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How to Write a First-Class Law Essay

Studying law at university entails lots of essay writing. This article takes you through the key steps to writing a top law essay.

Writing a law essay can be a challenging task. As a law student, you’ll be expected to analyse complex legal issues and apply legal principles to real-world scenarios. At the same time, you’ll need to be able to communicate your ideas clearly and persuasively. In this article, we’ll cover some top tips to guide you through the process of planning, researching, structuring and writing a first-class law essay with confidence. 

1. Start In Advance

Give yourself plenty of time to plan, research and write your law essay. Always aim to start your law essay as soon as you have the question. Leaving it until the last minute does not only create unnecessary stress, but it also leaves you insufficient time to write, reference and perfect your work.

2. Understand The Question

Do not begin until you fully comprehend the question. Take the time to read the question carefully and make sure that you understand what it’s asking you to do. Highlight key terms and annotate the question with definitions of key concepts and any questions that you have have. Think about how the question links back to what you’ve learned during your lectures or through your readings.

3. Conduct Thorough Research

Conducting thorough research around your topic is one of the most fundamental parts of the essay writing process. You should aim to use a range of relevant sources, such as cases, academic articles, books and any other legal materials. Ensure that the information you collect is taken from relevant, reliable and up to date sources. Use primary over secondary material as much as possible.

Avoid using outdated laws and obscure blog posts as sources of information. Always aim to choose authoritative sources from experts within the field, such as academics, politicians, lawyers and judges. Using high-quality and authoritative sources and demonstrating profound and critical insight into your topic are what will earn you top marks.

4. Write A Detailed Plan

Once you’ve done your research, it’s time to plan your essay. When writing your plan, you’ll need to create an outline that clearly identifies the main points that you wish to make throughout your article. Try to write down what you wish to achieve in each paragraph, what concepts you want to discuss and arguments you want to make.

Your outline should be organised in a clear, coherent and logical manner to ensure that the person grading your essay can follow your line of thought and arguments easily.  You may also wish to include headings and subheadings to structure your essay effectively This makes it easier when it comes to writing the essay as starting without a plan can get messy. The essay must answer the question and nothing but the question so ensure all of your points relate to it.

Start Writing Like A Lawyer

Read our legal writing tips now

5. Write A Compelling Introduction

A great introduction should, firstly, outline the research topic.  The introduction is one of the most crucial parts of the law essay as it sets the tone for the rest of the paper. It should capture the readers attention and provide the background context on the topic. Most importantly, it should state the thesis of your essay.

When writing your introduction, avoid simply repeating the given question. Secondly, create a road map for the reader, letting them know how the essay will approach the question. Your introduction must be concise. The main body of the essay is where you will go into detail.

6. Include A Strong Thesis Statement

Your thesis should clearly set out the argument you are going to be making throughout your essay and should normally go in the introduction. Your thesis should adopt a clear stance rather than being overly general or wishy-washy. To obtain the best grades, you’ll need to show a unique perspective based upon a critical analysis of the topic rather than adopting the most obvious point of view.

Once you’ve conducted your research and had a chance to reflect on your topic, ask yourself whether you can prove your argument within the given word count or whether you would need to adopt a more modest position for your paper. Always have a clear idea of what your thesis statement is before you begin writing the content of your essay. 

7. Present the Counter-argument

To demonstrate your deeper understanding of the topic, it’s important to show your ability to consider the counter-arguments and address them in a careful and reasoned manner. When presenting your counterarguments, aim to depict them in the best possible light, aiming to be fair and reasonable before moving on to your rebuttal. To ensure that your essay is convincing, you will need to have a strong rebuttal that explains why your argument is stronger and more persuasive. This will demonstrate your capacity for critical analysis, showing the reader that you have carefully considered differing perspectives before coming to a well-supported conclusion.

8. End With A Strong Conclusion

Your conclusion is your opportunity to summarise the key points made throughout your essay and to restate the thesis statement in a clear and concise manner.  Avoid simply repeating what has already been mentioned in the body of the essay. For top grades, you should use the conclusion as an opportunity to provide critical reflection and analysis on the topic. You may also wish to share any further insights or recommendations into alternative avenues to consider or implications for further research that could add value to the topic. 

9. Review The Content Of Your Essay

Make sure you factor in time to edit the content of your essay.  Once you’ve finished your first draft, come back to it the next day. Re-read your essay with a critical perspective. Do your arguments make sense? Do your paragraphs flow in a logical manner? You may also consider asking someone to read your paper and give you critical feedback. They may be able to add another perspective you haven’t considered or suggest another research paper that could add value to your essay. 

10. Proofread For Grammatical Mistakes

Once you’re happy with the content of your essay, the last step is to thoroughly proofread your essay for any grammatical errors. Ensure that you take time to ensure that there are no grammar, spelling or punctuation errors as these can be one of the easiest ways to lose marks. You can ask anyone to proofread your paper, as they would not necessarily need to have a legal background – just strong grammar and spelling skills! 

11. Check Submission Guidelines

Before submitting, ensure that your paper conforms with the style, referencing and presentation guidelines set out by your university. This includes the correct font, font size and line spacing as well as elements such as page numbers, table of content etc. Referencing is also incredibly important as you’ll need to make sure that you are following the correct referencing system chosen by your university. Check your university’s guidelines about what the word count is and whether you need to include your student identification number in your essay as well. Be thorough and don’t lose marks for minor reasons!

12. Use Legal Terms Accurately

Always make sure that you are using legal terms accurately throughout your essay. Check an authoritative resource if you are unsure of any definitions. While being sophisticated is great, legal jargon if not used correctly or appropriately can weaken your essay. Aim to be concise and to stick to the point. Don’t use ten words when only two will do.

12. Create a Vocabulary Bank

One recurring piece of advice from seasoned law students is to take note of phrases from books and articles, key definitions or concepts and even quotes from your professors. When it comes to writing your law essay, you will have a whole range of ideas and vocabulary that will help you to develop your understanding and thoughts on a given topic. This will make writing your law essay even easier!

13. Finally, Take Care of Yourself

Last but certainly not least, looking after your health can improve your attitude towards writing your law essay your coursework in general. Sleep, eat, drink and exercise appropriately. Take regular breaks and try not to stress. Do not forget to enjoy writing the essay!

Words by Karen Fulton

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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.

law essay introduction sample

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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Law Essay Examples

Nova A.

10+ Winning Law Essays Examples | Boost Your Grades Now

Published on: May 8, 2023

Last updated on: Jan 30, 2024

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Are you looking for inspiration to get started on your law essay? If so keep reading! 

As a law student, you're expected to have excellent writing skills. Your essays should be well-structured, articulate, and persuasive. However, it's not always easy to know where to start or how to approach your writing. 

That's where law essay examples come in - they provide a valuable resource that can help guide you through the process.

In this blog, we'll explore the law essay examples on different topics. Moreover, we will analyze the structure and format of a law essay. 

So, let's get started!

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What is a Law Essay? 

A law essay is a written assignment that requires the writer to analyze and evaluate legal issues, cases, or concepts. 

The purpose of a law essay is to demonstrate a student's understanding of the subject matter. It also shows the student's ability to present an argument in a concise manner. 

Want to gain more knowledge on how to write a high-quality law essay? Check out this video for insightful tips!

University Law Essay Examples

Let's take a closer look at some excellent university law essay examples that highlight the proper use of references.

Law Reflective Essay Example

Law Enforcement Essay Example

Law Reform Essay Example

Law Research Essay Example

Below, you will find some additional law essay samples that you may come across in your university assignments.

First Class Law Essay Example

Law School Transfer Essay Example

Law School Why X Essay Example

Law Essay Format and Structure

A well-structured and formatted law essay is essential for receiving high marks. Here are some key elements that should be included:

1. Introduction

  • The introduction should introduce the main arguments of the essay.
  • The first sentence should be attention-grabbing.
  • The introduction should provide concise information about the broader significance of the topic.
  • It should lead into the body of the essay.
  • Each paragraph should have a clear topic sentence.
  • The paragraph should include supporting evidence and analysis.
  • The paragraphs should be logically connected.

3. Conclusion:

  • The conclusion should summarize the main arguments of the essay.
  • It should not introduce new information.
  • It should demonstrate the significance of the arguments.

Let's take a look at an example of a well-structured law essay:

Check out the following pdfs for a better understanding:

Law Essay Format pdf

Law Essay Introduction Example pdf

Specific Law Essay Topics

Let's take a look at some specific law essay topic examples that can provide a foundation for deeper analysis.

Criminal Law Essay Example

Case Law Essay Example

Law Case Analysis Essay Example

Contract Law Essay Example

Ilac Law Essay Example

Public Law Essay Example

Critical Analysis Law Essay Example

Contract Law Essay Example Offer Acceptance

Additional Law Essay Samples

Let's explore some of the most frequently assigned law essay topics for writing assignments.

Development of Welfare Legislation for Animal Testing

Legal Analysis of Donald Trump's Leadership Style

Torts of Negligence and Battery in Medical Law

The Frustration of Contract in the Coronation Cases

Effectiveness of Gun Control Laws in the United States

The Unjust Intersection of Police Brutality and Racism

Nike Faces Gender Discrimination Lawsuit

A Dream to Become a Lawyer

Hate Crime Laws

Law Essay Writing Tips and Best Practices

Writing a law essay can be a rewarding and fulfilling experience. Here are some tips and best practices to help you write a successful law essay:

  • Understand the assignment: Before you start writing your essay, make sure you understand the assignment requirements. This includes the topic, formatting requirements, and any specific instructions from your professor.
  • Research extensively: A good law essay requires thorough research on the topic. Make use of primary and secondary sources, such as case law, legal journals, and academic articles, to support your arguments.
  • Plan your essay: Before you start writing, plan your essay structure. This includes an introduction, body paragraphs, and a conclusion. The body paragraphs should be organized logically, with each paragraph focusing on a specific point or argument.
  • Use clear and concise language: The language used in a law essay should be clear, concise, and precise. Avoid using jargon or technical terms that may be unfamiliar to the reader. Use plain language that is easy to understand.
  • Cite your sources: In a law essay, it is important to cite your sources properly. Use the appropriate citation style, such as APA or MLA.  Make sure to include a bibliography or reference list at the end of your essay.
  • Use reputable sources: Ensure that your sources are reputable and reliable. Use academic databases, such as LexisNexis or Westlaw, to find legal cases and journal articles.
  • Seek feedback: It can be helpful to seek feedback from your professor or a peer before submitting your essay. This can help you identify any areas that need improvement and ensure that your arguments are persuasive and well-supported

Common Mistakes To Avoid In Law Essay Writing

Here are some most common mistakes to avoid when writing a law essay:

  • Failing to answer the question: Make sure that your essay clearly answers the question posed.
  • Lack of clarity: Ensure that your essay is clear, concise, and well-organized.
  • Plagiarism: Avoid plagiarism by properly citing all sources used in your essay.
  • Inaccurate legal analysis: Ensure that your legal analysis is accurate and supported by legal authority.
  • Poor syntax: Use proper grammar and syntax to ensure that your essay is well-written and easy to understand.

How To Edit And Proofread Your Law Essay 

Here are some great tips to perfect your law essay:

  • Take a break: Take a break before editing and proofreading to ensure a fresh perspective.
  • Review for clarity: Review your essay for clarity, ensuring that your arguments are well-supported and easy to understand.
  • Check for accuracy: Check your essay for accuracy, including legal analysis and citations.
  • Check for grammar and spelling: Check for proper grammar, spelling, and punctuation.
  • Read aloud: Read your essay aloud to catch any errors or awkward phrasing.

To sum it up!

Writing a law essay requires careful planning, extensive research, and attention to detail. Throughout this blog, we have explored different law essay examples. We have also discussed the format and structure of a well-written law essay. 

By avoiding common mistakes and following best practices, you can write a successful essay. However, if you find yourself struggling with your law essay, do not hesitate to seek help from CollegeEssay.org .

We offer top-quality essay writing service to students at all academic levels. 

Get in touch with our law essay writing service now and say ' write my essay ' and let us help you achieve your academic goals!

Also, give our AI essay writing tools a try!

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law essay introduction sample

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  • Writing a Student Note
  • Writing Process

The Writing Process

Typical outline of a note.

  • Introduction : The Introduction should include a description of the problem, a thesis statement, and a roadmap of the argument to follow.
  • Part I : This section should be used to set forth the background information on which the later analysis in your Note will depend. It should be a general and broad review of the important issues relevant to your topic that educates your readers about everything they must know in order to understand your Note. When writing this section, be sure to use language that a reader who is not familiar with your Note topic can easily understand.
  • Part II : This section should examine the major cases and statutes that your Note will be analyzing. It will contain the main portion of your analysis of how the law stands. For example, if your topic focuses on a circuit split, Part II is where you would explain the conflicting holdings and rationales. You may also choose to discuss what other commentators have said about your topic and these cases.
  • Part III : This section is where you will contribute your own analysis of and views on the topic. You will say why you feel the cases/commentary you analyzed are wrong and what should be done instead. In the case of a circuit split, say which side is better and why. Part III is where you should place your original thoughts and contributions, along with the conclusion of your Note.
  • Conclusion : The Conclusion should briefly restate what you have already said. You should not focus too much on this section when preparing this Prospectus.

Tips on Legal Writing—Patrick Garlinger ’09

While some may have a greater facility for language than others, there is nothing natural about good writing. It comes from practice—and from rewriting.

Advice on writing is easily dispensed but difficult to follow. This is largely because writing requires enormous discipline. The following are six basic principles that provide a structure for the writing process. They are not specific to academic writing or to legal writing in particular but may be especially helpful in a law school environment where time to write is a precious commodity. Over the years these guidelines have given me the discipline to start and finish, among other academic texts, a student Note.

Writing is like a muscle: Exercise it regularly.

For most students, the Note is the first experience with publishable academic writing. In college, all-nighters might produce passable term papers, but that approach certainly won’t do here. Nor will exam writing really prepare you for legal academic writing. Instead, good academic writing requires regular practice. Law school does little to assist here, since all too often the periods for working on one’s Note are isolated and scattered due to the time constraints imposed by classes, journal work, clinics, and extra-curricular activities. You may pursue a Directed Research as a way to carve out a block of time dedicated to the note or, alternately, write your note to fulfill the writing requirement of a seminar. Winter break is also a great time to make substantial progress on a first draft. Either way, you should try to work steadily on the Note so as to avoid losing momentum and focus.

Good writing does not come naturally: Read good writers.

While some may have a greater facility for language than others, there is nothing natural about good writing. It comes from practice—and from rewriting. To practice without models of good writing is, however, pointless. You must read other legal writers carefully, for both their analysis and their style. As a starting point, find a few sources that inspire your intellectual juices and, over time, keep adding to the list. Read and analyze how those writers introduce their topic and communicate their thesis. Look carefully at the architecture of their argument, their lexicon and sentence structure. In short, read them as both legal scholars and writers. Emulate (but do not copy, of course). Additionally, you may benefit from style guides that provide specific guidelines for legal writing (e.g., Bryan Garner’s Legal Writing in Plain English ). Avoid legalese. A student note should not read like a law school exam or a brief.

Know your thesis: Say it in a single sentence.

One of the most difficult tasks facing a student writer is finding a topic and narrowing the thesis. The student Note is rather short—and because you need to provide background information for your generalist readers, there is little room for sweeping analysis. As such, you should target a very discrete issue. Yet, in my experience, articulating, not finding, the topic is the most difficult task facing a student writer.

You should be able to state your thesis in one or two sentences at most. Anything longer suggests that the topic too unwieldy for a student note or, more probably, that the writer still has not fully understood the nature of the project. Pith not protraction should be your goal. If you can state your thesis in a single sentence, that clarity and concision will guide you throughout the rest of the writing process, helping to avoid unfortunate meanderings or excess material that is not essential to the argument. Simply put, if you cannot summarize your note in one or two sentences, you don’t have a thesis.

Know your writing mode: Respect your rhythm.

Everyone has a writing mode—when you are most inclined to write and how you go about composing. Some of us are “whittlers.” We write and write and write. Later, we will edit and “whittle” away the excess. We refine our ideas in the process of writing, often repeating the same thoughts in multiple guises until we hit on just the right formulation. Others are “refiners” who write just a few sentences or a paragraph and then revise and polish it to perfection before moving on. Similarly, you may have a natural rhythm when it comes to the time of day when your writing seems to flow most easily. A friend of mine prefers to write in the mornings before she has any tea or coffee, using what I call the “carrot” method of motivation.

Respect your writing style; recognizing how you work is important to maximizing it. It may prove futile to try to write against your natural rhythm. If I try to refine as I write, or if I write in the middle of the afternoon, I find myself producing very little.

Everyone suffers from writer’s block: Switch gears or put it down and rest.

Even when you know your writing mode, writing can be a difficult process; your energy comes in fits and spurts, your love for your topic waxes and wanes. When you hit a road block, change it up. Sometimes very simple changes can give you a boost. When I find myself struggling, I switch fonts, or change the spacing from single to double. Often the effect is just to defamiliarize the text, so you see it differently. If writer’s block still persists and the words elude you, take a break. Sometimes a day or two can make a difference in how the argument reads to you—the logical leaps, grammatical errors or infelicitous word choices will leap off the page.

There is a danger, though, in always caving at the first resistance to writing. Writing is hard work. It requires endurance and persistence. Force yourself to try to write for at least 10-15 minutes. A mentor was fond of saying, “Screw your a-- to the chair and don’t get up.” Like exercise, sometimes the thought of writing is more painful than the actual practice, and once you start, you find it comes more easily than anticipated.

Never fall in love with your own writing: Edit with a vengeance.

This piece of advice is owed to a former mentor who repeated it as a mantra. Whether you are a whittler, a refiner, or somewhere in between, we often fall in love with our own prose, unable to let go of a snappy sentence or an ingenious turn of phrase. Editing is the key to good writing, however, and you cannot be afraid to leave material on the cutting room floor.

Place yourself in the reader’s position and ask yourself if the sentence/paragraph/section is really essential. Because we often think we know what our words mean, we fail to realize that our readers may not find our thoughts to be so crystalline. Defamiliarize your own writing by putting the text away or it may be helpful to print out and proofread in hard copy; words will look different on the page than on the computer screen. Finally, avoid the fetish of the footnote as the last refuge for material that should be cut. It is cliché but true that less is often more.

Additional Resources

  • Writing Workshop Video : A September 2008 presentation by Vice Dean Barry Friedman, Professor Florencia Marotta-Wurgler, Patrick Garlinger, ’09, and Ilana Harmati, ’10, on student legal writing.
  • Eugene Volokh, Academic Legal Writing: Law Review Articles, Student Notes, and Seminar Papers (2003)
  • The Bluebook : the guide to legal citation to use in writing and editing legal scholarship.

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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'...

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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

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law essay introduction sample

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  • essay writing
  • law students

law essay introduction sample

Writing a legal assignment is a daunting task, especially for students who do not possess the skills needed to create a good piece. To report a good law essay, you need to have a legal background that will enable you to conduct your analysis with ease or you can paper  i need someone to write my essay for me

A student has to demonstrate his or her ability to analyze a legal topic and describe it in a simple, logical, and clear way. Like other essays, your opinion will rely on facts. Writing and completing a law essay is simple especially for students in law university. All you have to do is follow the tips that we are going to discuss today.

Defining a law essay

Laws are rules that are enforced by government authorities to maintain order. Law essays are papers written by students to analyze different aspects of the law and provide different views and opinions on the subject. These views also describe the strength and weaknesses of a particular legal topic.

1.    Starting a law essay

How do you start writing a law assignment? You start by identifying a great topic that will act as the foundation of your essay. After identifying a good topic, you explore the question in your subject area. The subject area will help you in understanding the issues that you need to address. Your professor expects you to provide good answers in the body section.

Another important part of a law essay is the title. You need to create a captivating and compelling title that will get readers interested in reading the piece. Start by coming up with a captivating intro that creates the desired impression. Your opening remarks should indicate what the reader should expect to find in your paper.

2.    Finding a good topic

Since most legal papers focus on legal analysis, you’ll need to do your research in your area of study. You’ll be in a comfortable position to write your essay after you’ve familiarized yourself with the topic. Don’t forget to list your information sources since they’ll be required at the end of your essay. For your insights or arguments to be effective, you’ll need to present them in a structured approach.

3.    Create an outline

Without a good outline, you don’t have the assurance that you’ll get your desired results. To create an outline, you’ll need to come up with a draft that includes all the main arguments and ideas that you’ll include in your copy. A structured blueprint gives you a reference point that helps you formulate and turn ideas into words. With an outline, you’ll easily focus on the topic at hand and the main topics.

4.    Include all the sections

Just like any other essay, a law essay is made up of three sections namely the intro, body, and conclusion. The intro consists of one paragraph that finalizes with a thesis statement. The body includes around three or four paragraphs that elaborate on the theme and arguments. The conclusion summarizes the essay.

1.     The Introduction

The introduction part introduces the reader to the subject at hand by summarizing the arguments of the essay. It is an opportunity to get the attention of the audience by focusing on the value of the topic. The introduction ends with a thesis statement that justifies the objectives of the essay.

2.     The body

The body is a key element of the essay. It allows you to state your main arguments that support your thesis statement. Do not be afraid of giving counter-arguments on the issues that you are supporting. However, your claims have to be supported by reliable sources of information.

The opinions that you include in your essay should indicate a clear understanding of the subject matter. The body part needs to challenge and persuade readers to adopt your thoughts. If you’ll be tackling different elements, it’s important to divide your body into sub-headings.

3.     The conclusion

The conclusion summarizes your point of view by restating your thesis statement. Your body needs to address all the critical questions for you to be in a position to conclude with a comprehensive answer. Never introduce a new idea in the conclusion. You also need to be objective in your final remarks especially when describing your personal view.

To conclude

Before we conclude this article, we’ve decided to share a few critical tips on certain aspects of your essay that deserve your attention. You need to:

  • Present your paper in a neat and organized way
  • Use coherent and effective structures when labeling your subheadings
  • Demonstrate your ability to apply the law using your arguments
  • Develop systematic and logical arguments

Writing a law essay shouldn’t be difficult with the tips that we’ve discussed here. The most important thing when writing such essays is creativity. You need to prepared to think outside the box. After writing your essay, remember to proofread at least three times before submitting it.

Camilla Uppal

Camilla Uppal

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  • Knowledge Base
  • How to write an essay introduction | 4 steps & examples

How to Write an Essay Introduction | 4 Steps & Examples

Published on February 4, 2019 by Shona McCombes . Revised on July 23, 2023.

A good introduction paragraph is an essential part of any academic essay . It sets up your argument and tells the reader what to expect.

The main goals of an introduction are to:

  • Catch your reader’s attention.
  • Give background on your topic.
  • Present your thesis statement —the central point of your essay.

This introduction example is taken from our interactive essay example on the history of Braille.

The invention of Braille was a major turning point in the history of disability. The writing system of raised dots used by visually impaired people was developed by Louis Braille in nineteenth-century France. In a society that did not value disabled people in general, blindness was particularly stigmatized, and lack of access to reading and writing was a significant barrier to social participation. The idea of tactile reading was not entirely new, but existing methods based on sighted systems were difficult to learn and use. As the first writing system designed for blind people’s needs, Braille was a groundbreaking new accessibility tool. It not only provided practical benefits, but also helped change the cultural status of blindness. This essay begins by discussing the situation of blind people in nineteenth-century Europe. It then describes the invention of Braille and the gradual process of its acceptance within blind education. Subsequently, it explores the wide-ranging effects of this invention on blind people’s social and cultural lives.

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Table of contents

Step 1: hook your reader, step 2: give background information, step 3: present your thesis statement, step 4: map your essay’s structure, step 5: check and revise, more examples of essay introductions, other interesting articles, frequently asked questions about the essay introduction.

Your first sentence sets the tone for the whole essay, so spend some time on writing an effective hook.

Avoid long, dense sentences—start with something clear, concise and catchy that will spark your reader’s curiosity.

The hook should lead the reader into your essay, giving a sense of the topic you’re writing about and why it’s interesting. Avoid overly broad claims or plain statements of fact.

Examples: Writing a good hook

Take a look at these examples of weak hooks and learn how to improve them.

  • Braille was an extremely important invention.
  • The invention of Braille was a major turning point in the history of disability.

The first sentence is a dry fact; the second sentence is more interesting, making a bold claim about exactly  why the topic is important.

  • The internet is defined as “a global computer network providing a variety of information and communication facilities.”
  • The spread of the internet has had a world-changing effect, not least on the world of education.

Avoid using a dictionary definition as your hook, especially if it’s an obvious term that everyone knows. The improved example here is still broad, but it gives us a much clearer sense of what the essay will be about.

  • Mary Shelley’s  Frankenstein is a famous book from the nineteenth century.
  • Mary Shelley’s Frankenstein is often read as a crude cautionary tale about the dangers of scientific advancement.

Instead of just stating a fact that the reader already knows, the improved hook here tells us about the mainstream interpretation of the book, implying that this essay will offer a different interpretation.

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Next, give your reader the context they need to understand your topic and argument. Depending on the subject of your essay, this might include:

  • Historical, geographical, or social context
  • An outline of the debate you’re addressing
  • A summary of relevant theories or research about the topic
  • Definitions of key terms

The information here should be broad but clearly focused and relevant to your argument. Don’t give too much detail—you can mention points that you will return to later, but save your evidence and interpretation for the main body of the essay.

How much space you need for background depends on your topic and the scope of your essay. In our Braille example, we take a few sentences to introduce the topic and sketch the social context that the essay will address:

Now it’s time to narrow your focus and show exactly what you want to say about the topic. This is your thesis statement —a sentence or two that sums up your overall argument.

This is the most important part of your introduction. A  good thesis isn’t just a statement of fact, but a claim that requires evidence and explanation.

The goal is to clearly convey your own position in a debate or your central point about a topic.

Particularly in longer essays, it’s helpful to end the introduction by signposting what will be covered in each part. Keep it concise and give your reader a clear sense of the direction your argument will take.

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See an example

law essay introduction sample

As you research and write, your argument might change focus or direction as you learn more.

For this reason, it’s often a good idea to wait until later in the writing process before you write the introduction paragraph—it can even be the very last thing you write.

When you’ve finished writing the essay body and conclusion , you should return to the introduction and check that it matches the content of the essay.

It’s especially important to make sure your thesis statement accurately represents what you do in the essay. If your argument has gone in a different direction than planned, tweak your thesis statement to match what you actually say.

To polish your writing, you can use something like a paraphrasing tool .

You can use the checklist below to make sure your introduction does everything it’s supposed to.

Checklist: Essay introduction

My first sentence is engaging and relevant.

I have introduced the topic with necessary background information.

I have defined any important terms.

My thesis statement clearly presents my main point or argument.

Everything in the introduction is relevant to the main body of the essay.

You have a strong introduction - now make sure the rest of your essay is just as good.

  • Argumentative
  • Literary analysis

This introduction to an argumentative essay sets up the debate about the internet and education, and then clearly states the position the essay will argue for.

The spread of the internet has had a world-changing effect, not least on the world of education. The use of the internet in academic contexts is on the rise, and its role in learning is hotly debated. For many teachers who did not grow up with this technology, its effects seem alarming and potentially harmful. This concern, while understandable, is misguided. The negatives of internet use are outweighed by its critical benefits for students and educators—as a uniquely comprehensive and accessible information source; a means of exposure to and engagement with different perspectives; and a highly flexible learning environment.

This introduction to a short expository essay leads into the topic (the invention of the printing press) and states the main point the essay will explain (the effect of this invention on European society).

In many ways, the invention of the printing press marked the end of the Middle Ages. The medieval period in Europe is often remembered as a time of intellectual and political stagnation. Prior to the Renaissance, the average person had very limited access to books and was unlikely to be literate. The invention of the printing press in the 15th century allowed for much less restricted circulation of information in Europe, paving the way for the Reformation.

This introduction to a literary analysis essay , about Mary Shelley’s Frankenstein , starts by describing a simplistic popular view of the story, and then states how the author will give a more complex analysis of the text’s literary devices.

Mary Shelley’s Frankenstein is often read as a crude cautionary tale. Arguably the first science fiction novel, its plot can be read as a warning about the dangers of scientific advancement unrestrained by ethical considerations. In this reading, and in popular culture representations of the character as a “mad scientist”, Victor Frankenstein represents the callous, arrogant ambition of modern science. However, far from providing a stable image of the character, Shelley uses shifting narrative perspectives to gradually transform our impression of Frankenstein, portraying him in an increasingly negative light as the novel goes on. While he initially appears to be a naive but sympathetic idealist, after the creature’s narrative Frankenstein begins to resemble—even in his own telling—the thoughtlessly cruel figure the creature represents him as.

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Your essay introduction should include three main things, in this order:

  • An opening hook to catch the reader’s attention.
  • Relevant background information that the reader needs to know.
  • A thesis statement that presents your main point or argument.

The length of each part depends on the length and complexity of your essay .

The “hook” is the first sentence of your essay introduction . It should lead the reader into your essay, giving a sense of why it’s interesting.

To write a good hook, avoid overly broad statements or long, dense sentences. Try to start with something clear, concise and catchy that will spark your reader’s curiosity.

A thesis statement is a sentence that sums up the central point of your paper or essay . Everything else you write should relate to this key idea.

The thesis statement is essential in any academic essay or research paper for two main reasons:

  • It gives your writing direction and focus.
  • It gives the reader a concise summary of your main point.

Without a clear thesis statement, an essay can end up rambling and unfocused, leaving your reader unsure of exactly what you want to say.

The structure of an essay is divided into an introduction that presents your topic and thesis statement , a body containing your in-depth analysis and arguments, and a conclusion wrapping up your ideas.

The structure of the body is flexible, but you should always spend some time thinking about how you can organize your essay to best serve your ideas.

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COMMENTS

  1. Example Law Essays

    The example law essays below were written by students to help you with your own studies. If you are looking for help with your law essay then we offer a comprehensive writing service provided by fully qualified academics in your field of study. Law Essay Writing Service.

  2. How to Write a Law Essay Introduction (Law Lecturer's Guide)

    Present the central argument. One of the most important aspects of your law essay that needs to be included in the introduction is the central argument, that is the point you will be trying to prove in your essay. Relying on simple vocabulary and phrasing, explain the central argument that you will be attempting to prove throughout your essay.

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    5th May 2020 Law Essay Help Guide Reference this In-house law team. Planning Your Law Essay. The next step is to plan your essay: as we identified, the minimum requirements will be an introduction, body and conclusion, unless you are dealing with a report or dissertation. When you have done some research, you may wish to make a rough plan of ...

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    5. Write A Compelling Introduction. A great introduction should, firstly, outline the research topic. The introduction is one of the most crucial parts of the law essay as it sets the tone for the rest of the paper. It should capture the readers attention and provide the background context on the topic.

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    This resource will focus on theoretical based law essays. There are a number of strategies that may help you in starting, structuring and presenting a law essay. 1. Starting your answer. The first step to a successful law essay is understanding the question. One of the most effective ways of breaking down the question is to identify the ...

  6. How to Structure a Law Essay (Tips from a Former LLB Lecturer)

    Restate key supporting arguments. The final stage of creating the plan of your law essay is to pick 2 to 3 key supporting arguments which you discussed in the main body of your paper and outline them again. This time, however, you will not be getting into a detailed discussion of how case law or statute sections justify your supporting arguments.

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    Introduction: As a very rough guide, for essay style questions, the introduction will represent about 10% of your word count, outlining perhaps a brief interpretation of the question and what you intend to cover in the essay. For problem questions, the introduction will be fairly short and simple, outlining for example the areas of law and main ...

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    The introduction should also provide a roadmap to a user by illustrating the structure used in a paper. A classic example of a law essay is the following: "The essay will be divided into four main sections. In section I, the essay will provide an in-depth understanding of …. Act.

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

    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:

  11. Top Law Essay Examples for Students: Learn from the Best

    Body Paragraphs: Paragraph 1: Discuss the importance of intellectual property rights in the pharmaceutical industry. Paragraph 2: Examine the role of patents in protecting innovation in the industry. Paragraph 3: Analyze the impact of patent expiration on the industry and the introduction of generic drugs.

  12. PDF How to Write a First Class Law Essay

    Instead your opening paragraph should be a short introduction to the context that surrounds the topic and a brief word about what you are arguing or seeking to prove. Let's say you are writing an EU law essay about how effective the preliminary reference procedure under Article 267 TFEU is.

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    Read and download a selection of free sample Law essays written by Oxbridge academics, as guidance and inspiration for your own research and learning. WhatsApp +44 (0) 207 391 9032 ; Order; Services. Essay Writing Services ... An Introduction to Tort Law (2nd edn, OUP, 2006)ix)

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    Here are some practical and practical tips for planning a one good law essay. Highlight specific words and phrases in the essay's title. Take a brain dump for the words that you have highlighted and note them down. Find a connection between these phrases and words. Develop a strategy to come up with your answer basedon these phrases.

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    Laws are rules that are enforced by government authorities to maintain order. Law essays are papers written by students to analyze different aspects of the law and provide different views and opinions on the subject. These views also describe the strength and weaknesses of a particular legal topic. 1. Starting a law essay.

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    SAMPLE LAW ESSAYS. Law Essay Samples. Getting a First on a law essay it difficult and takes a lot of effort. First, fully comprehend the essay question and list its essential elements. To establish a strong base of knowledge on the subject, do in-depth study and read academic publications, citing legislation and cases.

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    Step 1: Hook your reader. Step 2: Give background information. Step 3: Present your thesis statement. Step 4: Map your essay's structure. Step 5: Check and revise. More examples of essay introductions. Other interesting articles. Frequently asked questions about the essay introduction.

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    Your essay probably has around 3-5 headings. Depending on the length of your essay, you should write in this part of your conclusion between 1 and 3 sentences summarising each of the headings. So, if your essay is pretty short - let's say up to 1,500 words - and has three headings, you should include in your conclusion one sentence restating ...

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