Overview
This lecture covers the structure and expectations of academic writing in law, with emphasis on the HIRAC method, legal essay writing, the creation of summaries, and the preparation of case notes.
Legal Academic Writing Essentials
- Law writing must be structured, persuasive, and precise, focusing on clear communication and accessibility.
- Conciseness and persuasiveness are fundamental, benefiting both legal and non-legal careers.
- Law writing prioritizes primary sources (e.g., cases, legislation) and addresses counterarguments.
HIRAC Method
- HIRAC stands for Heading, Issue, Rule, Application, and Conclusion—a framework for answering legal problem questions.
- Heading: Summarize the central legal issue as a question.
- Issue: Briefly identify and phrase the legal question(s) raised by the facts.
- Rule: State the relevant legal principles and cite primary sources; break rules into components.
- Application: Apply each rule element to the facts, considering both sides and referencing similar or distinct cases; state main points at paragraph ends.
- Conclusion: Summarize the analysis and provide the most likely legal outcome.
- HIRAC is flexible; use it as needed for each issue.
Legal Essay Writing
- Law essays require clear arguments, logical analysis, and critical engagement with evidence.
- Audience consideration, legal evidence, headings, and the Australian Guide to Legal Citation (AGLC) referencing style are distinguishing features.
- Clarity is paramount; use simple language, active voice, and proper tone (confident, courteous, not pretentious).
- Structure essays with a clear thesis, signposting, descriptive headings, connected paragraphs, and transitions.
Making Summaries
- Summaries help identify known and unknown concepts and prepare for assessments.
- Always create your own summaries; use others’ only as supplements.
- Summaries should be typed, well-organized, use bullet points, abbreviations, references, and visual aids.
- Begin summaries at least six weeks prior to exams and revise them through practice questions and past exams.
Preparing Case Notes
- Case notes focus on a single case, summarizing facts, issues, reasoning, and significance.
- Start with an introduction outlining the area of law and significance of the decision.
- List essential facts, court decisions, reasoning, and compare with previous law.
- Analyze the case critically, discussing reasoning, policy, and implications.
- Conclude with the case’s significance and potential wider impact.
- HIRAC can be used to structure case notes.
Key Terms & Definitions
- HIRAC — A structured approach to legal reasoning: Heading, Issue, Rule, Application, Conclusion.
- AGLC — Australian Guide to Legal Citation, the legal referencing standard in Australia.
- Primary Source — Legislation or case law used as evidence or authority.
- Case Note — A concise analysis of a single legal decision, covering facts, issues, reasoning, and significance.
Action Items / Next Steps
- Draft your own case notes and summaries for current coursework.
- Practice using HIRAC in problem questions.
- Begin summaries early and revise them with practice exams.
- Ensure all written work conforms to the AGLC style.