LAWS11060 Criminal Law
Developing Legal Skills
Preparing and Writing Legal Argument
The following is a two part guide for students to assist with the preparation of law assessment and for writing legal argument. For example, studying/ revising the course and writing your answer for the final take home paper.
Part One- Preparation for legal assessment requires the following:
Step One:
Criminal Law Offences
Identify the areas of criminal law we have studied and identify the criminal law offences that can arise in that area. For example, we studied Homicide. Offences in the area of homicide include murder and manslaughter.
Step Two:
Legislation
Identify the legislation relevant to the offences, know the elements of the legislation (ask- what needs to be established to prove beyond a reasonable doubt?).
Step Three:
Case Law and Quoting Judgement
Identify and read case law which has applied the legislation. If you are familiar with case law regarding an area of law you are better prepared to identify the legal issue from a problem scenario.
From the judgement identify specific paragraphs which you can quote to support your legal argument and conclusion.
Step Four:
Consolidate Notes
Reduce your study notes into a summarised version. Use headings to assist in the flow of your notes. Avoid long paragraphs or sentences. State in your notes where you can find more information- for example a certain page of the text book.
The purpose is to avoid too much information. When you are undertaking a take home paper or sitting an invigilated exam the time you have to identify the legal issue in the question, identify and discuss the legislation, identify and discuss case law, and link the legislation and case law to the facts by developing a legal argument is limited. Therefore, you need to know key information and where to locate additional information if it is required.
Part Two -Legal writing in a law assessment requires the following:
Step One:
Identify the key facts
This is a brief chronology of the facts. Can be as short as a sentence or several dot points.
Step Two:
Ascertain the legal issue/ the criminal law offence
Read the question. Ask, what is the legal issue? What criminal offence has the defendant committed?
This will help you, to know where in your notes, text book, legislation you need to refer.
For example, if you identify the facts relate to homicide- you now know you need to look at the notes, text book chapter and legislation relating to murder and manslaughter.
Step Three:
Identify the law
Identify the legislation (name of the act and section) and case law which has applied the legal issue.
Step Four:
Application of the law
Apply the legislation, the elements of the offence, and the case law to the key facts you have identified.
When applying the law you are developing your legal argument, you are arguing a conclusion, with reference to the law to support your legal argument.
Ask yourself, if I were in court prosecuting or defending this case, what I need to argue. Or if I were the Judge hearing this case what do I need to know to be persuaded to reach a conclusion.
Keep your legal argument short. Be concise. The better advocate is one who is direct in their legal argument with supporting legislation and case law.
Step Five:
Conclusion
In reality the conclusion and the application of the law are linked.
In most assessment due to time constraints this is combined. Further, in legal practice due to a busy court listing the application and conclusion are often combined.
However, a conclusion can be 1 sentence or 1 paragraph which summarises the key legal argument to leave the reader with an answer.
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