Understanding Law Essay Structure vs. Problem Questions
Before we go deeper into structure, you need to understand that law school assignments come in two main flavors: essay questions and problem questions. They require different structural approaches, and mixing them up is a common mistake.
Essay questions ask you to argue a position. They typically start with phrases like "Discuss," "Analyze," or "To what extent." These require a thesis-driven structure where you take a clear stance and defend it with legal authority and reasoning. You're building an argument from start to finish.
Problem questions, on the other hand, present a hypothetical scenario and ask you to identify legal issues and apply relevant law. These follow a more rigid IRAC structure throughout (which we'll explain shortly). You're solving a puzzle, not making an argument.
This article focuses specifically on essay question structure, the argumentative type. If you're working on a problem question, the organizational framework differs significantly. For a complete breakdown of the writing process for both types, check our guide on how to write a law essay.
The key difference: essays require a strong thesis statement and argument flow, while problem questions require systematic issue identification and legal application. Get this distinction clear from the start, because using the wrong structure type will cost you marks regardless of how good your legal knowledge is.
The Three Core Components of Law Essay Structure
Every law essay, regardless of topic or jurisdiction, follows a three-part structure: introduction, body, and conclusion. Let's break down exactly what belongs in each section and why it matters.
Introduction Structure (Your Essay's Foundation)
Your introduction should be 10-15% of your total word count. For a 1,500-word essay, that's roughly 150-225 words. Go longer than that and you're wasting valuable space that should go to analysis.
The introduction has four jobs, in this order:
First, you need a hook, something that establishes why this legal question matters. This doesn't have to be dramatic, but it should give context. For example: "The boundaries of negligence liability have shifted significantly since Donoghue v Stevenson, raising questions about where courts should draw the line." Second, provide brief background context on the legal area you're discussing. Don't rehash what the question already told the examiner; they know the basics. Instead, situate your argument within the broader legal landscape. Third, and most critically, state your thesis. This is your clear position on the question asked. Don't be wishy-washy. A strong thesis sounds like: "This essay argues that the current duty of care test provides insufficient protection for psychiatric harm claimants and requires legislative reform." A weak thesis sounds like: "This essay will examine different perspectives on duty of care." Fourth, give a brief roadmap of your argument. Tell the examiner what major points you'll cover to support your thesis. This doesn't need to be detailed, just signpost the journey ahead. |
Here's what your introduction should NOT include: new arguments, detailed case analysis, lengthy definitions, or apologies for what you won't cover. Get in, state your position, preview your route, and get out.
Body Paragraph Structure (Where Arguments Live)
Your body paragraphs should comprise 70-80% of your word count. This is where your legal analysis happens, and structure here is critical.
One rule dominates body paragraph structure in law essays: one idea per paragraph. Legal writing values concision. Your paragraphs will often be shorter than in other essay types, sometimes just 2-4 sentences. That's not just acceptable, it's preferred. Dense, unfocused paragraphs make examiners work harder to find your points.
Every body paragraph needs four elements:
- A topic sentence that introduces the point you're making in that paragraph. This should be a clear statement, not a question. For example: "The reasonable foreseeability test creates uncertainty in novel duty situations."
- Evidence to support that point. This means cases, statutes, academic commentary, or empirical data. You're making a legal argument, so you need legal authority. Don't just assert things, back them up.
- Analysis that explains how your evidence supports your thesis. This is where many students stumble. They cite a case and move on, assuming the connection is obvious. It's not. You need to explicitly explain why this case matters to your argument. What principle does it establish? How does it support your position? What are its limitations?
- A transition to your next paragraph. Law essays should flow logically from point to point. Each paragraph should build on the last and lead naturally to the next. Use transitional phrases, but keep them simple: "However," "Building on this point," "In contrast," "This principle extends to."
The order of your body paragraphs matters. Start with your strongest points or the most fundamental principles, then build complexity. Address counterarguments after you've established your main position; this shows you've considered alternative views but found them unpersuasive.
Conclusion Structure (Bringing It Home)
Your conclusion should be 10-15% of your word count, matching your introduction roughly. For a 1,500-word essay, that's 150-225 words.
The conclusion has three jobs:
First, briefly summarize your main findings. Hit the key points you made in your body paragraphs, but don't rehash them in detail. You're reminding the examiner of the journey they just took, not taking them on it again. Second, restate your thesis in light of the evidence you've presented. This isn't just copying your introduction thesis; it's showing how your analysis has demonstrated that position. For example: "As this analysis has shown, the current duty of care framework inadequately addresses psychiatric harm, creating arbitrary distinctions that lack principled justification." Third, end with a final thought or implication. What's the broader significance of your argument? Where might the law go from here? What questions remain unanswered? Keep this brief, one or two sentences. |
What should never appear in your conclusion: new arguments, new evidence, new cases you didn't discuss earlier, apologies for what you didn't cover, or hedging phrases like "in my opinion" or "I believe." The conclusion synthesizes what you've already proven. If a point didn't make it into your body paragraphs, it doesn't belong in your essay at all.
Haven't chosen a topic yet? That's ok. We have got a list of law essay topics right at your disposal.
The IRAC Method: Your Structural Framework
IRAC stands for Issue, Rule, Application, Conclusion. It's the most widely used structural framework in legal writing, particularly in common law jurisdictions like the US, UK, and Australia. If your professor or lecturer hasn't explicitly told you to use something else, IRAC is your default.
Here's how IRAC works:
Issue: Identify the specific legal question you're addressing. Frame this as a question or statement. For example: "Whether a defendant owes a duty of care to a claimant who suffers psychiatric harm after witnessing an accident."
Rule: State the relevant legal principle, test, or framework that applies to this issue. This is where you cite your cases and statutes. For example: "The test for duty of care in psychiatric harm cases requires proximity in time and space to the incident, along with a relationship of love and affection with the primary victim (Alcock v Chief Constable of South Yorkshire Police)."
Application: Apply that rule to your specific question or hypothetical. Explain how the principle works in this context. What does it mean for your argument? How do the facts fit (or not fit) the rule? This is the longest section of IRAC because this is where your analysis lives.
Conclusion: Reach a conclusion on the issue based on your application. This should follow logically from what you've just explained. For example: "Therefore, the claimant is unlikely to succeed in establishing duty of care under current law, as the proximity requirements are interpreted narrowly."
You can use IRAC in two ways: as a structure for your entire essay (one big IRAC from start to finish), or as a structure for individual body paragraphs or sections (multiple smaller IRACs addressing different sub-issues). The paragraph approach works better for complex essays with multiple legal questions.
The beauty of IRAC is that it forces logical flow. You can't jump to conclusions without explaining the legal principles. You can't cite cases without explaining how they apply. It keeps your analysis grounded and systematic.
One common mistake: students spend too much time on Issue and Rule, then rush Application. The Application section should be your longest IRAC component, that's where your critical thinking shows. Don't just state the law and move on. Explain how it works and why it matters to your argument.
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Using Subheadings Effectively in Law Essays
Unlike many other essay types, law essays actively use subheadings. They help organize complex arguments and guide the reader through your analysis. But you need to use them strategically, not randomly.
The purpose of subheadings in law essays is dual: they organize your content into logical sections, and they signal to the examiner what each section accomplishes. Think of them as signposts on your argumentative road. |
Use subheadings to mark major sections or distinct arguments. For example, if you're analyzing a legal test with multiple components, each component might get its own subheading. If you're comparing two different approaches to a legal problem, each approach might get a subheading.
Here's the AGLC 4 rule on subheadings: the first word must be capitalized, but subsequent words follow normal capitalization rules (capitalize proper nouns, lowercase everything else).
| For example: "The reasonable foreseeability test" not "The Reasonable Foreseeability Test." |
Your subheadings should be substantive, not generic. Compare these two approaches:
Generic: "Section One," "Section Two," "Section Three"
Substantive: "The duty of care requirement," "Breach through negligent omission," "Causation challenges in psychiatric harm"
The substantive approach tells the examiner what you're arguing, not just that you're arguing something. It makes your essay more accessible and shows you've thought carefully about organization.
How many subheadings should you use? There's no fixed rule, but use them judiciously. A 1,500-word essay might have 3-5 subheadings. A 3,000-word essay might have 5-8. If you're using more than that, you're probably breaking your analysis into sections that are too small.
Create your subheadings before you start writing, during the planning phase. They'll help you structure your thinking and ensure you're covering all necessary components. This is part of the broader planning process we cover in our guide on how to write a law essay.
Law Essay Formatting Requirements
Structure isn't just about how you organize content; it's also about how you present it on the page. Formatting requirements matter more in law than in most other disciplines because legal writing has strict conventions.
Citation Format (AGLC 4 / OSCOLA)
Law essays use footnote citations, not in-text citations. This is non-negotiable in common law jurisdictions. Your citations go at the bottom of the page, not in parentheses after sentences.
The specific citation style depends on your jurisdiction:
AGLC 4 (Australian Guide to Legal Citation, 4th edition) is standard in Australia. It requires pinpoint references for all case and statute citations, uses specific formatting for different source types, and includes a bibliography at the end. OSCOLA (Oxford Standard for the Citation of Legal Authorities) is standard in the UK. Similar to AGLC but with some formatting differences, particularly around punctuation and abbreviation. Bluebook is standard in the US. It's notoriously complex, with different rules for law review articles vs court documents, vs student papers. |
Check your assignment instructions for which style to use. If you're not sure, ask your lecturer; using the wrong citation format can cost marks even if your substance is perfect.
One universal rule: you must include pinpoint references. That means citing the specific page or paragraph number where you found the principle, not just the case name. Citing "Donoghue v Stevenson" isn't enough. You need "Donoghue v Stevenson [1932] AC 562, 580."
For official guides, see the AGLC 4 manual from Melbourne University or the OSCOLA guide from Oxford.
Formatting Specifications
Most law schools have specific formatting requirements. Here are the common standards:
Font: Times New Roman 12pt is standard. Some schools accept Arial 11pt or Calibri 11pt. Don't get creative with fonts, law values consistency and readability. Spacing: 1.5 or double spacing for the main text. Some schools require single spacing for footnotes. Check your assignment guidelines. Margins: 1 inch (2.5cm) on all sides is standard. This leaves room for marker comments. Page numbers: Required. Usually in the top right or bottom center of each page. Alignment: Justified (both sides aligned) is traditional in legal writing, but left-aligned is increasingly acceptable. Don't center-align or right-align main text. Title page: Usually required. Should include your name (or student number if anonymous marking), essay title, course name, lecturer name, date, and word count. |
These details seem minor, but they matter. An essay that looks professional signals to the examiner that you take legal writing seriously. An essay with inconsistent formatting signals sloppiness, and examiners may assume that sloppiness extends to your legal analysis.
Confused about what to write? No problem. Have a look at our law essay examples guide to get some clarity.
Language and Style Requirements
Law essay language has its own conventions. The goal is clarity and precision, not impressiveness.
Use clear, concise English. Legal concepts are complex enough without making your sentences unnecessarily complicated. If you can say something in 10 words instead of 20, do it.
Plain language is preferred over legal jargon, unless the jargon is necessary for precision. Don't say "hereinafter" or "aforementioned" or "whereas" unless you're drafting a contract. Just use normal English.
Avoid passive voice where possible. "The court held" is better than "It was held by the court." Active voice is clearer and stronger.
Contractions: generally avoid them in formal law essays. Write "do not" instead of "don't," "it is" instead of "it's." This is one area where law essays differ from the more conversational style you might use in other disciplines. First person: this is changing. Traditional legal writing avoided first person entirely, but modern guidance increasingly accepts "I argue" or "this essay argues." Check your institution's preference. If unsure, use "this essay argues" rather than "I argue." One quote from Monash University's law writing guide captures this perfectly: "Examiners prefer to see complex arguments rendered in simple language." That's your north star. Don't make things more complicated than they need to be. |
Structuring Different Types of Law Essays
Not all law essays follow the same pattern. The basic structure stays consistent (introduction, body, conclusion), but the internal organization varies depending on what type of legal question you're addressing.
Argumentative essays are the most common type. You're taking a position on a legal question and defending it. Structure: Strong thesis in your introduction, body paragraphs that each present a supporting argument with legal authority, a section addressing counterarguments and explaining why they're unpersuasive, and a conclusion that reinforces your position. This is the standard law essay structure.
Comparative essays ask you to compare two or more legal approaches, jurisdictions, or principles. You have two structural options. Option one: discuss topic A completely, then discuss topic B completely, then compare them in a separate section. Option two: compare point-by-point throughout (for example, "Both jurisdictions recognize duty of care, but apply different tests..."). The point-by-point approach usually works better because it keeps the comparison front and center.
Analytical essays ask you to break down a legal concept, case, or statute and examine how it works. Structure: Introduction that identifies what you're analyzing, body sections that systematically work through different components or implications, and a conclusion that synthesizes your findings. These essays don't always require a strong argumentative thesis; sometimes your job is to illuminate complexity, not resolve it.
For most law school essays, you'll be dealing with the argumentative type. That's where the thesis-driven structure we've discussed applies most directly. But knowing these variations helps you adapt when needed.
Common Law Essay Structure Mistakes
Let's talk about what goes wrong. These are the structural mistakes that cost law students marks every semester:
- No clear thesis. This is the most critical mistake. If the examiner can't identify your position from reading your introduction, you've failed the most basic requirement. Every law essay needs a thesis, a clear stance on the question asked. "This essay will discuss different approaches" is not a thesis. "This essay argues that the current approach is inadequate and requires reform" is a thesis.
- Introduction too long. Students panic and try to fit everything into the introduction. It should be 10-15% of your word count maximum. Get to your thesis quickly and move on. The body paragraphs are where your analysis lives.
- Paragraphs too long. If your paragraphs run 8-10 sentences, you're not organizing ideas properly. Legal writing values concision. Break down your arguments into smaller, digestible chunks. One point per paragraph.
- No topic sentences. Each body paragraph should start with a clear statement of what that paragraph accomplishes. The examiner shouldn't have to read three sentences to figure out what point you're making.
- Introducing new points in the conclusion. This is a major error. The conclusion synthesizes what you've already proven. If a point didn't make it into your body paragraphs, it doesn't belong in your essay at all. The examiner will notice and wonder why you're bringing up important analysis only at the end.
- Ignoring subheadings. Students write long, undifferentiated blocks of text when subheadings would make the structure clear. Use them to organize your major sections.
- Wrong citation format. Using in-text citations instead of footnotes, or using the wrong citation style (APA instead of AGLC), immediately signals that you don't understand legal writing conventions.
- No transitions. Your arguments should flow logically from one to the next. If each paragraph feels disconnected from the last, you haven't structured your analysis properly. Use transitional phrases to show how ideas connect.
Avoid these pitfalls and you're already ahead of a significant portion of your peers. Structure mistakes are usually easy to fix once you're aware of them.
Conclusion
Law essay structure isn't mysterious; it's a learnable framework that follows consistent principles. Master the three-part structure of introduction, body, and conclusion. Apply the IRAC method to organize your legal analysis. Use subheadings strategically to guide your reader through complex arguments. Follow the formatting requirements for citations and presentation.
The real power of good structure is that it makes your arguments accessible. When an examiner can follow your logic effortlessly, they're free to engage with the substance of your legal analysis. When they're confused about where you're going or what you're arguing, even strong research and sound reasoning won't save your grade.
Start by using the template provided in this guide. Create your subheadings before you write, apply IRAC within your paragraphs, and keep your thesis front and center. Structure gets easier with practice; each essay you write makes the next one more intuitive.
Great structure doesn't just earn better grades. It makes you a clearer legal thinker. The discipline of organizing complex arguments logically is exactly what you'll need in legal practice, whether you're writing briefs, memos, or contracts. Start building that skill now. If you need more help then check out our guide on how to write a law essay.
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