Writing a legal argument
The example paragraphs below demonstrate the things you need to include to write a successful legal argument.
To successfully write a legal case study you need to:
- identify relevant legal issues
- apply the law to the facts
- structure your answer clearly and logically (use the model plan)
- use appropriate language for a legal argument.
Identify relevant legal issues and apply the law to the facts
These model paragraphs show how a student has successfully identified the legal issues and applied those issues to the facts of the law.
Example 1
Lord Atkin's neighbour test suggested that person A owes a duty of care if B is sufficiently proximate to A. In other words, the test will hold if A's actions or omissions may affect B in a reasonably foreseeable manner and consequently cause damage or suffering or damage to B.1Screen reader users, this is an example of identifying and defining the legal issues In this case, Groovy Clothing Store owes Bert a duty of care because Bert was in their premises and such duty of care is non-delegable (and hence could not be discharged) to Groovy Clothing Store's contractor who was hired to renovate the premises.2Screen reader users, this is an example of applying the law to the facts According to the 'neighbour' test, occupiers of land owe a duty of care to their entrants (neighbours) in respect of premises because of their control over the premise.1Screen reader users, this is another example of identifying and defining the legal issues Australian Safeway Stores v Zaluzna.3Screen reader users, this is an example of a case citation Since Bert's presence in the store was organised and controlled by the store, and it is reasonably foreseeable that Groovy Clothing Store's actions and omissions could cause damage to Bert and other shoppers, it is hence sufficient for Groovy Clothing Store to owe Bert duty of care.4Screen reader users, this is an example of concluding the issue
Example 2
Here the application of the law to the facts and the identification of legal issues have been interwoven together in one sentence.
Although a shopper entering a shop like Groovy Clothing Store would not assume voluntarily2Screen reader users, this is an example of applying the law to the facts (volenti non fit injuria)1Screen reader users, this is an example of identifying and defining the legal issues the risk of falling down a collapsed staircase,2Screen reader users, this is an example of applying the law to the facts in defence a its breaching duty of care1Screen reader users, this is another example of identifying and defining the legal issues, Groovy Clothing Store could probably claim that Bert was partly liable for his injury due to his failure to take reasonable care of himself2Screen reader users, this is another example of applying the law to the facts (contributory negligence) on the grounds that an ordinary, reasonable and prudent person1Screen reader users, this is another example of identifying and defining the legal issues would not force him or herself up the stairs at the same time with so many people because of the foreseeability of an accident2Screen reader users, this is another example of applying the law to the facts Wyong Shire Council v Shirt [1980] HCA 12.3Screen reader users, this is an example of a case citation If this is the case, then not all the losses and damages Bert suffered would be recoverable.4Screen reader users, this is an example of concluding the issue
