

1.
Argument/Discussion
Answer
the question, answer the question,
answer the question, answer the
question, answer the question -
and structure your answer!
Your argument
should include a short introduction
which captures the reader's interest
and indicates what the paper will
and will not do. It must
include a logical conclusion.
By `logical', I mean a conclusion
which flows from the argument
made in the body of the paper. (The
conclusion is not simply the place
where you dump the last idea you
had before you handed in the paper.)
What
comes between the introduction and
the conclusion? Not everything else
you've photocopied, but rather an
argument which answers the question.
A surprisingly large number of student
papers seem to go out of their way
to avoid answering the question.
It
is permissible (indeed, advisable)
in a law paper to use sub-headings
to structure your argument. However,
your sub-headings should be worked
out in advance so that they assist
you in writing the paper. There
is no point in tacking headings
onto a badly structured paper after
it's written.
Irrelevance
Poor papers
often contain discussion which is
only vaguely relevant to the topic
or question. While writing the paper,
ask yourself regularly `why am I
including this material?' If the
best answer you can give is `because
I photocopied it', leave it out.
Going
nowhere in case it's not safe
Some of the
most frustrating student papers
are those which simply describe
the law without analysing it, or
which go out of their way to avoid
making an argument in case the argument
is `wrong'. Your paper will be much
stronger if you take a plausible
position on the issue under discussion,
and attempt to persuade the
reader that yours is the correct
position.
The
lecturer can see inside my mind
Your meaning
should be clear from what
you write. Don't leave it up to
the reader to discern your meaning
by reading the paper over and over,
reading it backwards, holding it
over ultraviolet light, or some
other non-rational means. To test
whether or not your meaning is clear,
read your paper aloud to someone
else before handing it in. If you
find yourself stopping to add `what
I mean to say is...', your written
expression needs to be clearer.
The
lecturer needs bombarding with all
my ideas at once
No she doesn't.
The lecturer may be reading your
paper late at night, with her brain
on `low'. You increase your chances
of being understood if you present
distinct ideas separately. Sentences
stuffed full of jargon, footnotes,
bracketed phrases and suggestions
of ideas to come are much less impressive
than simple, clear sentences which
present one idea at a time.
Don't
drink and draft
Your discussion
or argument should be plausible.
Poor papers often contain lines
of argument which no sober person
would believe. Read your paper aloud
(to yourself or someone who is
sober) before submitting it
in order to ensure that it meets
this test.
High-handedness
Don't try
to make up for an implausible or
irrelevant argument by lecturing
the reader about the correctness
of your argument and the stupidity
of other points of view.
If
I say it (enough times) it must
be true
Don't mistake
assertions for evidence
which supports your argument. Taking
such an approach in the court room
would get you into serious trouble.
I'm
the only person in the world without
a brain
Don't write
a paper full of material cribbed
from other people's articles. Process
the material through your own
brain before using it to write
your paper.
Plagiarism
Always identify
your sources. If your sources turn
out to be `my best friend's lecture
notes and essay', you have a serious
problem with your study methods
- especially if your best friend's
work is full of mistakes.
If
you quote material directly from
another source, enclose it in quotation
marks. Do not simply copy out the
quoted material and provide a footnote
to the source. When reading directly
copied material like this, your
lecturer experiences a strange echoing
sensation, which leads her to wonder
whether you really understand what
you are writing. The material should
go through your brain before
appearing in the paper in your
own words, or in a combination
of your own words and quotes of
important material like the words
of a statute or a judicial formulation
of a common law test.