Monday, 1 February 2016

ANSWERING LAW QUESTIONS - part 2

Earlier we discussed the types of law questions, that is:
1. Problem questions
2. Essay questions 
We discussed problem questions in detail, now we shall discuss how to answer law essay questions.

LAW ESSAY QUESTIONS
 The law essay like every essay consist mainly of three parts:
1. The introduction
2. The body
3. The conclusion

1. Introduction: you introduction should be brief (usually one paragraph), it should contain the definition of the major terms and a brief outline of what to expect in the body of the essay. Your introduction might determine whether or not the examiner wishes to continue reading your essay. 
2. Body: the body of the essay (usually starting with the second paragraph) should contain your answer to the examiners question with each point in one paragraph. Where there are judicial or statutory authorities, you should cite them to buttress your point. 
3. Conclusion: you could draw your conclusion by way of opinion, comparison or suggestion as the question requires. Sometimes the question may require that you state the correct position of law on the subject matter. 

The most distinguishing feature of the law essay from other essays is the use of 'authority'. By authority we refer to citation of statutes, judicial decisions as well as scholastic opinions. A law student must understand and use authorities when writing, otherwise little or no score would be recorded for his essay. Take this for example, the examiner has asked you to write on ACCEPTANCE in the law of contract. In defining acceptance you could cite a judicial definition (e.g TOBI J.S.C in A v. B defined an acceptance as...OR according to PROF. SAGAY on NIGERIAN LAW OF CONTRACT an acceptance is defined as....), you are allowed to provide your own definition right beneath it.
Does this mean for everything I write I have to provide an authority? What if there is none?
This is no way means you have to provide authority for every word you write, but whenever there is an authority on the subject matter, be sure to consider it, and input it. 
You should write your authorities in capital letters as shown above so it could stand out, you may also write your authorities in red ink. 
In the next post we shall examine common errors made by students when answering law questions. 

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