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Legal essay writing

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Writing a Legal Opinion - Essay Example

Writing a Legal Opinion

Extract of sample "Writing a Legal Opinion"

Legal Opinion: Tinker v Des Moines Independent Community School District In 1965 a group and parents in Des Moines met and decided that they wanted to do something in protest against the Vietnam War. It was decided that students should wear black armbands signalling their protest at school. Learning of this decision, school officials responded by implementing a ban on the wearing of black armbands. Students wearing the armband would be asked to remove them and should they refuse to do so, they would be suspended.

Two Tinker siblings and another student (Petitioners) wore black armbands and upon being asked to remove them, refused and were subsequently suspended. The three students filed a complaint against the Des Moines Independent Community School District (Respondent) in a Federal court claiming violation of their First Amendment Right to Free expression. That suit failed and the petitioners eventually appealed to the US Supreme Court. The petitioners invoked the First Amendment to the US Constitution which essentially protects freedom of speech, freedom of religion, freedom of peaceful assembly and the right to “petition the Government for a redress of grievances” (US Constitution, First Amendment).

The main question in the Tinker Case was therefore whether or not the wearing of an armband constituted speech and if so, whether or not banning the wearing of armbands amounted to a violation of free expression/speech pursuant to the First Amendment of the US Constitution. The petitioners argued that wearing armbands was a protected First Amendment right in that it constituted expression of an opinion. The wearing of armbands in the manner conducted by the petitioners was essentially passive speech, caused no disturbance in the school’s learning and social environment and did not infringe upon the rights of others.

Thus the school’s disciplinary action was unreasonable and infringed the petitioners’ constitutionally protected right to freedom of expression pursuant to the First Amendment of the US Constitution. The respondent argued that there was a reasonable fear or apprehension that the wearing of armbands would cause disruption in the school’s learning and social environment. The respondent argued that the implementation of the ban against the wearing of the armbands was necessary to prevent disturbances at the school.

While this argument had been accepted by the lower courts, the US Supreme Court rejected this argument ruling that there was no evidence supporting the fear of disturbance and schools could not infringe student’s First Amendment rights on the basis of unsubstantiated fears or apprehensions of disturbances or disruptions in the school’s learning and social environment. The US Supreme Court’s ruling in the Tinker case is referred to as the Tinker standard (Lavarias, 2008). The ruling represents a balancing between two conflicting realities.

First, there is the idea that children of school age are just as capable as adults in terms of forming and expressing opinions on sensitive issues and thus should be accorded First Amendment rights to free expression. Secondly, there is also an appreciation of the fact that schools are places for learning and all efforts should be made to safeguard against the risk of hate speech and other modes of free expression that can disrupt the school environment. In this regard, the Tinker standard successfully balances the school’s interest in restricting free speech and the students’ interest in exercising free speech of expression (Starrett, 2009).

I agree with the Tinker ruling since the school children’s protest was decidedly passive and was not conducted in a way that would or did disrupt the school environment. If children come to school and express opinions in a way that would from the perspective of a reasonable observer likely cause a disturbance or does cause a disturbance, freedom of expression should therefore be restricted, but only in those specific circumstances. Bibliography Lavarias, J. “A Re-examination of the Tinker Standard: Freedom of Speech in Public Schools.

” Hastings Constitutional Law Quarterly, (Spring 2008) Vol. 35(3): 575-598. Starrett, B. “Tinker’s Facebook Profile: A New Test for Protesting Student Cyber Speech.” Virginia Journal of Law & Technology, (Fall 2009) Vol. 14(212): 213-254. Tinker v Des Moines Independent Community School District 393 US 503 (1969). US Constitution.

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Legal Essays Writing Assistance

Legal issues can be extremely vexing. Individuals have trouble understanding the most basic of legal rights and regulations; this only gets worse the more complicated these laws become. It’s hard to understand the subtleties and nuances of legal proceedings, and that’s why we need lawyers, accountants, and other professionals to help us along when we encounter legal issues. These individuals, however, all came from the same place: law school. As law students, they struggled to learn all the diverse, complex and intricate aspects of law. This is, understandably, no easy task, as current legal students are likely finding out. Many students can be dissuaded from law studies because of these difficulties – but then, where would that leave the rest of us?

Get Your Law Essay Done

To save the future from legal ignorance, WriteMyEssayz.com is helping along struggling legal students by offering legal essay writing services. Our legal essays are written by individuals that possess experience in the legal field, and know many of the concept, jargon and specificities that you do. Furthermore, they can turn around essays faster than a jury can reach a verdict! In a matter of days, even hours, or incredible writers can have amazing legal essays fully written, reviewed, revised, edited, proofread and straight back to you! You won’t have to wait in suspense for a legal essay that may never come – that’s an experience you’ll get from some other, lesser quality essay company. At WriteMyEssayz.com, we’re all about giving you the product you deserve.

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writing a legal essay


In Conclusion

How To Write A Law Essay

A law essay is one of the most common tasks in the lives of law students. However, the fact that you often need to write a law essay doesn’t make the assignment any easier. Plus, there are so many types of law essays you will have to master that it’s not uncommon for students to get confused.

What Is a Law Essay?

Even if it’s not your first time writing a law essay, the best way to approach this assignment is to learn the definition of a law essay first. So what is a legal essay and how is it different from all other academic assignments you have completed before?

A law essay is an academic paper that explores various sides of the law. The definition of a law essay may sound simple, but that’s exactly what makes the writing of law essays so challenging. The spectre of potential topics and subjects is just too broad to consider this assignment fast and easy.

Types of law essays

A legal essay is a very diverse assignment and your professor can mean different things when tasking you with this paper. Right now, there are three most common types of law essays:

Law Essay Outline

When learning how to write law essays, your next step is studying the required law essay structure. Here is where you will probably be relieved to know that law essays follow the typical essay structure that consists of the following chapters:


Body paragraphs.

When working on your law essay outline, you first need to draft your ideas and divide them between the corresponding parts of the outline. Whichever evidence from outside sources you are using also needs to be included in the necessary chapters of the outline.

Now let’s talk about writing each chapter of a law essay in detail.

Your introduction must captivate the readers, but it also has a specific purpose: to prepare the audience for what they are about to read. That is why your essay introduction not only needs to include a hook, but also provide the necessary context and define the thesis statement of the paper.

In the case of a law essay, it’s perfectly normal for the readers to get frustrated with the amount of information. For this reason, it’s also a good idea to create a brief roadmap in your introduction and indicate which points will be discussed in every upcoming chapter of the essay.

The body paragraphs are where most of the action in your law essay will take place, so you need to take this part of the writing process especially seriously. Each body paragraph should be dedicated to a separate idea and start with a topic sentence.

A topic sentence gives a clear definition to the body paragraph and helps you focus your thoughts and ideas. Then you need to use solid evidence from credible sources to support your ideas and convince the readers.

An essential aspect of law essay writing is the use of transitional words and phrases. They put your writing to another level and help readers navigate through your points better. Words and phrases like “In addition to”, “Similarly”, “Moreover”, “In reference to”, “Nevertheless”, and others should be used in your essay when needed.

The conclusion to your law essay should not contain any new information that hasn’t been mentioned in the previous parts of the paper. It should be directly linked to everything that has been said before and make it even more evident for the readers why you fully proved your point.

The conclusion of a law paper always works in a connection with the main idea of the essay. If you phrased the main idea in the form of the question, view the conclusion as one final answer to that question.

The most powerful conclusions also not only summarize the points of the law essay, but also promote additional thinking and research. You can use the last sentence of the conclusion to encourage your readers to explore the topic further.

Whether you specialize in municipal or international law, writing a well-structured essay may be daunting. This is because our criminal justice system evolved into a complex of convoluted procedures. When studying law school, you must figure out the intricacies of existing laws and find the best way to achieve criminal justice goals.

Main Tips for Writing an Essay on Law

Before starting to write, think about the peculiarities of your topic. The structure of your essay will also depend on the area you specialize in. For example, arguments stemming from precedents and analogy are widely used in the common law. However, you might need to take a different approach when writing on international law.

By following the handy tips listed below, you can win your professor over and demonstrate that you can handle any topic.

Start By Stating Your Goals

You must first outline a case or legal rules that you will examine. By making your thesis statement clear and concise, you can ensure that your main idea will be clear from the start.

At law school, it is crucial to show that you can stick to the point when developing your argument. A concise introduction with briefly listed goals will help you write a perfectly-structured essay.

Think Through Your Argument Carefully

In case you study international law, you may need to learn more about the legal principles used by other countries. Always consider the context to ensure that your argument remains sound.

If you specialize in common law, refer to legal precedents to support your claim. Essays on criminal justice require hooking your readers and providing substantial evidence.

Create a Well-Thought-Out Structure

You must create law essays demonstrating your knowledge of a topic and ability to build an argument. Then, after presenting your claim and adding supporting arguments, you need to consider the other side’s position.

To write a brilliant essay and win the highest praise, follow these steps:

Following this structure can convince your reader that you have a winning argument.

Convey Your Main Points Clearly

When writing on international law, avoid using specialized terms. Instead, concisely present your ideas and meet all the requirements. Pay attention to the word count and required font size to get high marks.

Please don’t get distracted from the main idea and search support articles to use them as sources. It’s advisable to add 1-3 references to lend authority to your key points. For example, when writing an assignment on case law, indicate the titles of the cases and additional information about them.

Additional Tips to Consider

For a law student, learning how to write a law essay is a never-ending process, as there are always ways to improve your writing skills. Here are 5 law essay writing tips that will help you become an even better essay writer:

Wrapping Up

Before submitting your assignment on international law or other related topics, check it is on point. Then, re-read it to ensure your argument is easy to follow. In addition, you may need to check the formatting and style to improve your chances of getting top marks.

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    However, the fact that you often need to write a law essay doesn't make the assignment any easier. Even if it's not your first time writing a law essay, the best way to approach this assignment is to learn the definition of a law essay first