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Writing an Introduction to a Law Essay-Style Question
Define the key legal concept
Key legal concept is the main concept which you will be discussing throughout your essay. It will often be mentioned in the essay question set by your lecturer. If it is not, you can easily identify it by asking yourself the following question: “What area of public law/contract law/tort law/criminal law (etc.) is this essay about?". For example, in your public law essay your key legal concept could be "parliamentary sovereignty". Starting your law essay by explaining the key legal concept shows that you understand well the area of law that you will be discussing. It also ensures that you explain that area to your readers, so that they can also understand what you will be writing about. In general, starting an essay-style assignment by discussing the key legal concept is very good practice that will improve your marks.
Introduce the central argument
Now, on to the next part of the introduction - the central argument. Central argument is the main argument which you will be arguing throughout your essay. It is typically a part of the essay question set by your lecturer, or a paraphrase of that question. It helps the reader to understand what aspect of the key legal concept you will be discussing and how you are planning to approach the discussion. For example, your central argument could be: "Parliamentary sovereignty in the UK has ultimately been preserved despite the limitations imposed on it". When the reader sees this, they will immediately understand that you will be discussing whether parliamentary sovereignty (your key legal concept) can be said to exist in the UK or not.
Present the outline
Once you have defined your key legal concept and introduced your central argument, it's time to present the outline of your essay. This typically means listing the headings that your essay will have in the order that they will show up in your essay. For example, in an essay on parliamentary supremacy your headings could be as follows: "Interpretation of legislation by UK courts, Implied repeal doctrine, Judicial review of legislation". In short essays you will only have a short sentence or two to present your outline, which means that you will only mention the names of the headings in your essay. But in longer essays, where the introduction will be longer too, you might have enough space to explain what each heading will be about.
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Writing an Introduction to a Law Problem-Style Question
Restate the key facts
Key facts are the most important facts mentioned in the problem scenario which are relevant to the legal issues you will be discussing in your essay. In shorter essays, you might have to select fewer key facts to mention, as you will only be able to devote one or two short sentences of your introduction to this. But in longer essays you might provide a more detailed paraphrase of the key facts from the scenario. The most important thing to remember here is that - even in long essays - your lecturer doesn't want to see you devoting your entire introduction to paraphrasing the problem scenario. Your task is merely to mention the most important things that happened in the scenario, i.e. the things that will later on lead you to identify the legal issues that you will be dealing with in the main body of the essay.
Introduce the purpose
After the key facts it's time to introduce the purpose of your essay. In the case of a problem-style essay, the essay purpose is to ADVISE someone on something. Therefore, in this next part of your introduction you need to explain WHO will be advised on WHAT in your essay. For example, you might be advising James on whether he committed any criminal offences, or Jessica on whether she concluded a legally binding contract. Introducing the purpose of your essay in the introduction will show your lecturer that you understand what the problem scenario is asking you to do. It will also help your readers gauge what the essay will be about.
Present the outline
As with essay-style assignments, the last part of your introduction should be devoted to presenting the outline of your essay. Again, this means that you will have to list the headings of your essay in the order that they will show up in your essay. In problem-style essays, each heading is typically devoted to one legal issue, which makes naming the headings much easier. For example, in a tort law essay with three legal issues, your headings could be as follows: "Liability for Peter’s physical injuries, Liability for Mary’s physical injuries and death, Liability for Jade’s financial loss". As with introductions to essay-style assignments, in short essays your headings will be listed in only a sentence or two. But in longer essays, you might be able to discuss a bit about what will be included in each heading.
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Law essay introduction examples
Let’s put all of this together. Below you will find one full introduction for an essay-style question and one for a problem-style question, each with the three parts explained above.
Example of an essay-style law essay introduction
Parliamentary sovereignty is one of the core principles of the UK constitution. According to Dicey’s traditional theory, the UK parliament has the right to make or unmake any law, and no other body can override or set aside its legislation. This essay will argue that parliamentary sovereignty in the UK has ultimately been preserved despite the limitations imposed on it. The arguments will be considered in the following order: Interpretation of legislation by UK courts, Implied repeal doctrine, and Judicial review of legislation.
The first two sentences define the key legal concept, the third introduces the central argument and the last one presents the outline. In a short essay, that is all you need.
Example of a problem-style law essay introduction
The scenario concerns a road accident caused by Henry, in which Peter and Mary were seriously injured. Mary later died in hospital after receiving a penicillin injection, while Jade suffered financial loss as a result of the accident. This essay will advise Peter, Mary’s estate and Jade on whether they can claim damages from Henry in negligence. The legal issues in this essay will be considered in the following order: Liability for Peter’s physical injuries, Liability for Mary’s physical injuries and death as well as Liability for Jade’s financial loss.
Notice that the key facts take only two sentences. Your lecturer doesn't want to see your whole introduction paraphrasing the scenario, only the facts that lead to the legal issues. Then the purpose explains WHO will be advised on WHAT, and the outline lists the headings.
Suggested read: How to Write UK Law Essays and Exams: The Ultimate LLB Guide