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A Guide to Writing Answers to the Assignment Questions

Introduction
Students may be concerned that writing and referencing a law academic paper is different
to other types of academic papers. This is not correct except that perhaps the level of
analysis required may be greater and more reliance on primary sources (e.g. precedent
cases and legislation) and secondary sources (textbooks, articles) may be required.
But the basic fundamentals are still the same: a well-structured piece of work that leads
the reader through a discussion of a particular problem or issue. There should be an
introduction, a body and a conclusion. Inevitably, either you will be required to put up
arguments for hypothetical parties dealing with a hypothetical business problem or you
may be asked for your view about a particular legal issue. It is essential that you base your
arguments and views on legal principles and cases and thus reliance on what others have
written is necessary.
This guide attempts to provide you with some assistance in writing and referencing law
academic papers. Some basic resource materials are also noted.
[NB: This guide is a starting point only.]
There are two types of Law Academic Papers
Students who take the Business Law Major will inevitably be expected, at some stage, to
answer at least two different styles of legal questions: legal case studies and essays.
Legal case studies
These are questions based on a set of hypothetical facts.
The purpose of legal case study questions is both to engage you in problem solving and to
consider the issues relevant to risk management. In particular, case studies test your
ability to complete an IRAC analysis of the question. This analysis proceeds as follows:
Issues
Identify a problem that has occurred for one or more of the parties. That is, what
has gone wrong? Who has suffered?
Work out what area of law may govern the resolution of the problem.
Rules/Relevant Law
Set out the legal principles that would be used to address the problem. These are
sourced from cases and legislation.

Application/Analysis
Understand each different partys perspective, i.e. what each would argue to win
(i.e. achieve a fair outcome) [either as a plaintiff bringing a claim or as a defendant
successfully defending itself against the plaintiffs claim].

Test the legal arguments of the parties (based on legal principles and precedent
cases and, if appropriate, legislation).
Conclusion
Stand back and play the judge and decide who has the best argument.
Consider how the parties could have acted to better manage their risks in order to
avoid this legal problem.
NB: Before commencing to write an answer to a legal case study question it is
recommended that students run through the following checklist:
What?
Read the question that usually will appear at the end of the case study. It will tell you what
you are supposed to be doing. Often it will tell you the area of law, so you can immediately
look up information on it in your prescribed text and other texts. If it does not tell you
exactly what the issue of law is, and you cannot tell at first, go back to your lecture
materials and tutorial exercises, as they will contain the clues you need.
[Note: Assessment tasks are always set around the work that you have done in class or
will do in class. You are not expected to go outside the content of the unit you are studying,
but you are expected to explore it in greater depth.]
Where?
In order to find the information needed to answer the question, start by using general
sources (e.g. textbooks, CCH online library commentaries), then look at more specific
resources (e.g. articles sourced from online databases). When you are collecting
information, make sure you keep details of author, title, publisher, etc, so you can
reference correctly.
[Note: You need to be guided by your assessment task instructions and criteria about what
type of research is required.
Writing
A law academic paper is no different to any other piece of writing. It needs an introduction,
a body and a conclusion. There is no one way of setting out your answer. You may decide
to use the way judges do it in case reports, i.e. work out the legal problem, set out the law,
discuss it in relation to the facts, decide who has the best argument. You can choose
whatever style you want, so long as you have answered the question set, which always
involves at least a discussion of the law in relation to the facts i.e. link the law to the
facts.
Often there will be facts missing and you should identify these, make reasonable
assumptions about what they are and apply the law to them, or discuss the varying
outcomes if one fact compared to another existed.
Even though you might think some information is obvious, it may still be necessary to state
that information. For example, if you are asked whether a contract exists, you should
explain each element that is required to exist before a contract exists and then discuss in
more detail the ones that are uncertain in this set of facts. If you are asked whether there
has been a breach of a section of Act, and you think it is obviously yes you still need to

explain why it has been breached. You might be surprised once you start to think of the
issue from both parties point of view it may be less obvious than you first thought.
Note: Do not give a summary of the facts in your answer you have limited words. The
facts will come out as you use them in discussing how the law applies to them.
How to use the IRAC framework
Issues
Identify and state the legal issues involved in the question. For example, does it involve
contract law (if so, what aspect?), a trade practices issue (e.g. misleading conduct), a
company law issue (e.g. breach of directors duty), negligence?
Rules/Relevant Law
Explain the legal principles (rules) relevant to the issues identified. Any relevant legislation
and precedent cases should be used to support the explanation.
Application/Analysis
Use the law to argue for each partys position or, in other words, apply the law to the
hypothetical facts of the case study. This involves explaining the relevance of the law to
the scenario and how it can be used by each party to argue their case.
You need to consider the law from each partys point of view. This will develop an
argument and might raise different legal interpretations.
Conclusion
Arrive at a conclusion based on your preceding explanation, analysis and argument. Note
that there is usually not one correct answer, although there may be one answer that is
stronger than the others. So long as you have explored the law in relation to the facts, and
have put forward what you think the outcome/answer is, that is all that is expected of you.
Note: Use most of your words to explain the legal principles and to discuss each partys
arguments, and discuss the contentious aspects most (not the ones with which you are
most comfortable).
Also, try to use headings they help keep you and the reader focused.
[Depending on the facts of the case study appropriate headings may be things like: Legal
issues, Party As argument or Is there a contract?, Has the contract been
breached?]

Essay Questions
Essay questions also require you to discuss and apply precedent cases and legislation, as
appropriate, to a specific question.
You need to pay particular attention to the key words, i.e. describe is different to discuss,
which is different to critically analyse. In this sense, law essays are no different to any
other type of essay.

Law essays also need an introduction, a body and a conclusion. Headings should be used
to help focus your discussion and to keep a logical structure.
Strategies and Principles for Case Studies and Essays
1.

For each assessment task involving an academic paper, choose a topic, and read
both the topic question and the assessment criteria.

2.

Write your answer in a legible, clear, concise and logically structured manner.
Prepare your academic paper as if you are writing for an intelligent non-lawyer.

3.

Proof read the paper checking both your spelling and grammar.

4.

Strictly comply with the stated word limits they are guides as to how much detail
you need to go into.

5.

Use gender-neutral language where possible.

6.

Write in connected, shortish sentences. Use paragraphs that both generally only
contain one point and link to those on either side. Use headings. Do not use
abbreviations unless you have explained them.

7.

Reference your work (see below). You are expected to use other writers ideas,
statements and case summaries, and you need to give credit to these writers.