different cases.
• Law School Survival: The IRAC Method A useful site that presents a detailed outline of the IRAC method as well as skeleton outlines.

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• URL: https://top-au.libguides.com/legal-method-research-and-writing

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Home Essay Samples

Essay Samples on Law

Law essay writing relates to one of the most complex academic tasks because there are numerous case studies, court hearing analysis assignments, and comparisons of both local and international laws. As most students majoring in Law will agree, it’s much better when you can approach free law essay examples because it helps to understand things in a much clearer way. We have a great collection of various legal assignments for you that focus on modern and historical topics. Students that are not majoring in Law will also find these helpful as law essay topics presented address various social issues. It helps to explain the importance of Law essays for students majoring in Business Management, Healthcare, Psychology, and Marketing. As you browse through the list, you shall encounter American, British, European, and International law essay ideas that you will find inspiring. See the list of sources that have been used (at the end of each sample provided) as these may be helpful as you compose your Law essay. As you look through the samples on offer, do not forget to focus on how each paper has been structured and how the laws have been cited to provide a piece of evidence.

Surveillance in George Orwell's "1984": The Perils of Totalitarian Control

George Orwell's novel "1984" serves as a chilling depiction of a dystopian society where surveillance is used as a tool of control and manipulation. The novel explores the devastating consequences of a government that employs surveillance to monitor and regulate every aspect of its citizens'...

• Surveillance

The Rich vs. Poor Justice System: Navigating Disparities in Access

The stark contrast between the rich and poor justice system raises critical questions about equity, fairness, and the extent to which the legal system serves individuals from different socioeconomic backgrounds. The administration of justice is expected to be blind to wealth and social status, providing...

• Criminal Justice

Racism in the Justice System: Unveiling Disparities

The presence of racism in the justice system is a deeply concerning issue that raises questions about fairness, equality, and the principles upon which modern societies are built. The justice system is intended to uphold the rule of law and ensure justice for all, regardless...

• American Criminal Justice System

Is the Canadian Justice System Fair? An Examination of Equity

The question of whether the Canadian justice system is fair is a topic of ongoing debate and scrutiny. As a cornerstone of a democratic society, the justice system is expected to uphold principles of equality, due process, and justice for all. This essay delves into...

The Importance of the Criminal Justice System

The importance of the criminal justice system cannot be overstated in a functioning society. It serves as the cornerstone of maintaining law and order, upholding justice, and safeguarding the rights of individuals. This system comprises a network of agencies, institutions, and processes that work together...

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The Criminal Justice System in the UK: A Comprehensive Overview

The criminal justice system in the UK is a complex and multifaceted framework that plays a crucial role in maintaining law and order, upholding justice, and ensuring the protection of citizens' rights. This system encompasses various agencies, institutions, and processes that work collaboratively to address...

• United Kingdom

Why Did You Choose Law as a Career

The decision to pursue a career in law is one that often carries profound motivations and aspirations. In this essay, I share my personal journey and delve into the factors that led me to choose law as a career path. By exploring the intricacies of...

The Three Major Components of the Criminal Justice System

The three major components of the criminal justice system play a vital role in maintaining law and order, upholding justice, and ensuring the protection of citizens' rights. This system is a cornerstone of modern societies, designed to address and mitigate criminal activities through a structured...

The 2nd Amendment and Its Interpretation: An Argumentative Analysis

The 2nd Amendment argumentative topic remains a subject of intense debate in the United States, with differing viewpoints on the interpretation and implications of this constitutional provision. The 2nd Amendment, part of the Bill of Rights, states: "A well regulated Militia, being necessary to the...

• Second Amendment

The 15th Amendment: Extending Voting Rights and the Quest for Equality

The 15th Amendment to the United States Constitution, ratified on February 3, 1870, stands as a significant milestone in the country's history. This amendment granted African American men the right to vote, marking a critical step towards expanding suffrage and addressing the injustices of the...

• American Constitution

Why Is the Second Amendment Important: Examining the Right to Bear Arms

The Second Amendment of the United States Constitution, often a topic of intense debate, holds a pivotal place in American history and culture. Enshrined within the Bill of Rights, this amendment protects the right of citizens to bear arms. This essay delves into the reasons...

• Gun Control

Why I Want to Become a Lawyer: Advocating for Justice

Becoming a lawyer is a journey that resonates deeply with my passion for upholding justice, defending the rights of individuals, and navigating the complex web of legal intricacies. The prospect of making a difference in people's lives, advocating for those who need a voice, and...

• Career Goals

Lowering the Drinking Age to 18: Examining the Pros and Cons

The debate over lowering the drinking age to 18 is a contentious issue that raises questions about maturity, responsibility, and public health. This essay delves into the arguments for and against reducing the legal drinking age and analyzes the potential implications of such a change....

• Legal Drinking Age

Is the Criminal Justice System Broken: Analyzing Challenges

The question of whether the criminal justice system is broken has become a topic of intense scrutiny and debate in recent years. As instances of wrongful convictions, racial disparities, and inadequate rehabilitation efforts come to light, many individuals and experts argue that the system is...

Inequality in the Criminal Justice System: the Issue of Fairness

The criminal justice system plays a critical role in maintaining social order and upholding the rule of law. However, despite its important function, the system is marred by significant inequalities that disproportionately impact marginalized communities. In this essay, we will delve into the causes and...

• Social Inequality

Exploring the Concerns: Reasons Why Marijuana's Should Not Be Legal

The debate surrounding the legalization of marijuana has garnered significant attention in recent years. While proponents argue for its medical benefits and potential economic gains, there are legitimate concerns that warrant a closer examination. This essay delves into several key reasons why marijuana's should not...

• Marijuana Legalization

Deciphering Legal Realms: Exploring the Difference Between Civil and Criminal Law

Legal systems around the world are structured into distinct categories to address a wide array of conflicts and violations. Two primary branches of law, civil and criminal, serve unique purposes and operate under different principles. This essay delves into the fundamental difference between civil and...

• Criminal Law

Causes and Effects of Cyber Crime: Unraveling the Digital Threat Landscape

Cyber crime, a rapidly growing menace in the digital age, has profound effects on individuals, organizations, and society as a whole. This essay delves into the complex causes and effects of cyber crime to examine its far-reaching consequences on privacy, economy, and security. By understanding...

• Cyber Crime
• Cyber Crimes

The Importance of Freedom of Speech: Upholding Democracy and Fostering Progress

Why freedom of speech is important? In a world where ideas shape societies and opinions guide actions, the concept of freedom of speech holds immense significance. It serves as a cornerstone of democratic societies, fostering open discourse, promoting diverse viewpoints, and ultimately contributing to societal...

• Freedom of Expression
• Freedom of Speech

Should Roe v. Wade Be Overturned: Exploring the Abortion Debate

Should Roe v. Wade be overturned? The legal and moral complexities surrounding the Roe v. Wade decision have ignited a fervent debate that continues to shape the sociopolitical landscape. This essay delves into the heart of this contentious issue, exploring the arguments on both sides...

• Abortion Debate

Freedom of Speech: Balancing Liberties and Responsibilities

Freedom of speech is a fundamental pillar of democratic societies, ensuring that individuals have the right to express their thoughts, opinions, and beliefs without fear of censorship or persecution. However, as with any right, there is the potential for abuse. This essay explores the delicate...

Cyber Crime: Navigating the Digital Underworld

Welcome to the realm of technology and its dark counterpart – cyber crime. In our interconnected world, where the digital landscape continues to expand, the prevalence and sophistication of cyber crimes have become a pressing concern. This essay delves into the intricate web of cyber...

Exploring Anti-Death Penalty Sentiments: Reevaluating Capital Punishment

The death penalty, a contentious practice in many legal systems, has spurred ongoing debates about its morality, efficacy, and ethical implications. This essay delves into the heart of anti-death penalty sentiments, elucidating the reasons behind the opposition, examining the ethical concerns against the death penalty,...

• Capital Punishment
• Death Penalty

Pioneering Justice: Legacy of First African American Supreme Court

The appointment of the first African American Supreme Court Justice marked a historic milestone in the journey towards equality and justice within the United States. This essay delves into the life and accomplishments of the first African American to serve on the highest judicial body...

• African American

Death Penalty Summary: An Overview of Capital Punishment

Introduction In societies across the world, the death penalty remains one of the most polarizing issues, sparking intense debates around morality, justice, and human rights. This death penalty summary essay aims to provide an objective and comprehensive overview of capital punishment, exploring its history, the...

Death Penalty Discussion: Examination of Capital Punishment

Introduction The debate surrounding the death penalty is as ancient as the practice itself. This death penalty discussion essay will dive deep into the heart of the matter, unpacking the historical, moral, and legal nuances of capital punishment. It will draw upon diverse arguments and...

Freedom Is the Song of the Soul: A Symphony of Self-Expression

Introduction The concept of freedom is central to the human experience, and its relationship with the soul has been a frequent topic of discussion in various cultural, philosophical, and spiritual contexts. In this essay, we will explore the metaphorical notion that 'freedom is the song...

Is the Death Penalty Ethical: Examining Capital Punishment Morality

Introduction The implementation of the death penalty, or capital punishment, sparks a moral dilemma that has persisted through centuries. In a world where the preservation of human life is a foundational principle in most societies, the ethical implications of the state executing individuals as punishment...

Controversy and Consequences of Leslie Van Houten's Release from Prison

Leslie Van Houten was recently released from prison after serving over 50 years for her involvement in the notorious Manson Family murders in 1969. Van Houten was only 19 years old when she participated in the brutal stabbing deaths of Leno and Rosemary LaBianca in...

• Criminal Investigation

An In-Depth Analysis of the Supreme Court Web Designer Case

Exploring the Background of the Supreme Court Case Back in 2016, Lorie Smith, a visionary web designer hailing from Colorado, aspired to broaden her entrepreneurial horizons by delving into the realm of crafting wedding websites. Nevertheless, owing to her devout Christian convictions, Smith fervently opposed...

• Legal cases

Structure of Judicial System in Malaysia and Its Challenges

The Malaysian judiciary, like the judiciaries of other countries, has been thrust into the middle of a constitutional tempest. A judicial power or authority, as well as a court system, can be defined as the judiciary. In addition, the judiciary is an independent arm of...

• Judicial System

The Ketan Parekh Fraud and Supervisory Lapses: Case Study

The Ketan Parekh scam was the second most important scam that shook the Bombay Stock Exchange (BSE) after the Harshad Mehta scam. Ketan Parekh was himself a mentee of Harshad Mehta and had learned stock trading from the pied piper of Bombay Stock Exchange himself....

• Business Analysis

Daniela's Law Case Study: Employee or an Independent Contractor

The issue based on the facts is to determine whether Daniela whom has been working with Fragrant is considered to be an employee or an independent contractor. The illustration of whether she was treated as an employee or an independent contractor is raised through a...

Crime Scene Investigators and the Judiciary: Comparative Analysis

The criminal justice system is comprised of many institutions that work in turn when a crime has been committed. Crime scene investigators and the police can be categorised as pre-charge, the crown prosecution service can be categorised as both pre and post charge and the...

Legal Case Analysis: Safford Middle School District

The Assistant Principal of a Safford Middle School District school called 13-year-old Savana Redding from her classroom and walked her to his office. Savana was removed from her Math class due to what was considered by the Assistant Principal as disturbing information regarding Savana and...

Russia-Ukrainian War: the Conflict That Has Killed International Law

On 2022 February 24, the Russian leader Vladimir Putin decided to invade Ukraine and began to try and take the country by force. Putin had sent troops to the ex-Soviet nation across three fronts and launched missiles on many places around the capital, Kyiv, in...

• Contemporary History
• International Law

The Business of News: Media Ownership and Journalism

Media ownership plays a significant role in shaping the news and information that is presented to the public. In recent years, there has been a growing concern over the concentration of media ownership and its impact on journalism. This essay will explore the relationship between...

Indian Judiciary System: Public Law and Policies for Development

India is one of the richest country in culture, diversity, heritage, religion, language and known for great history, ruled under many kings and empires. Even it followed many rules and regulation under many emperors. As after India got independence the constitution work started with its...

• Constitution

Unveiling Medieval Justice: Courts, Punishments, and Evolution of the Law in Europe

I have been assigned the task of researching a topic from medieval Europe. The following paragraphs include law and court from the time 476 AD – 1492 (medieval) because in the class time we have had for history and I found the law and court...

• Medieval Europe

Gender Disparity in Judiciary and Its Impact on Domestic Violence

Access to justice is intrinsically linked to the guarantee of equality between individuals. Although equal access to justice is essential, it is often flouted to the detriment of certain groups of people - including women. Indeed, long standing entrenched gender stereotypes contribute to their differential...

• Domestic Violence
• Gender Inequality

Survey of Law Case: the Use of the Fourth Amendment in Public School

A teacher at a New Jersey high school witnessed the 14-year-old respondent and a friend, smoking cigarettes in the school bathroom—a violation of school policy. The teacher took the girls to the Principal’s office where they met with the Assistant Vice Principal. The respondent denied...

• Public School

Judiciary Diversity and Separation of Powers in the UK

“The law the legal profession and the courts are there to serve the whole population, not just a small section of it. They should be as reflective of that as it is possible to be” In this paper I will discuss the extent to which...

Prohibition of Smoking in Public Places and Work Areas

This argumentative essay on smoking in public places explores the topic of smoking bans and the role of public health monitoring in controlling this social problem. Public health monitoring is a regular collection of data on components of health aimed to inform the public of...

• Smoking Ban

The Issue of Social Justice in Terms of Racism at Schools

The term 'social justice' is often used in the context of issues related to race and racism. Social justice refers to the fair and equal distribution of resources, opportunities, and privileges in society, regardless of race or other factors. However, in many cases, systemic racism...

• Inequality in Education
• Social Justice

Revealing the Meaning of Equity, Social Justice and Human Rights

Social justice and equity are connected and installed within educational policies, legislations and explored in various articles and literature. It is impossible to address justice without including social equity. In similar way, it is not possible to talk about social equity without the mention of...

• Types of Human Rights

Uncovering Whether Should Smoking Be Illegal in the Modern Society

Many people say that smoking should not be illegal. Maybe for the reasons that it’s a personal freedom versus public health issue or since smoking is very addictive and people become dependent on it. But if what only comes out of smoking is pleasure, shouldn’t...

Reasons Why I Believe That Smoking Should Be Banned

Have you ever seen a cigarette? I'm pretty sure you have. Have you ever walked by someone and got a mouthful of smoke blew in your face? Probably. Have you ever considered starting to smoke? Well, hopefully not after reading. In this 'Smoking should be...

Race and Ethnicity's Impact on US Employment and Criminal Justice

Since the beginning of colonialism, raced based hindrances have soiled the satisfaction of the shared and common principles in society. While racial and ethnic prejudice has diminished over the past half-century, it is still prevalent in society today. In my opinion, racial and ethnic inequity...

• Race and Ethnicity

Abortion Law Around the World: A Comprehensive Overview

Introduction On 11 April 2019, the Korean Constitutional Court (“KCC”) reached a decision in which it states that the relevant clause of the Korean Criminal Act (“KCA”) setting out sanctions for abortion would constitute a violation of constitutional law (The Constitutional Court Decision 2017 HunBa...

Thomas Hobbes and His Proposed Laws of Nature in Criminal Law

Starting with the first law states that we should explore peace, and if we are unable to obtain that goal, then we should use the full force of war. The first law contributes to Law of Nature that is discovered through reason. Such a law...

• Thomas Hobbes

The Death Penalty Should Be Abolished: An Unfair Treatment of Convicts

Martin Luther King once said, “Returning violence for violence multiplies violence, adding deeper darkness to a night already devoid of stars,”(King and Harding, 2010). Essentially, his philosophy was that violence is not the answer and there can always be different methods to get around it....

Death Penalty Should Be Abolished: The Inhumane Practice

As it may seem, multiple deaths have occurred with the approval of the government. Where a person (the defendant) has ignored the law and committed a crime so barbarous that the only option left is to eliminate the person and decide what form of execution...

The Death Penalty Should Be Abolished or It Deters Crime

In the news, this month is the story of Charles Russell Rhines, who could become the first man in the history of the United States to petition the South Dakota state to use a lethal injection drug of his choice. Rhines filed a petition asking...

Death Penalty Should Be Abolished: Death in the Hands of a Human

The death penalty. The supreme punishment. The act of punishing injustice by the means of injustice. First introduced as capital punishment in the eighteenth century, but used since the beginning of time, it is safe to say the death penalty holds a key role in...

The Reason Why Should the Drinking Age Stay at 21: The Drinking Age Act

The question of who should make the policy (rather than what the policy is) has been a long political debate that I am sure will not be solved within this paper. I do argue though that states given the opportunity to experiment is beneficial for...

• Drinking Age in America

Why Should the Drinking Age Stay at 21: The Issue of Underage Drinking

The blinking red hand on the crosswalk appeared and she stopped just across the street from her high school. As she exhaled her breath made little white puffs in the cold, morning air. At the same intersection, a car was quickly approaching. The walk signal...

Death Penalty: Pros and Cons of Ethics Behind Capital Punishment

Is death penalty ethical? Death Penalty is ethical because it follows Hammurabi’s code which says An eye for an eye, and a tooth for a tooth. Death Penalty has been used for hundreds of years and over the years it has only got less extreme....

Death Penalty and Racial Prejudice: Pros and Cons of the Method

In 2019 alone, twenty two men have been brutally murdered in seven states in America (DPIC). For every person a special group had gathered to debated upon whether or not these men and women were worthy of a life or if they could be sacrificed...

Children Are Not Criminals: Lowering the Age of Responsibility

The Philippine government is proposing a new law regarding the lowering of age on criminal liability from fifteen years old to nine years old, however, children at the time of the commission of the offense shall be exempted from criminal liability because they are just...

• Age of Responsibility
• Juvenile Crime
• Juvenile Justice System

Article II of the Bill of Rights: Bearing Arms

In accordance with the article II of the Bill of Rights, “[the right of the people to keep and bear Arms, shall not be infringed”, which is believed as that every citizen of the US has a right to keep and carry weapons. However, the...

• Bill of Rights
• Civil Rights

The Significance of Communication in the Bill of Rights and Declaration of Sentiments

Communication is the imparting or interchange of thoughts, opinions, or information by speech, writing, or signs. Communication has played an important role in the development of America. The impact of written communication, such as books, newspapers, and flyers from the 1500s to the 1800s on...

• British Constitution

The Need for Reformation of the Current Law and the Bill of Rights

This essay will evaluate the proposals that the Conservative Government put forward in 2015. The proposals were about repealing the Human Rights Act 1998 (HRA) and giving a Supreme domestic court the power to make decisions on human right issues. This would be done by...

Freedom as a Human Right Established in the Bill of Rights

Freedom, liberty, and strong nationalism are only a few of the unique qualities that make up our diverse country. Each of the qualities listed have many parts behind them making them the foundation of this nation. Our America is unlike any other country, our founding...

• Concept of Freedom

The Reformation of the Age of Responsibility in England and Wales

In the 19th Century with the introduction of reformatories and industrial schools in England and Wales, there have been many transformations in order to deal with young people who offend. There has been continuous political turmoil and uncertainty over the most appropriate solution to best...

The Freedom Of Religion And Why Is The First Amendment Important

First Amendment “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of...

• First Amendment

The Reasons Why Is The Second Amendment Important

The right to bear arms was inserted into the constitution and has been something that has remained in place today. With all the violence and deaths by guns that has been occurring throughout the United States in the past decade, it has caused law makers...

Why Juveniles Should Not Be Tried As Adults

Furthermore, children that commit crimes are products of their environment in which they live. For example, when children constantly get sexually abused, it causes immense amounts of trauma and a false sense of love. Often a traumatic experience for all is an offense punishable by...

• Criminal Behavior

Drugs and Drug Policy In America: Relationship Between Drugs and Crime

The assortment of crimes that remain affiliated with drug use span from aggressive (such as homicide and aggravated assault) to greed (burglary, counterfeit, and deception) to distinct drug-law violations. Also, crimes such as bribery and corruption stay related to drug use as a result of...

Legalization of Marijuana: Economic and Medicinal Benefits

As a famous quote goes “Marijuana, the healing of the Nation” is not farfetched since there are several benefits of this peculiar herb. However, there are several controversies against this herb because it is believed to be an addictive drug and its use can be...

• Medical Marijuana

Pros and Cons of Legalizing Marijuana in Canada

With the legalization of marijuana, many thoughts have been heard as it is being used for medical purposes and is used to heal anxiety and autism however, it has some major health issues on the human body with some effects like memory loss and addictiveness....

Pros and Cons of Marijuana Legalization in Jamaica

After smoking marijuana for two weeks, a student at the University of Technology, Jamaica realized that it kept getting harder for him to maintain focus on one thing at a time. According to a doctor, this was a result of smoking marijuana as it may...

Why The Death Penalty Should Be Abolished

In 2018, twenty five American prisoners were sentenced to death. Is this morally wrong? Is this humane? Is this justice? These are only a few of the questions that may be posed when deliberating the death penalty. There are many shocking and unjustified arguments for...

• Human Rights
• Prison System

What Does Social Justice Mean To You

Justice can be said to be the ligament that binds together civilized beings and civilized nations. The word 'justice' can be heard on everybody's lips and can mean virtually everything. The majority of the people cry of 'Peace and Justice' that would fire and sword...

• Restorative Justice

Why Smoking Should Not Be Banned

Tobacco is one of the most lucrative industries in the world. This is because cigarettes contain chemical substances added to the tobacco in order for its users to become addicted. While many people believe tobacco alone differs from that which is included in cigarettes, tobacco...

Why Weed Should Be Legal

Marijuana could be an economical marvel and social marvel that should be praised rather than shunned by society. Police waste an unimaginable amount of money and time waging a futile war on such harmless and docile drugs that could be regulated to be safer than...

• Drugs Legalization

Why Should Weed Be Legal In the UK

Cannabis also known as Marijuana, Weed, Pot, Green, Dope and Grass is a drug which is widely used in the world and in some countries, it is legal for example Amsterdam but in others it is illegal for example the U.K. However, many people think...

Should Life Imprisonment Replace The Death Penalty

The American justice system is a complex and diverse part of American life. It has many sections and, some would say, many flaws. Nothing about this system is more controversial than capital punishment, more commonly known as the “death penalty”.The practice of executing criminals for...

Some Reflections On Civil Disobedience

In the summer of 2019, a restless mood spread among many Hong Kong residents along with the hot weather. Dissatisfied with the government's plan to introduce the Extradition Law Amendment Bill, many protesters took to the streets to protest the amendment. What no one expected,...

• Civil Disobedience

Is The Criminal Justice System Is Institutionaly Racist 

Dating back to the 1960s UK antagonizing immigrants, or even since the slave trade was abolished, institutional racism has been an existing, developing, and prevalent force within the criminal justice system. The MacPherson Inquiry (1999), which examined the original Metropolitan Police Service (MPS) investigation into...

Choice Between Civil Liberties And National Security In American History

The post-World War II and 9/11 eras were similar times in U.S. history where the United States government lived in fear. To protect national security from the communist regime, Congress passed an infamous piece of legislation in 1950, known as the McCarran Internal Security Act....

• American History
• Civil Liberties
• National Security

Mental Illness In The Criminal Justice System

The rising population of inmates with mental illness is steadily rising, 'Today, some 283,800 state and local inmates are identified as having a mental illness, representing 16% of the inmate populations”. The rising epidemic of prisoners with a mental illnesses is beginning to complicate many...

• Mental Illness

"A Tale Of Two Cities": Movie Analysis

“A Tale Of Two Cities” is a movie based on historical events that have taken place. The best way to describe this film is by saying “It was the best of times, it was the worst of times”. The movie we watched is considered to...

• A Tale of Two Cities

Moral Foundation for Liberal Egalitarian Politics

Left-libertarianism is a promising englobement of the values that define liberal egalitarian politics. In this essay I will argue that left-libertarianism does in fact provide a compelling moral foundation for liberal egalitarian politics. Furthermore, throughout the essay I will bring in discussion certain elements that...

Constitutional Conventions and Political Non-legal Rules in UK

This essay will discuss constitutional conventions and their enforceability in the UK, as well as this whether accountability for the breaches is sufficient. The essay will be sectioned into separate segments. In the UK it is normal that constitutional conventions are followed, similarly to laws....

• Militarization of Police

Moral Aspects of Insanity Defense in Lawers Work

Imagine that you are a lawyer and your client tells you that they are being formally charged for murder, but truly were unaware that it occurred due to in happening while they were asleep (sleepwalking). As a lawyer, you are paid to provide the best...

• Insanity Defense

Revolutionization of Criminal Procedure in U.S. Supreme Court Under Earl Warren

Who sits at the nerve center of society makes all the difference and A great man is the one who represents a great ganglion in the nerves of that society, or, to vary the figure, a strategic point in the campaign of history and part...

• Criminal Procedure

Beliefs and Thoughts Over the Death Penalty

There are a lot of mixed opinions surrounding the idea of the death penalty. In the 1990’s, nearly 80% of the public approved Capital Punishment, while about 5% of were undecided and the other 15% opposed it. Is it fair to those who have done...

The Concept of Contract Law and Social Occasions

The idea of the law of Contracts is that, in any understandings made by the gatherings, unexpected events may happen which makes a deterrent to achieving the explanation behind the understanding made by the social occasions. An inescapable condition in the law of agreements is...

• Contract Law
• Social Contract

Capital Punishment as an Effective Way to Prevent Crime

In the United States, as in almost every other country, there is a punishment or consequence to every crime. Capital punishment is the legally authorized killing of someone as punishment for a specific crime. In other words, capital punishment, also known as the death penalty,...

A Provision for Clemency of Capital Punishment in India

Crime is as old as human civilization. Since time immemorial crime has been with us in different degrees. Every society has a pattern of suitable conduct and some human beings in every society fallen outside this configuration. It is the reality which we can accept...

Virtue Ethics Frameworks as Drivers of Teacher’s Systems Advocacy

In early education children's interests are not at the forefront of the ecce policy; instead, policy is aligned to providing 'childcare” to encourage economic growth and the expandsiion of the workforce and this leads to increasing national productivity. Moving on now to consider the ethical...

The Development of English Contract Law

The development of English Contract Law was massively impacted by Athenian and Roman Law which is by the Twelve Tables in 450 BC. Roman law of contracts where is found in Byzantine emperor Jusatinian’s law where it is called Corpus. Juris Civil (“Body of Civil...

The Power of Revenge, a Virtuous, Ethical and Principled Man I

Sanctimonious hypocrisy, causing one to commit an even greater wrong than the one they seek vengeance for, consumes them with the desire for revenge. Caused by the desire to seek vengeance and punish someone who has caused internal or external pain to one or someone...

• Ethical Dilemma

Advocacy and Inquiry Model as A Communication Tool

Advocacy and inquiry model is a tool of communication which includes different skills; “listen to understand, suspend judgment, respect all and speak your voice.” It facilitates the conversation and task to move forward. Advocacy means to be a voice of someone which helps to provide...

• Communication
• Conversation

Form of Abuse, Bully or Revenge or Domestic Violence

The essence of the word “pornography” is obtained from the Greek language, i.e. “Porne and graphos”. The word “porne” comes from the meanings, a captive who is a female or a harlot or a prostitute. While the word “graphos” is “writing with regard to” or...

Racism In Law: Plessy Vs Ferguson

Introduction: Racism in the United States has plagued our nation since its creation and has plagued the legal world since its establishment. Despite the modern world, the US judicial system is still lacking when in the case of people of color. What does it mean...

• Plessy Vs Ferguson
• Racial Segregation
• White Privilege

Plessy V. Ferguson: Justification Of The Case

Justice is defined as the branch of human logic in charge of solving any of the dilemmas present in mankind’s social life, ranging from mere disputes to life-threatening eruptions of pure violence. On the other hand, this controversial topic of the judicial system’s fails or...

Plessy Vs. Ferguson And Other Cases That Violated Human Rights

There are monumental times in US history that have shaped our future. A future where we are looked at as equal and in more ways than one. Life has not been parallel for all Americans. Amendment XIV Section 1 “All persons born or naturalized in...

The Cruciality Of Compromise And How It Guards Against Tyranny

In the essay titled “Rescuing Compromise” by journalist Johnathon Rauch, he analyzes the political system today and the one that was created by the founding fathers not-so-long-ago. More specifically, Rauch delves into the Constitution and the idea of compromise. He claims that the Constitution was...

Experience In Court: Court Observation Report

This court observation report constitutes an area that exists within the judicial systems of states especially crucial to its citizens. That is to say, a court is where an individual goes if they violate the law. More specifically, it is an entity formed by the...

• Observation

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1. Surveillance in George Orwell’s “1984”: The Perils of Totalitarian Control

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How to Effectively Answer Law Essay Questions

I remember my first semester 100 level exams. I was just fresh from secondary school/JAMBITE, but I thought law exams were the same with secondary school exams. Heck, I didn’t even know that law exams were only theory questions. I was expecting to meet some objective questions, until I saw my exam questions.

Well, during the exams, I wrote what I could, and was confident my results would be awesome. After all, I had read for the exams well enough, and I used to think I was kind of intelligent.

I was in for a rude shock.

While I was in 100 level at the University of Ilorin, they still pasted everyone’s results on the notice board. So, when I heard the first result was out, I and a lot of my “fresher” colleagues went to check our results. I was expecting an A, or worse, a B.

I located my matric number on the pasted list and checked my first result. I had a C.

I was surprised, but I felt it was my first result, the others would be better.

The other results started trickling in. With each result pasted on the notice board, I realised I wasn’t so special after all. I had a series of C’s. For my 100 level first  semester results, out a total of 10 courses, I had just one A, two B’s and the rest were C’s.

I was dejected, along with most other “freshers” that received this glorious welcome to Faculty of Law, University of Ilorin.

Instead of blaming the poor results on the indiscretions of my lecturers, I knew something had to be wrong with what I wrote. So, I asked for help. I asked a scholar(the best student in a level) in 400 level at the time, Adekunle Charles , to show me how to answer law questions. He showed me the way, and I can tell you that my results improved dramatically.

So, I am going to teach you exactly what he taught me, how to answer law exam questions. I will be focusing on law essay questions in this post.

What are Law Essay Questions?

There are two major types of law questions, essay questions and problem questions. Law essay questions require you to write an essay. Unlike problem questions that require you to advise parties in a scenario.

We have all been answering a level of essay questions right from secondary school, so it shouldn’t be new to you.

The following is an example of a law essay question:

There have been a lot of arguments for and against the principle established in the popular case of Adams vs Lindsell . Expatiate, through the cases.

To answer law essay questions properly, it must follow four rules. It must have The Introduction, The definitions, the body, and the conclusion.

Answering Law Essay Questions Rule 1: The Introduction

The introduction to your law essay question is the part where you let the lecturer know what the answer is all about.

In this part of the question, you shouldn’t directly go into answering the question. Instead, you are allowed to beat about the bush a little bit. Start with a general statement and then become more specific. At the end of the introduction, you should talk about the law essay question you intend to answer.

As an illustration, this is how the introduction to the sample law essay question above should look like:

The importance of feedback in the formation of a contract cannot be over-emphasized. It is trite that every contract needs to have an offer and acceptance, and there is the need to communicate the offer and acceptance between the parties. In a lot of instances, this isn’t really a problem since the offer and acceptance is done in real-time (face to face). However, there are instances where it isn’t in real time, like when the communication is done by post. In this type of situation, due to the process of posting a letter or parcel, the communication between the parties can experience some delays. This has posed some problems, like “when is an acceptance valid?” Upon posting, or upon reception? One principle that has been developed by the courts to solve this problem is the rule in Adams vs Lindsell . This work is going to analyse this rule and talk about the criticisms levelled against it, with special attention being paid to case law.

Answering Law Essay Questions Rule 2: The Definition

This is the part of the question where you give a definition to the major terms/keywords in the question. It is not necessary that it has to be a “term” per se. For instance, in the sample question I gave above, the major term is Adams vs Lindsell .

So, what you should do at this stage is to define the rule in Adams vs Lindsell . Since this is a case, you should talk about the facts of the case.

Your answer can go something like this:

The rule in Adams vs Lindsell is generally referred to as acceptance by post. The rule in  this case was propounded by Lord Ellensborough in 1818. In this case, the defendant offered to sell some wool to the plaintiff. The defendant sent their offer by post. Due to an error in the posting, the letter got to the plaintiff on the evening of September 5. The plaintiff posted an acceptance the next day. If the letter was posted correctly, the defendant ought to have gotten the reply by September 7. So, when the defendant didn’t get a reply on September 7, he sold the wool to a third party on September 8. The plaintiff’s acceptance finally got to the defendant on September 9. Since the defendant had already sold the wool to a third party, the plaintiff sued for breach of contract. The major contention was when the acceptance would be valid. On the plaintiff posting it, or on the defendant receiving it. The court held in favor of the plaintiff that when it comes to contracts conducted by post, acceptance comes to fruition at the time of posting, not at the time of receiving.

Answering Law Essay Questions Rule 3: The Body

This is the major part of the answer to the law essay question. It is in this part of the answer that you demonstrate  your understanding of the question and knowledge of the subject matter. In a lot of instances, what differentiates an A student from a C student is the fact that an A student cited more authorities in this section of the answer.

Using the sample question above, this part of the answer to the law essay question will look something like this:

Since the inception of this rule, there have been numerous arguments for and against it by jurists, scholars, and judges alike. In the case itself, the court, in justifying its decision stated that if acceptance wasn’t complete on posting, then there is the need for the offeree to require the offeror to inform him that he had received his acceptance, and so it  goes on  ad infinitum . Scholars like Professor Sagay have disputed this justification of the rule in Adams vs Lindsell . According to him, the process doesn’t have to go on  ad infinitum.  The offeree can assume that a contract has come into fruition when the offeror receives the letter, the same way the the offeror has to assume that there is a binding contract when, and if, the offeree posts a letter of acceptance. In the subsequent case of  Household Fire Insurance Co vs Grant ,  the court gave some other concrete reasons for the adoption of the rule in  Adams vs Lindsell .  The facts of this case are as follows. The defendant applied for shares in the plaintiff company, and the plaintiff company assented by posting a letter. However, the letter didn’t get to the defendant, and as such, he didn’t know that the company accepted his offer. When the company got into liquidation, he was called upon to pay up his share. He resisted this, and thus the case was brought before the court. The court, in applying the rule in  Adams vs Lindsell ,  held  that he was liable to pay up his own shares, since a binding contract came into existence the moment the company posted its acceptance, regardless of the whether or not he received the letter. In justifying the acceptance by post rule, the court gave the following reasons: The post office is an agent of both parties. So, technically, a letter given to the post office is deemed communicated to  the offeror. By posting the letter of acceptance, there is already a valid and binding contract. There is no need for any other act to bring the contract to fruition. The offeree has merely assented to the offeror’s proposals. The offeror is free to make it a term of the contract that there  is no valid acceptance until he receives it. Any alternative rule would lead to fraud and delay in commercial transactions because the offeree would have to wait for confirmation from the offeror that he has received his acceptance. The rule is the most convenient compared to all other alternatives. However, the court’s decision was not unanimous. There was a dissenting judgement by Bramwell, L.J. He contended that if the basis of the rule was that it would cause hardship on the offeree, who might have already made arrangements based on the acceptance of  the contract, there is also hardship on the part of the offeror who might act on the belief that his offer was not accepted. This is even more relevant where the offeror didn’t receive the acceptance like in the present case. All this goes to show that the rule in  Adams vs Lindsell   isn’t one that enjoys unanimous consensus in the legal community. Recent decisions by courts in the United States suggest a shift away from this rule of acceptance by post. In the case of  Rhode Island Tool Co vs US F. Supp. 417 (1955) ,  the plaintiff’s made an offer to sell some bolts to the defendant. The defendant accepted by post, but the plaintiff discovered that they had quoted a very low price. To remedy this, they sent a telegram to the defendant revoking the offer. The telegram got to the defendant before the posted acceptance got to the plaintiff. The court held that the offer was validly revoked since the telegram got to the offeree before the plaintiff received the letter of acceptance. A similar thing happened in the case of  Dick vs US F. Supp 326 (1949) .  The facts of this case are quite similar to the facts in the above case. In this case, the offeree was the plaintiff and after accepting the offer by post, sent a telegram withdrawing it. The telegram got to the defendant before the letter of acceptance, and the court held that it was a valid revocation.

Answer Law Essay Questions Rule 4: The Conclusion

The conclusion to the law essay question is the final part of essay (just like the name suggests). There are two major ways you can conclude the essay: either by summarizing what you have written, or by giving a recommendation/comment.

To be on the safe side, you should just conclude by summarizing what  you have written. You should also make it clear that  you are concluding by including the phrase “In conclusion” at the beginning of the conclusion.

So, this is how the conclusion to the sample question would look like:

In conclusion, this work has highlighted the evolution of the rule in  Adam vs Lindsell  with special attention given to case law. This work highlighted the establishment of the rule, the justifications given by the court for this rule, and the criticisms against this rule. It finally showed a departure from this rule in other jurisdictions like the USA, due to the impact of new technology on commercial transactions.

Here’s the full answer to the essay question

So, this is how you should answer a law essay question. If you want to get a full picture of what the answer to the essay question looks like, here you go:

The importance of feedback in the formation of a contract cannot be over-emphasized. It is trite that every contract needs to have an offer and acceptance, and there is the need to communicate the offer and acceptance between the parties. In a lot of instances, this isn’t really a problem since the offer and acceptance is done in real-time (face to face). However, there are instances where it isn’t in real time, like when the communication is done by post. In this type of situation, due to the process of posting a letter or parcel, the communication between the parties can experience some delays. This has posed some problems, like “when is an acceptance valid?” Upon posting, or upon reception? One principle that has been developed by the courts to solve this problem is the rule in Adams vs Lindsell . This work is going to analyse this rule and talk about the criticisms levelled against it, with special attention being paid to case law. The rule in Adams vs Lindsell is generally referred to as acceptance by post. The rule in  this case was propounded by Lord Ellensborough in 1818. In this case, the defendant offered to sell some wool to the plaintiff. The defendant sent their offer by post. Due to an error in the posting, the letter got to the plaintiff on the evening of September 5. The plaintiff posted an acceptance the next day. If the letter was posted correctly, the defendant ought to have gotten the reply by September 7. So, when the defendant didn’t get a reply on September 7, he sold the wool to a third party on September 8. The plaintiff’s acceptance finally got to the defendant on September 9. Since the defendant had already sold the wool to a third party, the plaintiff sued for breach of contract. The major contention was when the acceptance would be valid. On the plaintiff posting it, or on the defendant receiving it. The court held in favor of the plaintiff that when it comes to contracts conducted by post, acceptance comes to fruition at the time of posting, not at  the time of receiving. Since the inception of this rule, there have been numerous arguments for and against it by jurists, scholars, and judges alike. In the case itself, the court, in justifying its decision stated that if acceptance wasn’t complete on posting, then there is the need for the offeree to require the offeror to inform him that he had received his acceptance, and so it  goes on  ad infinitum . Scholars like Professor Sagay have disputed this justification of the rule in Adams vs Lindsell. According to him, the process doesn’t have to go on  ad infinitum.  The offeree can assume that a contract has come into fruition when the offeror receives the letter, the same way the the offeror has to assume that there is a binding contract when, and if, the offeree posts a letter of acceptance. In the subsequent case of  Household Fire Insurance Co vs Grant,  the court gave some other concrete reasons for the adoption of the rule in  Adams vs Lindsell.  The facts of this case are as follows. The defendant applied for shares in the plaintiff company, and the plaintiff company assented by posting a letter. However, the letter didn’t get to the defendant, and as such, he didn’t know that the company accepted his offer. When the company got into liquidation, he was called upon to pay up his share. He resisted this, and thus the case was brought before the court. The court, in applying the rule in  Adams vs Lindsell,  held  that he was liable to pay up his own shares, since a binding contract came into existence the moment the company posted its acceptance, regardless of the whether or not he received the letter. In justifying the acceptance by post rule, the court gave the following reasons: The post office is an agent of both parties. So, technically, a letter given to the post office is deemed communicated to  the offeror. By posting the letter of acceptance, there is already a valid and binding contract. There is no need for any other act to bring the contract to fruition. The offeree has merely assented to the offeror’s proposals. The offeror is free to make it a term of the contract that there  is no valid acceptance until he receives it. Any alternative rule would lead to fraud and delay in commercial transactions because the offeree would have to wait for confirmation from the offeror that he has received his acceptance. The rule is the most convenient compared to all other alternatives. However, the court’s decision was not unanimous. There was a dissenting judgement by Bramwell, L.J. He contended that if the basis of the rule was that it would cause hardship on the offeror who might have already made arrangements based on the acceptance of  the contract, there is also hardship on the part of the offeror who might believe that his offer was not accepted. This is even more relevant where the offeror didn’t receive the acceptance like in the present case. All this goes to show that the rule in  Adams vs Lindsell  isn’t one that enjoys unanimous consensus in the legal community. Recent decisions by courts in the United States suggest a shift away from this rule of acceptance by post. In the case of  Rhode Island Tool Co vs US F. Supp. 417 (1955),  the plaintiff’s made an offer to sell some bolts to the defendant. The defendant accepted by post, but the plaintiff discovered that they had quoted a very low price. To remedy this, they sent a telegram to the defendant revoking the offer. The telegram got to the defendant before the posted acceptance got to the plaintiff. A similar thing happened in the case of  Dick vs US F. Supp 326 (1949).  The facts of this case are quite similar to the facts in the above case. In this case, the offeree was the plaintiff and after accepting the offer by post, sent a telegram withdrawing it. The telegram got to the defendant before the letter of acceptance, and the court held that it was a valid revocation. In conclusion, this work has highlighted the evolution of the rule in  Adam vs Lindsell  with special attention given to case law. This work highlighted the establishment of the rule, the justifications given by the court for this rule, and the criticisms against this rule. It finally showed a departure from this rule in other jurisdictions like the USA, due to the impact of new technology on commercial transactions.

So, here you have it, a guide to answering law essay questions. If you follow these guidelines, you should see an improvement in your grades. If you have any questions related to this, feel free to drop a comment.

P.S: If you are interested in an online course that makes it easy for you to get A’s in your law exams, you can check it out here:  Get Access to Ace LL.B Exams

77 thoughts on “ How to Effectively Answer Law Essay Questions ”

Nice one bro. But between cramming the materials given by lecturers or understanding the material which one might likely improved one’s chance of getting good grade in essay questions from your own experience.

In law exams, there are some things you have to cram. Things like the cases and statutes. For the explanatory part of the note, it’s best you understand it.

its so excited for me to find this most simple blog for law student as a guide, tnx so much, may the sky be your limit

Where can I find the statutes and cases book? I’m a political student

Thank you. This really helped Can you post the one of problem questions

Thank you so much for taking out time to be a silver linen in the dark clouds of a law student who now, understands better how to answer law questions. The time you took to practically explain this using the Adam V Lindsell case is not a waste. I duff my hat sir.

This is really useful and m gonna attempt this semester’s exams in this way. Thanks sir.

TThank you.Please I need tips on problem question.

I’m currently working on a blog post that covers that

Thank you.I will be glad if that is done in no time.

Wow!!! This is beautiful. Please what about problem question? My exam’s two weeks from today

I’m currently working on a blog post on how to deal with that. It should be out before your exams.

Where can i find it?

Here: https://djetlawyer.com/irac-how-to-answer-law-problem-questions/

wow! this is wonderful and great. this sample has taught me a better way of answering law essay question seriously. bro you are good honestly.

Thanks. It’s cool that I’ve been able to help.

Thank you very much sir. I have understood the format now. But however, if a topic that doesn’t have cases. Is it wise or necessary to find cases to relate to such topics. For instance, Legal reasoning in judicial process.

There are always cases for all topics. You just need to know where to find them. Besides, no case is specifically designated for a subject, you can use any case, as long as it is relevant.

Thanks bro, my inquisitiveness to studying law brought me to your site. Pls how do I make my dream come true. This is my nineteen years of secondary education. I have NCE N B. ed in pols n edu. Mgmt.

Eeeermmm… Have you applied to any university offering law?

Thank you so much. This has helped me greatly

You’re very welcome

Thanks bro, looking forward to that post on problem question. This is appreciated.

im inspired, this is really excellent, though it looks like a lot of work and memorization, but it was really helpful. Thanks

Thank you so much for this great Tips. have been reading it over and over again.

You’re very welcome. I’m glad to have been of help.

This is really helpful. Thanks and job well done.

Thanks a lot Mr Olamide More strength to your elbow

I am becoming more addicted to your blog, ‘barrister’ Olamide ? . Do not stop at anytime. Let’s keep flying

Thanks a lot bro.

Hello Olamide. Thank you for this comment but i really need your help for something person as regards to law. How can i reach you pls? Thanks

Send me an email.

Am very greatful for the advice you have given it’s really great. A concern: is it always a must to cite case laws when answering law questions? And what happens when you only remember facts oof the case and you don’t rremember the parties?

Cases and statutes are what separates the work of a law student from that of a sociologist or political scientists. It is quite essential that you try to cite case(s) or statutes when writing a legal piece, as they give it more authority.

It would be ideal if you remember all. But if you can’t you can just write “in a decided case”. This might not give you full marks, but you’ll still get something.

Thank you very much for the advice am really greatful

I am a law student in Ghana KNUST. It is great work you’re doing. Though most of your posts are Nigerian Law, the ones that are general is helpful to me. Thank you.

You’re welcome. I’m glad to have been of help.

A big thank you Barr Olamide this article was really helpful a lot of Law student doesn’t know how to answer law essay question but by the grace of God we will try as much as possible to adhere your tips…my regards

please, what website can I get access to full law cases from.

You can check lawpavilionplus.com. However, you have to pay.

Thanks What of problem question

Check this out https://djetlawyer.com/irac-how-to-answer-law-problem-questions/

Thanks for the advice But what if u are not so good in beating around the bush to make your answer look more interesting I usually just go straight to the point cause of time factor and I really can’t even do it.

The “beating about the bush” part is the introduction part of the answer. It should just be like one paragraph.

Thanks What of how to answer problem question

I have called so many to help me in answering both Essay wand problem questions in law but I think this most helpful. I need other hint on answering problem questions in law, I mean in addition with the one you’ve already provided. Thank you .

do you have to identify each section by the heading; For example 1. Introduction 2. Definition 3.Body 4.Conclusion in order to delineate these sections for the attention of the marker.

No, you don’t need to identify that. IDBC is just a framework you should have at the back of your mind when writing exams.

Please can you make a write up to writing a very good memorial for should I say guidlines to writing a very strong legal arguements. In relation to moot and mock. Thank you

Thanks for the feedback. I’ll consider it.

Am really impressed at you strive towards making a soft landing for prospective and present law student generally. In some instances,what if the question is not possessing this semblance for example “Discuss the duty of a counsel to the court” In the abovementioned question what will be the definition part?

And also if am asked to answer a short question like “the relationship between law and morality” do I still need the IDBC format?

Lastly,Is this format of answering questions only applicable in legal methods or it can serve all law essay questions?

I will be glad if you can answer me respectively…?

Thanks so much I’ve learnt a great deal, please can you post that of problem question? God bless you.

Good evening, Please I want you to out me through a law assignment (Principles of equity). The question is: ” Critically examine the contribution of equity to jurisprudence”

Thank you very much sir i have really learnt so much from your work today and i believe that before the end of this semester my grades will improve and also my knowledge and understanding on how to answer problem questions and law essay questions will improve. God bless you sir.

Please can I get your username on social media platforms…I would love to know you…you dont know how much this write up just helped me

I’m glad to have helped. I’m not so active on Social Media though. However, you can connect with me on linkedin here https://www.linkedin.com/in/olyray/ and twitter here https://twitter.com/olanrewajuolam6 . ALso, check my author bio for other social media platforms.

Okay..please can I get some materials on human rights..precisely regional protection of human rights…I can’t seem to permutate it to my satisfaction

I don’t think I currently have materials on that.

Pls can I get past questions for introduction to legal method and introduction to Islamic law

I don’t really have that at the moment.

zainab you are here…… wawu i never believed til now

Mr.Can you please help me with this: A was driving along Lagos Ibadan expressway on the 24th July, 2020 and he got to Interchange at about 5am, he then saw a BMW 2015 model under the bridge with a tag ‘for sale’. He called the no on the tag and bought the car at the rate of #500,000.00. two days after, as he was driving the vehicle on Lagos Island, he was stopped by the Police and was arrested for a stolen vehicle. He later located the seller who was also arrested by the police, he was released on bail and the vehicle was recovered from Mr A being a stolen vehicle. Mr. Intend to sue the seller for the refund of his money or to sue the police that he bought the goods in accordance with Sales of Goods Act. 1. Please advise Mr. A 2. Will your advise be different if Mr. A had bought the car at Ladipo Car Market?

Interesting and helpful will be waiting on problem question too.

Hello. Problem questions are treated here:

https://djetlawyer.com/irac-how-to-answer-law-problem-questions/

Thank you very much sir. It’s a blessings to cross paths with you going through this work. Question. Is it possible to just cite the case without giving facts of that case? For instance as was decided in Shaw v DPP 1962 AC 220 and then you continue with your analysis?

Yes. You can.

Good morning. I’m very new here. This was really helpful, thank you so much for these tips.

I however struggle with problem questions majorly. I would like to know if you have a post on how to answer problem questions??

Wow thank you so much sir. I have really been struggling with answering law essay questions This has enlightened me. I really hope I apply it well

Good morning. I’m very new here. This was really helpful, thank you so much for these tips.

Thank you very much sir . I have finally gotten a well explained answer on how to answer law questions I’m greatful 🙏

Seeing this, I feel like I was not a law student all this while.🥲 Like I’m just being introduced to the course.

Anyway, this is a great help. Thanks man👍

This is a very insightful post, thanks 😊

Is it necessary to put authorities when giving the theories of law?

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Public Law for Everyone

by 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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• Build a search strategy
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• Assignment Scheduler

Throughout your law studies , you will need to complete a variety of different assignments. See below to explore four different forms of assignments ​​​​​​.

• What goes into a case note?
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A case note is a summary or a summary and critical analysis of a case.

 A case note will usually include:

• Citations details-   include the full citation details. 
• Procedural history-   write about how the matter came to court if there is a history, e.g. is the case on appeal?
• Facts-   Explain the main points of the dispute or the reason the parties are in court. What orders or decision as they asking the court to make?
• Legal Issues-  Explain what the legal issues are and how they apply to the facts. 
• Decision summary-  What did the court decide and why? What was the ratio (the rule of law on which the decision is based) and was there any obiter (the Judge's opinion that isn't essential to the decision).  Also include and dissenting Judges where applicable. 
• Critical Analysis-  Some case   notes will also require you to critically analysis the case, this will involve looking at the case in the wider body of law and discuss the merit or importance of the points of law raised in the case.   

You usually have a strict word count for your case note, because of this limit the detail that you have for the background information and focus on the analysis.  

Tip:  Always read through your assignment instructions for specific information that will apply to your assessment task.  

Read advice from other law students on how to survive law school. These links come from the  Survive Law Blog .

• How to Write a Case Note
• Case note assignments This online tutorial from Monash University will take you step by step through writing a case note.
• Case Note: Betting Across Boarders This case note examines the recent High Court decision of Betfair Pty Limited v Western Australia.
• Case Note: Australian Securities and Investment Commission v MacDonald Australian Securities and Investments Commission v Macdonald [No 11] required the New South Wales Supreme Court to determine whether company directors and officers of James Hardie Industries Ltd had breached their duties.
• Case Note: Giller v Procopets This casenote deals with the claims concerning the videoing of the sexual encounters between the parties and the exhibition and/or distribution of the video to third parties.
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• AGLC Template You can use this template to help you with formatting.

This resource uses a visual approach to take students through the process of essay writing for University. Although not law specific this resource will demonstrate formulating, refining and expressing academic essay writing:

One of the best ways to develop your writing skills is to read. Reading will expose you to different styles of writing and through reading you will form your own style. Think about the reports and cases that you read that frustrated you in finding out what the main ratio was. Compare that to this recent well written coroners report: 

• Inquest into the deaths of William George Scott [2015 ] NTMC 022 & Lanh Van Tran [2015] NTMC 023

Read advice from other law students on how to survive law school. These links come from the  Survive Law Blog :

• Five Tips for Writing Awesome Assignments
• Tips from your Tutor: How to Write the Perfect Law Essay Introduction
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This is a list of CDU student papers that were submitted for the Honours Research Papers. These are excellent examples of legal writing. 

• Double Jeopardy Reform: Political Expediency of Much Needed Change?
• The Euthanasia Fallacy: Why it is time to regulate in Australia
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• Tips from your Tutor: 10 Ways to Improve your Problem Solving Assignment
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Exams come in different formats, they can be:

• Invigilated open book exam
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• Take home exam

Read advice from other law students on how to survive law school. These links come from the  Survive Law Blog : 

• Advice from your Tutor: Law Exam Preparation and Technique
• Exam Countdown: Making the most of the Last 24 Hours
• How to Make an Exam Answer Template
• How to Make a Study Timetable for Exams
• How to Study for a Closed Book Exam

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