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Law essay writing service ─ get quality help from PapersOwl

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How to Write a Law Assignment

Table of Contents

Mastering the Art of Writing Law Assignments

What types of law assignments exist, skills to succeed, how to write a law assignment stage-by-stage, pre-writing stage:, here is what your outline may look like:, let’s talk in detail about the exact process of law essay writing, how to avoid mistakes, additional sources.

Summary: Writing a law assignment involves a step-by-step process: introduction, body paragraphs, supporting evidence, counter-arguments, and conclusion. Proper citation, referencing, and proofreading are essential.

Legal studies were, are, and always will be an essential discipline for society and its development. Law students pursue a legal education to become lawyers, judges, advocates, or other legal professionals. They study various legal topics, including contracts, torts, criminal law, and constitutional law. Law students are typically required to complete various assignments as part of their coursework, including legal research papers, case briefs, law essay writing, and moot court arguments.

Law assignments are vital to legal education and are critical in helping students develop their skills. “The major law assignment styles aim to improve your analytical skills, your ability to apply legal principles and theory, and to write simply and concisely”. These tasks will for sure help in your future career. Therefore, it is important to understand how to write a law assignment properly.

This blog post provides tips and guidelines to help you confidently approach your law assignments and produce high-quality work that meets the standards of the legal profession. AssignmentBro is ready to help you understand how to write a clear and effective law assignment or can write your assignment for you.

There are a wide variety of law assignments. It all depends on the discipline and other details of your specific studies. Here are some examples:

• Case briefs involve analyzing and summarizing a specific legal case. Students are required to identify the key issues, relevant facts, applicable laws, the reasoning of the court, and the final decision.
• Research papers demand law students to delve deep into a specific legal topic or issue. They involve extensive research, analyzing relevant statutes and case law, and presenting arguments based on scholarly sources. Research papers often require a thesis statement, literature review, methodology, analysis, and conclusion.
• Essays in law focus on exploring and presenting arguments on a particular legal question or issue. Essays allow students to showcase their understanding of legal principles and ability to analyze and argue a position critically.
• Moot court briefs simulate the preparation of written arguments for a hypothetical appellate court case. Students must study the legal concerns, create compelling arguments, and reference pertinent legal sources to defend their position.
• Legal memoranda or legal analysis must contain a detailed analysis of the applicable laws and their application to the case. Memoranda are frequently used in legal studies, particularly for public law assignments.
• Case comments are when students are expected to summarize the key aspects of the case, discuss its implications, and provide their insights on the topic.

Sounds huge. No worries, though! AssignmentBro is right here to provide you with all the information you need to succeed in your law assignment writing and to provide you with law assignment writing help.

To work in law, you need different soft and hard skills to be a lawyer or an advocate. What about the specific skills for writing assignments? Let’s talk about them.

Writing and presenting excellent legal essays may require the following:

• Analytical Thinking: Law assignments require the ability to critically analyze legal issues, identify relevant facts, and apply legal principles to reach well-reasoned conclusions.
• Research Capabilities: Effective research capabilities involve using legal databases, understanding citation formats, and evaluating the credibility and authority of sources.
• Articulation of Arguments: Students should present their analysis and reasoning logically and coherently with excellent communication and presentation skills.
• Understanding of Legal Concepts: A solid understanding of legal concepts and principles is crucial for writing law assignments.
• Legal Writing Style: Adherence to a specific writing style that is concise, precise, and authoritative is vital. Proper citation of legal sources using recognized citation formats (such as Bluebook citation style, APA, or MLA) is also essential.
• Critical Analysis of legal arguments, evaluating strengths and weaknesses, and offering balanced assessments are often involved in law tasks.
• Attention to Detail: Careful attention to detail enhances the credibility and professionalism of the assignment.
• Time Management: The quality of the final submission is ensured by sticking to deadlines, leaving enough time for revisions and editing.

By honing these skills and applying them consistently, any student can improve their ability to write a law assignment more effectively.

The legal task must go through several critical stages to be well-structured and successful. Here is a step-by-step guide on how to write a law assignment:

• Carefully read and comprehend the assignment instructions provided by your lecturer or professor. Pay attention to the requirements, word limit, formatting guidelines, and specific questions or prompts.
• Choose your assignment subject. If you struggle with choosing the right one, glance at the law topics we created.
• Before starting the writing process, begin background research to become familiar with the subject and find pertinent legal statutes, cases, and theories. You can use this to develop a solid knowledge base to support your arguments.
• As you research, take notes! Record key points, relevant quotations, and references to legal authorities.
• Create a clear thesis statement or argument based on your initial research and grasp of the subject. It will be your writing’s direction. The thesis should present your main point or position on the discussed legal issue.

Create an outline to structure your thoughts and provide a roadmap for your assignment. 

An outline ensures a logical flow and allows you to arrange your thoughts. Include the main sections or headings you plan to cover, sub-points, and supporting evidence for each. Here are the elements that should be part of an outline:

• Hook or attention-grabbing statement to engage the reader.
• Background information on the topic to provide context.
• A thesis statement/main argument to clearly state your position/main points.
• Break down your main argument or topic into sub-points.
• Evidence, examples, or relevant legal authorities should support each main argument.
• Under each main argument or point, reference supporting evidence, such as legal precedents, case studies, or relevant legal theories.
• Include an analysis of the evidence, explaining how it supports your argument and strengthens your position.
• Address potential counterarguments or opposing viewpoints related to your main arguments.
• Refute counterarguments with solid reasoning, evidence, or alternative interpretations.
• Summarize the main arguments or points you have discussed throughout your assignment.
• Provide a sense of closure by reflecting on the significance of your findings.

Remember, the outline serves as a guide, and you can adapt it based on your assignment’s specific requirements and the topic’s complexity.

Let’s imagine that you write a criminal law assignment .

I. Introduction

• Definition and overview of criminal law.
• Purpose of the assignment.
• Thesis statement or main argument.

II. Elements of a Crime

• Actus reus: Discussing the physical act or conduct required for a crime.
• Mens rea: Explaining the mental state or intent necessary for criminal liability.
• Causation: Analyzing the causal link between the act and the harm caused.
• Concurrence: Discussing the requirement that the act and intent coincide.

III. Classification of Crimes

• Felonies: Explaining the characteristics and examples of felony offenses.
• Misdemeanours: Discussing the characteristics and examples of misdemeanor offenses.
• Infractions: Explaining the characteristics and examples of minor offenses.

IV. Criminal Defeses

• Justifications: Exploring defenses such as self-defense, necessity, and defense of others.
• Excuses: Discussing defenses like duress, insanity, and intoxication.
• Procedural Defenses: Analyzing defenses related to the rights of the accused, such as unlawful search and seizure, Miranda rights, etc.

V. Criminal Procedure

• Arrest and Search: Discussing the requirements and limitations for lawful arrest and search.
• Due Process: Exploring the constitutional rights of the accused, such as the right to counsel, the right to a fair trial, etc.
• Trial Process: Analyzing the steps involved in a criminal trial, including jury selection, opening statements, presentation of evidence, etc.
• Sentencing: Discussing the factors considered in determining an appropriate sentence for a convicted offender.

VI. Notable Criminal Law Cases

• Analyzing significant criminal law cases that have shaped legal principles or influenced the interpretation of criminal statutes.
• Discussing the impact of these cases on the development of criminal law jurisprudence.

VII. Contemporary Issues in Criminal Law

• Exploring current debates or challenges in criminal law, such as emerging technologies, cybercrimes, or criminal justice reform.
• Analyzing the potential implications and future developments in the field.

VIII. Conclusion

• Summarizing the main points and arguments presented.
• Assessing the effectiveness and significance of criminal law in maintaining social order and protecting individuals’ rights.

It’s important to follow the structure of the assignment:

• Begin with an attention-grabbing opening sentence or hook to engage the reader.
• Provide relevant background information to set the context of the topic.
• Clearly state the purpose of the assignment and what you aim to achieve.
• Conclude the introduction with a concise thesis statement that outlines your main argument or position.
• Ensure your thesis statement is concise, specific, and directly addresses the main focus of your assignment.
• Each body paragraph should focus on a single main point or argument that supports your thesis statement.
• Provide evidence, examples, or legal authorities to support your arguments.
• Break down complex legal concepts or theories into understandable terms.
• Support your arguments with well-reasoned analysis and relevant legal authorities.
• Cite relevant legal statutes, case law, regulations, or academic sources to support your claims.
• Ensure you accurately and appropriately cite your sources using the required citation style (e.g., Bluebook, APA, MLA).
• Anticipate potential counterarguments and address them directly and objectively.
• Summarize the main points or arguments discussed in your assignment.
• Avoid introducing new information in conclusion.
• Create a bibliography of your resources. It will help to avoid plagiarism. AssignmentBro supplies you with an incredible citation generator tool if you have trouble with quotations.
• Allocate sufficient time for proofreading and editing to eliminate spelling, grammar, and punctuation errors. This stage is crucial and should not be avoided!
• Review the overall structure, coherence, and clarity of your writing.
• Ensure consistency in formatting, citation style, and referencing.

We want to highlight that strategy changes depending on the provided requirements. For example, there is also such a thing as an ACT essay. For the ACT essay, you’ll need an introduction, two to three body paragraphs (at least one paragraph for each perspective), and a conclusion.

By following these guidelines, you can succeed in law school essay writing!

Receiving help with legal studies assignments is helpful for developing analytical skills, applying correct legal principles, and writing tasks concisely.

It is not a regular task to write a legal paper. Thus, it’s completely acceptable for some students to make mistakes. We are humans, and we learn through making mistakes. However, it is best to avoid mistakes most students experience to succeed in your assignment.

The next common errors are highlighted:

• Writing in the passive;
• Using ambiguous pronouns;
• Unnecessary wordiness;
• Over-using legalese;
• Neglecting to proofread.

Other mistakes include: making an essay too long or short, drafting a legal essay without arguments, submitting an essay without a bibliography , fluffing the conclusion, etc.

The only way to eliminate mistakes is a dedication to your work and continuous practice! For this reason, It’s crucial to learn how to write a law assignment properly.

Learning more is never too late. Below, we added a few extra resources to help you learn more about legal writing:

• Many Birds, One Stone, Michael R. Smith;
• Legal Writing, Linda H. Edwards;
• Legal Writing in a Nutshell, L.Bahrych and J.Merino;
• Law Assignment Techniques.
• Writing Law Essays, M.Salter and J.Mason.

We hope it will ease your way to success in your legal education. Write a law assignment easily with AssignmentBro!

Our team can aid you with any kind of legal writing. Whether it is a contract law assignment, international law research, or any other kind of legal assignment, we are here to lend you a hand!

Law assignments help develop analytical skills, apply legal principles, and write concisely. They involve various types of writing, including case briefs, research papers, essays, and memoranda.

The pre-writing stage is vital. Even selecting a topic has a significant impact on your paper. For instance, topics in business Law can be really broad, so you should choose wisely.

Avoid mistakes by studying how to write a law assignment. AssignmentBro is always there to help you with any law task!

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Law Assignment Help

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Legal education is an essential part of the academic journey for aspiring legal professionals. Law assignments form a crucial component of legal education, helping students develop the legal research and writing skills needed to excel in their future careers. However, law assignments can be challenging, requiring a thorough understanding of legal research and writing conventions. Many students struggle to complete their law assignments on time or fail to achieve the grades they desire.

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Choosing the right provider for your law assignment help needs is critical to achieving academic success. With so many options available, it can be challenging to know which provider to choose. However, iResearchNet stands out from the competition, offering expert law assignment help services that are second to none.

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• assignments basic law

Assignments: The Basic Law

The assignment of a right or obligation is a common contractual event under the law and the right to assign (or prohibition against assignments) is found in the majority of agreements, leases and business structural documents created in the United States.

As with many terms commonly used, people are familiar with the term but often are not aware or fully aware of what the terms entail. The concept of assignment of rights and obligations is one of those simple concepts with wide ranging ramifications in the contractual and business context and the law imposes severe restrictions on the validity and effect of assignment in many instances. Clear contractual provisions concerning assignments and rights should be in every document and structure created and this article will outline why such drafting is essential for the creation of appropriate and effective contracts and structures.

The reader should first read the article on Limited Liability Entities in the United States and Contracts since the information in those articles will be assumed in this article.

Basic Definitions and Concepts:

An assignment is the transfer of rights held by one party called the “assignor” to another party called the “assignee.” The legal nature of the assignment and the contractual terms of the agreement between the parties determines some additional rights and liabilities that accompany the assignment. The assignment of rights under a contract usually completely transfers the rights to the assignee to receive the benefits accruing under the contract. Ordinarily, the term assignment is limited to the transfer of rights that are intangible, like contractual rights and rights connected with property. Merchants Service Co. v. Small Claims Court , 35 Cal. 2d 109, 113-114 (Cal. 1950).

An assignment will generally be permitted under the law unless there is an express prohibition against assignment in the underlying contract or lease. Where assignments are permitted, the assignor need not consult the other party to the contract but may merely assign the rights at that time. However, an assignment cannot have any adverse effect on the duties of the other party to the contract, nor can it diminish the chance of the other party receiving complete performance. The assignor normally remains liable unless there is an agreement to the contrary by the other party to the contract.

The effect of a valid assignment is to remove privity between the assignor and the obligor and create privity between the obligor and the assignee. Privity is usually defined as a direct and immediate contractual relationship. See Merchants case above.

Further, for the assignment to be effective in most jurisdictions, it must occur in the present. One does not normally assign a future right; the assignment vests immediate rights and obligations.

No specific language is required to create an assignment so long as the assignor makes clear his/her intent to assign identified contractual rights to the assignee. Since expensive litigation can erupt from ambiguous or vague language, obtaining the correct verbiage is vital. An agreement must manifest the intent to transfer rights and can either be oral or in writing and the rights assigned must be certain.

Note that an assignment of an interest is the transfer of some identifiable property, claim, or right from the assignor to the assignee. The assignment operates to transfer to the assignee all of the rights, title, or interest of the assignor in the thing assigned. A transfer of all rights, title, and interests conveys everything that the assignor owned in the thing assigned and the assignee stands in the shoes of the assignor. Knott v. McDonald’s Corp ., 985 F. Supp. 1222 (N.D. Cal. 1997)

The parties must intend to effectuate an assignment at the time of the transfer, although no particular language or procedure is necessary. As long ago as the case of National Reserve Co. v. Metropolitan Trust Co ., 17 Cal. 2d 827 (Cal. 1941), the court held that in determining what rights or interests pass under an assignment, the intention of the parties as manifested in the instrument is controlling.

The intent of the parties to an assignment is a question of fact to be derived not only from the instrument executed by the parties but also from the surrounding circumstances. When there is no writing to evidence the intention to transfer some identifiable property, claim, or right, it is necessary to scrutinize the surrounding circumstances and parties’ acts to ascertain their intentions. Strosberg v. Brauvin Realty Servs., 295 Ill. App. 3d 17 (Ill. App. Ct. 1st Dist. 1998)

The general rule applicable to assignments of choses in action is that an assignment, unless there is a contract to the contrary, carries with it all securities held by the assignor as collateral to the claim and all rights incidental thereto and vests in the assignee the equitable title to such collateral securities and incidental rights. An unqualified assignment of a contract or chose in action, however, with no indication of the intent of the parties, vests in the assignee the assigned contract or chose and all rights and remedies incidental thereto.

More examples: In Strosberg v. Brauvin Realty Servs ., 295 Ill. App. 3d 17 (Ill. App. Ct. 1st Dist. 1998), the court held that the assignee of a party to a subordination agreement is entitled to the benefits and is subject to the burdens of the agreement. In Florida E. C. R. Co. v. Eno , 99 Fla. 887 (Fla. 1930), the court held that the mere assignment of all sums due in and of itself creates no different or other liability of the owner to the assignee than that which existed from the owner to the assignor.

And note that even though an assignment vests in the assignee all rights, remedies, and contingent benefits which are incidental to the thing assigned, those which are personal to the assignor and for his sole benefit are not assigned. Rasp v. Hidden Valley Lake, Inc ., 519 N.E.2d 153, 158 (Ind. Ct. App. 1988). Thus, if the underlying agreement provides that a service can only be provided to X, X cannot assign that right to Y.

Novation Compared to Assignment:

Although the difference between a novation and an assignment may appear narrow, it is an essential one. “Novation is a act whereby one party transfers all its obligations and benefits under a contract to a third party.” In a novation, a third party successfully substitutes the original party as a party to the contract. “When a contract is novated, the other contracting party must be left in the same position he was in prior to the novation being made.”

A sublease is the transfer when a tenant retains some right of reentry onto the leased premises. However, if the tenant transfers the entire leasehold estate, retaining no right of reentry or other reversionary interest, then the transfer is an assignment. The assignor is normally also removed from liability to the landlord only if the landlord consents or allowed that right in the lease. In a sublease, the original tenant is not released from the obligations of the original lease.

Equitable Assignments:

An equitable assignment is one in which one has a future interest and is not valid at law but valid in a court of equity. In National Bank of Republic v. United Sec. Life Ins. & Trust Co. , 17 App. D.C. 112 (D.C. Cir. 1900), the court held that to constitute an equitable assignment of a chose in action, the following has to occur generally: anything said written or done, in pursuance of an agreement and for valuable consideration, or in consideration of an antecedent debt, to place a chose in action or fund out of the control of the owner, and appropriate it to or in favor of another person, amounts to an equitable assignment. Thus, an agreement, between a debtor and a creditor, that the debt shall be paid out of a specific fund going to the debtor may operate as an equitable assignment.

In Egyptian Navigation Co. v. Baker Invs. Corp. , 2008 U.S. Dist. LEXIS 30804 (S.D.N.Y. Apr. 14, 2008), the court stated that an equitable assignment occurs under English law when an assignor, with an intent to transfer his/her right to a chose in action, informs the assignee about the right so transferred.

An executory agreement or a declaration of trust are also equitable assignments if unenforceable as assignments by a court of law but enforceable by a court of equity exercising sound discretion according to the circumstances of the case. Since California combines courts of equity and courts of law, the same court would hear arguments as to whether an equitable assignment had occurred. Quite often, such relief is granted to avoid fraud or unjust enrichment.

Note that obtaining an assignment through fraudulent means invalidates the assignment. Fraud destroys the validity of everything into which it enters. It vitiates the most solemn contracts, documents, and even judgments. Walker v. Rich , 79 Cal. App. 139 (Cal. App. 1926). If an assignment is made with the fraudulent intent to delay, hinder, and defraud creditors, then it is void as fraudulent in fact. See our article on Transfers to Defraud Creditors .

But note that the motives that prompted an assignor to make the transfer will be considered as immaterial and will constitute no defense to an action by the assignee, if an assignment is considered as valid in all other respects.

Enforceability of Assignments:

Whether a right under a contract is capable of being transferred is determined by the law of the place where the contract was entered into. The validity and effect of an assignment is determined by the law of the place of assignment. The validity of an assignment of a contractual right is governed by the law of the state with the most significant relationship to the assignment and the parties.

In some jurisdictions, the traditional conflict of laws rules governing assignments has been rejected and the law of the place having the most significant contacts with the assignment applies. In Downs v. American Mut. Liability Ins. Co ., 14 N.Y.2d 266 (N.Y. 1964), a wife and her husband separated and the wife obtained a judgment of separation from the husband in New York. The judgment required the husband to pay a certain yearly sum to the wife. The husband assigned 50 percent of his future salary, wages, and earnings to the wife. The agreement authorized the employer to make such payments to the wife.

After the husband moved from New York, the wife learned that he was employed by an employer in Massachusetts. She sent the proper notice and demanded payment under the agreement. The employer refused and the wife brought an action for enforcement. The court observed that Massachusetts did not prohibit assignment of the husband’s wages. Moreover, Massachusetts law was not controlling because New York had the most significant relationship with the assignment. Therefore, the court ruled in favor of the wife.

Therefore, the validity of an assignment is determined by looking to the law of the forum with the most significant relationship to the assignment itself. To determine the applicable law of assignments, the court must look to the law of the state which is most significantly related to the principal issue before it.

Assignment of Contractual Rights:

Generally, the law allows the assignment of a contractual right unless the substitution of rights would materially change the duty of the obligor, materially increase the burden or risk imposed on the obligor by the contract, materially impair the chance of obtaining return performance, or materially reduce the value of the performance to the obligor. Restat 2d of Contracts, § 317(2)(a). This presumes that the underlying agreement is silent on the right to assign.

If the contract specifically precludes assignment, the contractual right is not assignable. Whether a contract is assignable is a matter of contractual intent and one must look to the language used by the parties to discern that intent.

In the absence of an express provision to the contrary, the rights and duties under a bilateral executory contract that does not involve personal skill, trust, or confidence may be assigned without the consent of the other party. But note that an assignment is invalid if it would materially alter the other party’s duties and responsibilities. Once an assignment is effective, the assignee stands in the shoes of the assignor and assumes all of assignor’s rights. Hence, after a valid assignment, the assignor’s right to performance is extinguished, transferred to assignee, and the assignee possesses the same rights, benefits, and remedies assignor once possessed. Robert Lamb Hart Planners & Architects v. Evergreen, Ltd. , 787 F. Supp. 753 (S.D. Ohio 1992).

On the other hand, an assignee’s right against the obligor is subject to “all of the limitations of the assignor’s right, all defenses thereto, and all set-offs and counterclaims which would have been available against the assignor had there been no assignment, provided that these defenses and set-offs are based on facts existing at the time of the assignment.” See Robert Lamb , case, above.

The power of the contract to restrict assignment is broad. Usually, contractual provisions that restrict assignment of the contract without the consent of the obligor are valid and enforceable, even when there is statutory authorization for the assignment. The restriction of the power to assign is often ineffective unless the restriction is expressly and precisely stated. Anti-assignment clauses are effective only if they contain clear, unambiguous language of prohibition. Anti-assignment clauses protect only the obligor and do not affect the transaction between the assignee and assignor.

Usually, a prohibition against the assignment of a contract does not prevent an assignment of the right to receive payments due, unless circumstances indicate the contrary. Moreover, the contracting parties cannot, by a mere non-assignment provision, prevent the effectual alienation of the right to money which becomes due under the contract.

A contract provision prohibiting or restricting an assignment may be waived, or a party may so act as to be estopped from objecting to the assignment, such as by effectively ratifying the assignment. The power to void an assignment made in violation of an anti-assignment clause may be waived either before or after the assignment. See our article on Contracts.

Noncompete Clauses and Assignments:

Of critical import to most buyers of businesses is the ability to ensure that key employees of the business being purchased cannot start a competing company. Some states strictly limit such clauses, some do allow them. California does restrict noncompete clauses, only allowing them under certain circumstances. A common question in those states that do allow them is whether such rights can be assigned to a new party, such as the buyer of the buyer.

A covenant not to compete, also called a non-competitive clause, is a formal agreement prohibiting one party from performing similar work or business within a designated area for a specified amount of time. This type of clause is generally included in contracts between employer and employee and contracts between buyer and seller of a business.

Many workers sign a covenant not to compete as part of the paperwork required for employment. It may be a separate document similar to a non-disclosure agreement, or buried within a number of other clauses in a contract. A covenant not to compete is generally legal and enforceable, although there are some exceptions and restrictions.

Whenever a company recruits skilled employees, it invests a significant amount of time and training. For example, it often takes years before a research chemist or a design engineer develops a workable knowledge of a company’s product line, including trade secrets and highly sensitive information. Once an employee gains this knowledge and experience, however, all sorts of things can happen. The employee could work for the company until retirement, accept a better offer from a competing company or start up his or her own business.

A covenant not to compete may cover a number of potential issues between employers and former employees. Many companies spend years developing a local base of customers or clients. It is important that this customer base not fall into the hands of local competitors. When an employee signs a covenant not to compete, he or she usually agrees not to use insider knowledge of the company’s customer base to disadvantage the company. The covenant not to compete often defines a broad geographical area considered off-limits to former employees, possibly tens or hundreds of miles.

Another area of concern covered by a covenant not to compete is a potential ‘brain drain’. Some high-level former employees may seek to recruit others from the same company to create new competition. Retention of employees, especially those with unique skills or proprietary knowledge, is vital for most companies, so a covenant not to compete may spell out definite restrictions on the hiring or recruiting of employees.

A covenant not to compete may also define a specific amount of time before a former employee can seek employment in a similar field. Many companies offer a substantial severance package to make sure former employees are financially solvent until the terms of the covenant not to compete have been met.

Because the use of a covenant not to compete can be controversial, a handful of states, including California, have largely banned this type of contractual language. The legal enforcement of these agreements falls on individual states, and many have sided with the employee during arbitration or litigation. A covenant not to compete must be reasonable and specific, with defined time periods and coverage areas. If the agreement gives the company too much power over former employees or is ambiguous, state courts may declare it to be overbroad and therefore unenforceable. In such case, the employee would be free to pursue any employment opportunity, including working for a direct competitor or starting up a new company of his or her own.

It has been held that an employee’s covenant not to compete is assignable where one business is transferred to another, that a merger does not constitute an assignment of a covenant not to compete, and that a covenant not to compete is enforceable by a successor to the employer where the assignment does not create an added burden of employment or other disadvantage to the employee. However, in some states such as Hawaii, it has also been held that a covenant not to compete is not assignable and under various statutes for various reasons that such covenants are not enforceable against an employee by a successor to the employer. Hawaii v. Gannett Pac. Corp. , 99 F. Supp. 2d 1241 (D. Haw. 1999)

It is vital to obtain the relevant law of the applicable state before drafting or attempting to enforce assignment rights in this particular area.

Conclusion:

In the current business world of fast changing structures, agreements, employees and projects, the ability to assign rights and obligations is essential to allow flexibility and adjustment to new situations. Conversely, the ability to hold a contracting party into the deal may be essential for the future of a party. Thus, the law of assignments and the restriction on same is a critical aspect of every agreement and every structure. This basic provision is often glanced at by the contracting parties, or scribbled into the deal at the last minute but can easily become the most vital part of the transaction.

As an example, one client of ours came into the office outraged that his co venturer on a sizable exporting agreement, who had excellent connections in Brazil, had elected to pursue another venture instead and assigned the agreement to a party unknown to our client and without the business contacts our client considered vital. When we examined the handwritten agreement our client had drafted in a restaurant in Sao Paolo, we discovered there was no restriction on assignment whatsoever…our client had not even considered that right when drafting the agreement after a full day of work.

One choses who one does business with carefully…to ensure that one’s choice remains the party on the other side of the contract, one must master the ability to negotiate proper assignment provisions.

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10 Strategies For Writing Law Assignments Like A Pro

Are you a law student who’s struggling with writing law assignments? You’ve got a tough assignment coming up. You’re nervous, and you’re not sure how to write it.

Well, you’re not alone, most law students often struggle with law assignments and prefer to seek law assignment help . This is because law school assignments are quite different from other types of written work. They require in-depth research and a good understanding of the subject. Plus, you also need to present your ideas clearly and concisely in a way that made sense to the audience.

But don’t worry! We’ve got some great tips to help you write like a pro, no matter what type of law assignment you’re dealing with. Whether you’re learning about the law of torts, contract law, or property law, these strategies will help you tackle any type of legal assignment.

And best of all? They won’t take much time out of your busy schedule. So let’s start exploring proven strategies to write an outstanding law assignment!

How To Write Law Assignments Like A Pro?

Whether you’re a student or a lawyer, here are 10 strategies to help you write like a pro:

1.   Read, Take Notes, And Then Read Some More.

The first step in writing a law assignment is to read the question carefully. In order to write an effective answer, you need to understand the question first. Read it over and over again, looking at each word and phrase for meaning.

Look at the assignment instructions as well—are there any specific formatting requirements? What kind of format do you need to follow?

Read relevant case law, legislation, or other sources of information that might help make your argument stronger. It’s important to know where in these documents you can find what you need. So when it comes time for writing your own version of an argument, everything fits together nicely!

Take notes as you go along—this will help keep track of all those details about what was said where (and when). Then review those notes before moving on. Make sure they are clear enough so you can understand them without too much trouble too!

1.   Break It Down Into Steps And Set Yourself Deadlines.

In law school, assignments are often long and complicated. This makes it easy for us to get overwhelmed by the amount of work we have on our plates. To help stay organized and focused, break down your assignment into manageable steps and set yourself deadlines for each step.

Also, Be consistent with your writing style and tone. You don’t want your reader confused by whether they’re reading someone who’s trying really hard or someone who doesn’t care about their work or their audience at all.

2.   Use Different Sources And Be Critical Of Them.

If you’re writing a law assignment, it’s important to use multiple sources. This helps give you a balanced view of the material and makes sure that you get all sides of an argument. While this can sometimes feel like too much work, it will pay off in the long run by giving your reader access to an accurate representation of what happened in court cases or legislative debates.

You should also be critical when evaluating these sources: check their dates of publication. Make sure they were written by experts on their topic. Ensure they are unbiased (not taking sides). Determine if they’re credible (whether or not they have credibility within their field).

3.   Plan Your Essay Before You Start Writing.

When you’re writing an essay, it can be tempting to dive right in and start writing. But this is a mistake because it leads to writer’s block and procrastination. Instead, plan your professional law essay help before you start writing!

Planning helps you stay on track by giving your brain something familiar to focus on during the process of creating new sentences and paragraphs (instead of being stuck on one word). Planning also helps prevent writer’s block from happening. Once you have an outline for your paper or assignment, there are no more excuses for not being able to write anything else—you’re just doing what needs doing!

4.   Make A Schedule And Stick To It

Making a schedule and sticking to it is one of the most important things you can do when writing law assignments.

• Make sure that you set aside time each day for writing. It’s easy to get distracted by other things, so make sure your schedule includes breaks in between writing sessions!
• Don’t try to do too much at once—it’s more productive if you take breaks and spread out your workload over several hours or days instead of trying to complete everything all in one go (or even worse, procrastinating and ending up doing nothing).
• One of the best ways to stay organized is by using a planner or calendar. This will help you plan out your assignments so that you don’t get overwhelmed by all the work that needs to be done.
• It’s also important to make sure that your schedule takes into account any other commitments or responsibilities in your life—such as part-time jobs, etc.

5.   Take A Break And Come Back To It With Fresh Eyes.

You don’t have to keep writing until you finish the assignment. It’s fine if you take a break every few pages or so and come back with fresh eyes. There are many ways that taking breaks can help improve your writing.

First, it gives you time to think about what you’re doing and how it makes sense. Second, taking breaks allows writers to process information better than if they were just sitting behind their computers all day long trying desperately not to fall asleep.

When you’re writing, it’s easy to get distracted by social media or TV shows, but don’t make the mistake of thinking that these things will help you write better. Instead, use them as rewards after your work is done!

6.   Don’t Forget About The References!

References and citations are essential for your assignment. Make sure to format your references correctly and cite them correctly, too. Be sure to include citations in the body of the text, and use them correctly. For example, if you cite a case, put the citation in parentheses after the quote. If you cite an article, put it in square brackets after the quote.

The best way to avoid plagiarism is by following the proper citation method of author, title, page number(s), year published, and name of publisher or journal (if possible). For example: “Chapman & Hall Law Review article by Bhatia v. State of Texas (2016)”

The key is to ensure that when your reader looks at your paper they know where to find what you’re talking about. If ever you have any doubts about what a source says in its reference section then check it with another source first before quoting it directly.

7.   Proofread And Proofread Again.

Proofreading is the most important step in writing law assignments as a professional. It is a key part of writing and should be done before you submit your work for review

Make sure you have a good grasp of the material before proofreading and make sure to use a dictionary and grammar checker. If you’re not careful, your work could be riddled with errors that make it hard for the reader to understand what you have written.

You can ask a friend or family member to read your paper before your professor grade it. You can also pay someone else to do this work for you or maybe even hire an expert proofreader at an hourly rate!

8.   Know When To Ask For Help

If you’re struggling with an assignment, don’t hesitate to ask for help. It’s perfectly fine to reach out and ask your professor or classmates for assistance in completing the assignment. If there are no other options available, though, don’t hesitate to reach out to senior students who might have more experience than you do with this type of writing assignment.

Finally, think about taking advantage of resources outside of class. Library staff members will often feel happy simply by hearing from their peers that they need some extra help!

9.   Make Sure You Don’t Forget Your Priorities

It’s important to remember that you can’t always be writing . You also have to eat, sleep, and exercise—you need your body to be healthy so that it can do its job.

You should also make sure you’re not neglecting other important things like going out with friends or having fun!

If you find yourself struggling with writer’s block, don’t feel like it’s a sign of failure. It can happen to anyone, even professional writers. The most important thing is to remember that you’re not alone—and there are plenty of ways you can overcome it!

If possible, go back and check your research sources again before starting on your paper—you might find something new!

10. Turn Your Law Assignments From Nightmares Into Manageable Tasks.

The k step to turning your law assignments into manageable tasks is staying on top of things. You can do this by setting deadlines, sticking to them, and keeping everything organized—like your research material. As long as you keep focused and stay on top of things, you can turn your law assignments from nightmares into manageable tasks.

Here are some tips for managing your time effectively:

• Keep track of when you’re going to write each assignment. This will also help prevent procrastination from creeping up on you!
• If possible, try scheduling breaks during working periods instead of staring at a computer screen all day long. This will help keep your mind fresh and you can give proper attention to your task.

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Legal Writing Basics

Read on for ideas about how to approach your Legal Research and Writing class , some must-know legal writing basics , and more advanced content on using different legal research options and on the specifics of constructing legal arguments .

Best of luck!

• First-Hand Guide to 1L Courses -- Legal Research & Writing It's a good idea to go into your first year courses with a general understanding of what you should expect from them. Click here to learn a bit about Legal Research and Writing!
• How to Outline a Complex Legal Research Memo Here are some steps to take in outlining a memo.
• Five Things Professional Readers Expect from Legal Writers This post identifies 5 qualities considered by busy PR’s when holistically assessing or grading the quality of a written legal instrument.
• Three Cs of Legal Writing...And One T The Three Cs of all good writing are clarity, concision, and coherence. And for legal writing, especially for law school writing , you have only to add one T to that list: Technical writing.
• Six Legal Writing Tips to Help You Stand Out This Summer Here are six legal writing tips to help you prepare and truly stand out in an unusual summer experience.
• Five Secrets of Effective Legal Writing Legal writing can inform, persuade, argue, intimidate, notify, and serve all kinds of other functions. Fortunately, the mechanics of legal writing are mostly the same regardless of what kind of document you are producing. Here are a few tips to help all of your legal writing stand out.
• The Art of Rule Synthesis Now you’re in law school and there are a whole bunch of rules you have to memorize that may have nothing to do with how you live your life. But you have to know these rules cold so they can come to you at the right moment during a law school exam. But wait, now you’re told there is a whole new category of rules. These are rules you have to create yourself in your legal writing class. This requires something called “synthesis.” So, what exactly does that mean?
• 5 Tips for Citing Web-Based Sources in Legal Writing Did you know that the Bluebook has a way to cite social media? With web-based resources growing in popularity and respectability, it's important to know how (and when!) to cite to these sources.
• Ahead of the Curve: From Undergrad to Law School -- Making the Transition, Part Two One of the most challenging parts of moving from an "undergrad" to a "law school" mindset is adapting your writing style. Here are some things to consider as you start your 1L year.
• Should Your Law School Essay Be Wearing Sweatpants or a Suit? Students sometimes tell us that their professor said typos don’t matter on an exam. Is that an excuse to ignore the most basic rules of grammar and spelling, and write like a slob? Definitely not!
• The Art of the Case Name (and 8 You Should Know) When you start law school, you may be surprised how often case names are used not only as shorthand for their holdings, but also as terms of art that represent fundamental legal concepts. Read this post if you want to get a jump start on learning some of the most important ones.
• 7 Tips to Improve Your Legal Writing Let's face it. Legal writing is as hard as it is important. Here are some simple tips that will help you strengthen your written work product and impress your professors.
• Is Your Open Memo Research Finished? You’ve been researching your open memo, experiencing frustration, relief, and maybe even exhilaration along the way. But now you’re feeling fatigue and an unsettling sense that you’re not sure whether you’re done. What to do?
• How to Get Answers From the Bluebook Need some help navigating the Bluebook. Get tips here.
• The Elusive Mini-IRAC: A Key to Law School Exam Success IRAC, the notorious structural underpinning of many a law school final exam is a relatively straightforward concept. But how do you handle an exam or practice essay when it isn’t that simple? The Mini-IRAC is the key.
• Why Legal Citations Are Important and Should Not Be Ignored In this post we share with you why citations are important and how you should approach your assignment to make sure that citations don’t get ignored (as this often leads to easy missed points come grading time).
• Five Tips for a Great Legal Writing Assignment Many first-year students are struggling with their legal writing assignments. As you continue to work on developing your legal writing skills, here are some tips to keep in mind.
• Podcast Episode 11: Legal Writing 101 What is it about the term Legal Writing that makes law students cringe? In this episode we talk about what makes legal writing so difficult, and how you can improve your writing skills, and more!
• Podcast Episode 68: Top 10 Legal Research and Writing Disasters to Avoid Almost every 1L in the country will take some sort of legal research and writing class. Today, we’re discussing the top ten LRW disasters we see again and again, so you can avoid them!
• Podcast Episode 156: Our Top 10 Academic Podcast Episodes Today, we’re doing a recap of our top 10 academic episodes, plus a few bonus ones. These aren’t necessarily the most popular episodes, but the ones we think are the most useful!

How to Approach Your Legal Research and Writing Class

• Could You Explain This Legal Concept to a 5-Year-Old? The next time you encounter a super-confusing legal topic, ask yourself one question: could I explain this concept to a reasonably intelligent 5-year-old? If the answer’s no, it’s time to simplify! Here's how.
• Legal Writing Tip: Imagine You’re Talking to Your Grandma The first few times you try to write a legal memo, it’s going to be a little awkward. Don’t worry, that’s normal. While you may be trying to sound like a super smart lawyer, here’s another idea: imagine the client is your grandmother.
• Be Ready to Throw Your Writing Style Out the Window in Law School It doesn't matter if you think you're a great writer going into law school. Legal writing has its own style. What matters is that you learn how to do it the right way (or at least the way the professor wants it)!
• Embrace the Difference of Legal Writing One of the biggest transitions you'll make as a 1L is writing like a lawyer. Here's why legal writing is different from what you've done before.
• Law School Toolbox Experts Share: Tips for Conquering Legal Writing Are you stressed out about taking Legal Writing? We have all been there! The Law School Toolbox experts share their tips for conquering Legal Writing.
• The Link Between Legal Writing and Final Exams What's the difference between legal writing for your LRW class and writing on your final exams? Find out more about the what's the same, and what's different.
• Four Legal Writing Tips from the Theatre Legal writers can learn a lot from writing for the theatre. Don’t believe me? Watch a good litigator in court.
• Approaching Your Legal Writing Assignment Like a Jazz Solo Jazz standards and legal writing are really quite similar. They’re both vehicles for expression that channel creativity into a few common forms.
• Keep the Train on the Tracks: Independent Writing and Research in Law School There are lots of reasons independent research and writing can be great for a law student, but it's important to make sure you're staying focused and on schedule. We're offering some ideas for doing your best with independent work.

Legal Research Resources and How to Use Them

• What Can Your Law Library Offer You? If you detest studying in the library at your law school, don’t do it ! It’s not required to do well on your exams. That said, though, did you know that law libraries often house some fantastic resources that many law students never take advantage of? If you’re just starting out exploring your law library, or want to get more out of navigating the library you know and love, here are some resources to check out.
• Dos and Don'ts for Using Sample Documents in Legal Writing What you should and shouldn't do when you are using sample documents in legal writing.
• A Law Student's Perspective: LexisNexis Tips LexisNexis is one of the three major legal databases (others:  Westlaw  and  Bloomberg ) which you will become familiar with throughout your legal career. Each person has their own preference on what database they will use. Do not feel obligated to choose one that someone else suggests. Nevertheless, these are the cool things Lexis has to offer which may be useful!
• "Good Law" vs "Bad Law" Explained There are plenty of landmines in law school legal writing, but whether you are citing “good law” is a fundamental step of legal analysis that will be crucial to your success in law school and beyond. This post won’t cover every possible scenario, but hopefully it will provide a strategy for thinking through your good law/bad law analysis and make that Shepard’s report just a little less daunting.
• 15 Latin Legal Terms Every 1L Should Know Along with mastering complicated legal concepts, enduring the Socratic method, learning to outline, and tackling legal writing, law school forces you to learn an entirely new vocabulary. Learning the language of the law is a real hurdle that cannot be overlooked just because it is not covered on the syllabus. This post will give you 15 Latin legal terms frequently encountered, but rarely translated or discussed. Without further ado –
• Law Librarians Explained: Everything a 1L Should Know Many 1Ls think of the law library as simply a place to study. If that's you, you're overlooking one of the most important resources in law school: the law librarian. Read on to learn more!
• Dealing with Dicta: 10 Questions Asked and Answered Whether researching case law or reading an assigned case, understanding and identifying dicta in a judicial opinion is a must. You probably know that you can’t rely on dicta as binding precedent in a future case, but what is it and how can you be sure to recognize it? If the concept of dicta seems complicated, it is. Here are ten frequently asked questions and answers to help you to successfully deal with dicta.
• Bluebook Oddities: 10 Unlikely Citations Love it or hate it, The Bluebook is an unavoidable fixture of the law school experience. No matter how fluent you become in The Bluebook, it seems to always be full of surprises. Here is a list of some of our favorite citations you never knew you could find in the deep recesses of your Bluebook.
• Your First Guide to Secondary Sources Researching and legal writing are two central tasks that attorneys perform frequently. There are three major legal databases: LexisNexis ,  Westlaw, and Bloomberg. This guide will focus on a great first step to research: secondary sources.

Different Approaches to Constructing Legal Arguments

• How and Why: Deepening Your Legal Reasoning Melissa L. Greipp, Associate Professor of Legal Writing at Marquette Law School, talks about how to deepen your legal reasoning by using two simple words: how and why.
• If X, Y, and Z, then A: Legal Analysis is Simple Professor Joel Trachtman who teaches International Law at The Fletcher School of Law and Diplomacy, shares some tips on conquering legal analysis.
• How to Construct a Policy Argument Policy arguments make many law students uncomfortable. You may panic when you’re expected to argue policy in an exam answer or legal writing assignment. Why is this, and how can you overcome it?
• A Formula for Rule Analysis Success Law school gives you formulas like IRAC to help you through the process of learning legal analysis and writing. In a recent post, we shared with you a formula for the “R” section of IRAC that was developed by Professor Hollee S. Temple of the West Virginia College of Law. Now, let’s take a look at Professor Temple’s formula for the “A” section of IRAC.
• From Objective to Persuasive Writing, Part 1: Law The classic LRW curriculum introduces objective (or predictive) writing, in the form of an office memorandum, in the fall, then switches to persuasive writing, typically an appellate brief (less often, a trial brief) in the spring. Many students struggle with this transition, feeling as if they’ve barely mastered one approach before being asked to change gears.
• From Objective to Persuasive Writing, Part 2: Facts We’ve recently discussed the shift from objective to persuasive writing, focusing on drafting persuasive legal arguments. Your approach to the facts will change from objective to persuasive as well.
• Podcast Episode 84: Using Rules Effectively in Legal Writing (With Guest Jason Jones) Today, we’re talking with Law School Toolbox tutor (and former law professor) Jason Jones about a very important aspect of law school exam success – using legal rules.

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How to Write a First-Class Law Essay

Studying law at university entails lots of essay writing. This article takes you through the key steps to writing a top law essay.

Writing a law essay can be a challenging task. As a law student, you’ll be expected to analyse complex legal issues and apply legal principles to real-world scenarios. At the same time, you’ll need to be able to communicate your ideas clearly and persuasively. In this article, we’ll cover some top tips to guide you through the process of planning, researching, structuring and writing a first-class law essay with confidence. 

1. Start In Advance

Give yourself plenty of time to plan, research and write your law essay. Always aim to start your law essay as soon as you have the question. Leaving it until the last minute does not only create unnecessary stress, but it also leaves you insufficient time to write, reference and perfect your work.

2. Understand The Question

Do not begin until you fully comprehend the question. Take the time to read the question carefully and make sure that you understand what it’s asking you to do. Highlight key terms and annotate the question with definitions of key concepts and any questions that you have have. Think about how the question links back to what you’ve learned during your lectures or through your readings.

3. Conduct Thorough Research

Conducting thorough research around your topic is one of the most fundamental parts of the essay writing process. You should aim to use a range of relevant sources, such as cases, academic articles, books and any other legal materials. Ensure that the information you collect is taken from relevant, reliable and up to date sources. Use primary over secondary material as much as possible.

Avoid using outdated laws and obscure blog posts as sources of information. Always aim to choose authoritative sources from experts within the field, such as academics, politicians, lawyers and judges. Using high-quality and authoritative sources and demonstrating profound and critical insight into your topic are what will earn you top marks.

4. Write A Detailed Plan

Once you’ve done your research, it’s time to plan your essay. When writing your plan, you’ll need to create an outline that clearly identifies the main points that you wish to make throughout your article. Try to write down what you wish to achieve in each paragraph, what concepts you want to discuss and arguments you want to make.

Your outline should be organised in a clear, coherent and logical manner to ensure that the person grading your essay can follow your line of thought and arguments easily.  You may also wish to include headings and subheadings to structure your essay effectively This makes it easier when it comes to writing the essay as starting without a plan can get messy. The essay must answer the question and nothing but the question so ensure all of your points relate to it.

Start Writing Like A Lawyer

Read our legal writing tips now

5. Write A Compelling Introduction

A great introduction should, firstly, outline the research topic.  The introduction is one of the most crucial parts of the law essay as it sets the tone for the rest of the paper. It should capture the readers attention and provide the background context on the topic. Most importantly, it should state the thesis of your essay.

When writing your introduction, avoid simply repeating the given question. Secondly, create a road map for the reader, letting them know how the essay will approach the question. Your introduction must be concise. The main body of the essay is where you will go into detail.

6. Include A Strong Thesis Statement

Your thesis should clearly set out the argument you are going to be making throughout your essay and should normally go in the introduction. Your thesis should adopt a clear stance rather than being overly general or wishy-washy. To obtain the best grades, you’ll need to show a unique perspective based upon a critical analysis of the topic rather than adopting the most obvious point of view.

Once you’ve conducted your research and had a chance to reflect on your topic, ask yourself whether you can prove your argument within the given word count or whether you would need to adopt a more modest position for your paper. Always have a clear idea of what your thesis statement is before you begin writing the content of your essay. 

7. Present the Counter-argument

To demonstrate your deeper understanding of the topic, it’s important to show your ability to consider the counter-arguments and address them in a careful and reasoned manner. When presenting your counterarguments, aim to depict them in the best possible light, aiming to be fair and reasonable before moving on to your rebuttal. To ensure that your essay is convincing, you will need to have a strong rebuttal that explains why your argument is stronger and more persuasive. This will demonstrate your capacity for critical analysis, showing the reader that you have carefully considered differing perspectives before coming to a well-supported conclusion.

8. End With A Strong Conclusion

Your conclusion is your opportunity to summarise the key points made throughout your essay and to restate the thesis statement in a clear and concise manner.  Avoid simply repeating what has already been mentioned in the body of the essay. For top grades, you should use the conclusion as an opportunity to provide critical reflection and analysis on the topic. You may also wish to share any further insights or recommendations into alternative avenues to consider or implications for further research that could add value to the topic. 

9. Review The Content Of Your Essay

Make sure you factor in time to edit the content of your essay.  Once you’ve finished your first draft, come back to it the next day. Re-read your essay with a critical perspective. Do your arguments make sense? Do your paragraphs flow in a logical manner? You may also consider asking someone to read your paper and give you critical feedback. They may be able to add another perspective you haven’t considered or suggest another research paper that could add value to your essay. 

10. Proofread For Grammatical Mistakes

Once you’re happy with the content of your essay, the last step is to thoroughly proofread your essay for any grammatical errors. Ensure that you take time to ensure that there are no grammar, spelling or punctuation errors as these can be one of the easiest ways to lose marks. You can ask anyone to proofread your paper, as they would not necessarily need to have a legal background – just strong grammar and spelling skills! 

11. Check Submission Guidelines

Before submitting, ensure that your paper conforms with the style, referencing and presentation guidelines set out by your university. This includes the correct font, font size and line spacing as well as elements such as page numbers, table of content etc. Referencing is also incredibly important as you’ll need to make sure that you are following the correct referencing system chosen by your university. Check your university’s guidelines about what the word count is and whether you need to include your student identification number in your essay as well. Be thorough and don’t lose marks for minor reasons!

12. Use Legal Terms Accurately

Always make sure that you are using legal terms accurately throughout your essay. Check an authoritative resource if you are unsure of any definitions. While being sophisticated is great, legal jargon if not used correctly or appropriately can weaken your essay. Aim to be concise and to stick to the point. Don’t use ten words when only two will do.

12. Create a Vocabulary Bank

One recurring piece of advice from seasoned law students is to take note of phrases from books and articles, key definitions or concepts and even quotes from your professors. When it comes to writing your law essay, you will have a whole range of ideas and vocabulary that will help you to develop your understanding and thoughts on a given topic. This will make writing your law essay even easier!

13. Finally, Take Care of Yourself

Last but certainly not least, looking after your health can improve your attitude towards writing your law essay your coursework in general. Sleep, eat, drink and exercise appropriately. Take regular breaks and try not to stress. Do not forget to enjoy writing the essay!

Words by Karen Fulton

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Fiona McKenna

Associate Clinical Professor of Law

• Charney 234
• [email protected]
• (408) 554-4993

Professor McKenna teaches Professional Responsibility and Legal Analysis, Research, and Writing at Santa Clara Law. Prior to joining Santa Clara, Fiona taught Appellate Advocacy, Legal Writing and Research, and Professional Responsibility and directed the legal writing program at Golden Gate University School of Law.  

Fiona is an active member of the legal writing community, currently serving as co-chair of the Association of Legal Writing Directors (ALWD) Biennial Program Committee.  She previously served as co-chair of ALWD’s Leadership and Development Committee.  Fiona has presented at several legal writing conferences across the country and served on the Editorial Board of  The Second Draft.  

Prior to entering academia, Fiona practiced as a litigator, representing clients in business disputes and employment matters. Her pro bono work included representing foster parents in juvenile dependency proceedings.

As a first-generation college and law student, Fiona particularly enjoys supporting and mentoring first-generation students. 

Fiona graduated from American University, Washington College of Law, where she served as a Marshall Brennan Constitutional Law Fellow and Notes and Comments Editor for the International Law Review. She received her undergraduate degree from the University of California, Berkeley (Go Bears!).

• Writing Assignment to Help Prepare Students for the Realities of Practice , Western Regional Legal Writing Conference, University of California, Irvine, September 2018
• Presenter, Awakening the Force: The Development of Professional Identity Through Self-Assessment and Self-Reflection in the First-Year Classroom , Western Regional Legal Writing Conference, McGeorge School of Law, University of the Pacific, August 2016
• Presenter, Preparing Graduates for an Evolving Professional World: Integrating Employer Expectations into LWR, The Legal Writing Institute One-Day Workshop, California Western School of Law, December 2014
• Co-Presenter, Motivating with What Matters Most to Students: Integrating Employment and Legal Writing from Day One, Western Regional Legal Writing Conference, Stanford University Law School, September 2014

J.D., American University Washington College of Law, 2005

B.A., in Sociology, with high honors, University of California, Berkeley, 1999

Affiliations and Honors

Association of Legal Writing Directors (“ALWD”)

Co-Chair, Biennial Conference Program Committee, 2022-2023

Member, Leadership and Development Committee, 2019-present

Co-Chair, Leadership and Development Committee, 2020-2021

Chair, ALWD Leadership Academy for Innovative Program Design, 2019-2020

ALWD Outstanding Service Award recipient, 2020

Editorial Board, The Second Draft , 2017-2020

Other Links

Course Overview

First-Year Legal Research and Writing Program

1 North   Griswold Hall 1525 Massachusetts Avenue Cambridge ,  MA 02138

Before you begin your studies in the First-Year Legal Research and Writing Program (LRW), it will help you to situate the course in the broader context of your legal education and your future law practice. To follow is a brief overview of the program, and an introduction to several themes that will recur throughout the year.

Program Overview

LRW uses a series of writing, research, and advocacy projects to engage you in the process of legal reasoning. The course instructs you in basic methods of legal analysis, effective written and oral communication of your analysis, and essential legal research tools and methodologies.

The first semester of LRW focuses on the writing of two predictive memos, in which you assess the arguments on each side of the issue and predict which side would prevail.  In the spring, you will learn how to write an appellate brief, in which you present your client’s best arguments to a court. For all three assignments, you will produce both a draft and a final version, the better to respond to feedback and hone your writing and analysis.  In practice, as in LRW, the writing process will help you take your internal understanding of an issue and make it external, so that you may hold it at arm’s length and examine it critically. As novice lawyers become expert lawyers, they develop greater ability to monitor their own level of understanding, and may resort somewhat less frequently (although not infrequently) to a formal written product like a predictive memo. Nevertheless, even when they eschew a formal written memo, they continue to apply the same analytical steps that are required to complete the writing assignments you will undertake in this course.

Lawyers cannot provide effective representation unless they master the necessary research skills. At a minimum, lawyers must be able to find and update the constitutional provisions, statutes, regulations, and cases that determine their clients’ rights and obligations. To that end, the legal research component of LRW will introduce you to core tools and methodologies that will be essential in your internships next summer, as well as in your future law practice. Indeed, without such skills you will have a difficult time satisfying your employers and competing with fellow students in summer practice and the early years of law practice. More advanced research instruction is available in upper-level elective courses.

LRW’s learning model depends on the substantial feedback that we provide on your work. LRW will likely be the first law school course in which you receive any feedback on written work, and it will be the course in which you receive the most individual feedback by far. Keep in mind that our goals for your achievement are quite high, in keeping with your potential. Our feedback will naturally focus on areas for improvement, so you ought not interpret this emphasis negatively. Our feedback is intended not to discourage you, but to facilitate your learning.

LRW meets weekly in the fall and spring semester of your first year. LRW is graded Honors, Pass, Low Pass, and  Fail.

In the fall semester, you will complete two major writing assignments. The first is a  “Closed Memo,” in which you write a predictive memo based on a set of research materials that are provided for you. The second is an “Open Memo,” in which you must research the applicable law and write a predictive memo based on your own research.

In the spring semester, the major course assignment is the First-Year Ames Moot Court Program. Working in pairs, you will research and draft an appellate brief concerning a simulated case set in a federal or state appeals court. At the end of the semester, you will argue your case before a three-judge panel. Judges are drawn from Harvard Law School faculty, practicing lawyers, and upper-level law students. With this course overview in mind, we turn next to a discussion of several recurring themes in LRW.

The Conventions of Legal Discourse

Any discourse community has its own discourse conventions, and lawyers have done a particularly thorough job of developing theirs. LRW is intended to familiarize you with these discourse conventions.

LRW introduces you to the generally accepted modes of legal reasoning: rule-based reasoning; analogical reasoning; and policy reasoning. As you progress through the course assignments, you will see the interdependence among these three modes of legal reasoning. When LRW turns to advocacy, you will learn how lawyers use narrative devices to complement the conventional modes of legal reasoning and make their arguments more persuasive.

Discourse conventions govern not only the modes of argument, but also the authorities that frame the argument. You will learn what types of materials constitute acceptable sources of authority in legal discourse, as well as the different hierarchies within which those authorities exist.

Most concretely, LRW will introduce you to two basic forms through which lawyers communicate their legal reasoning. You will learn the conventions applicable to a predictive memo and an appellate oral argument.

Of course, you will be learning the conventions of legal discourse in all of your first-year courses, indeed in all of law school. LRW, however, is intended to focus very specifically on the conventions themselves, more so than in your other courses.

Legal Reasoning and Judicial Discretion

Throughout your legal education, you will encounter a debate over the role of judicial discretion in adjudication. At the extremes, some would suggest that adjudication is rationally constrained by the available legal authorities, while others would argue that adjudication is effectively constrained only by the judge’s own beliefs and values. LRW is not intended to resolve that debate. Nevertheless, your work in this course should illustrate several different concepts about the degrees to which legal authorities can constrain judicial discretion.

Over the course of the year’s projects, you should see that a series of authorities applying the same rule can restrict–at least to some degree–the decision in a future situation governed by that rule. For example, if a statute says “No vehicles in the park,” and the state’s highest court interprets the statute to mean no “motor vehicles,” you can be pretty sure that the statute won’t prohibit you from riding your elephant through the park.

One might think that the ever-increasing number of decisions necessarily increases the degree of constraint. That may be so in some situations, but several factors can have a destabilizing influence. One such factor is the contingent nature of language. You may have seen in other contexts, and you will surely see in your legal career, that saying more about a topic often creates more uncertainty, not less. Each new opinion creates the potential for misstatement and misunderstanding, enabling future lawyers to reinterpret the pre-existing rule. A second destabilizing factor is the social context of our legal system. Authorities rest on a foundation of policy, of societal goals and values, even if those values are not always stated explicitly. As societal goals and values shift, a body of law resting on the discarded goals and values may become obsolete, and eventually reoriented in support of a new rule.

Finally, you should recognize that the limits on judicial discretion are often less substantial than they might seem at first. Each of the major projects in LRW should demonstrate that, with regard to a given legal problem, there is usually more than one possible outcome, even if one outcome seems more likely than the others. Skilled lawyers read authorities with a critical eye, constantly on the lookout for the gap of ambiguity within a seemingly solid wall of legal authorities.

Tension Between the Abstract and the Concrete

To complete any substantial task of legal analysis, the lawyer must at some point bridge the boundary between the abstract and the concrete. Rules rarely, if ever, cover every situation imaginable. For example, the “No vehicles in the park” statute could simply list every make and model of car and truck in existence, to clarify that they are all prohibited from the park. But the rule would be unmanageably long, and new makes and models would come into existence after the rule’s enactment. So the drafters would instead choose a term to describe the category of situations to which their rule was addressed. Rules that denote categories rather than specific situations necessarily involve a degree of abstraction, whether a moderate degree (e.g., “motor vehicle”) or a substantial degree (e.g., “best interest of the child”).

Fortunately for us, this inherent uncertainty is one of the things that makes law practice a creative endeavor. For example, if the vehicles in the park statute referred to “motor vehicles,” would that include airplanes? Mopeds? Golf carts? The “Segway” personal scooters? Lawyers and judges would try to use the policies underlying the rule and analogies to prior decisions to decide each example. But the jump from abstract to concrete would involve a measure of uncertainty, and it is this uncertainty that allows lawyers to make plausible arguments on both sides of a case.

Your Audience

In the oral and written communications that you undertake in this course, you must focus not only on the substantive ideas that you try to communicate, but also on the way in which your audience will receive those ideas. Communication is a two-step process, and even brilliant arguments suffer if the audience is distracted by substandard prose. That is why the feedback in this course will consider the form and style of your writing.

Additionally, you must recognize that your audience has a particular task before it, and will be using your communication (i.e., your memo, brief, or oral argument) as an instrument in completing that task. The audience’s task will often be to decide how to advise a client or rule in a case. To be effective, your communication must be suited to your audience’s needs. So in a memo addressed to an attorney who must decide how to advise a client, simply stating your prediction is not enough. You must also help the attorney understand the applicable legal standard and its likely application, as well as any plausible counter-arguments and the reasons why those arguments would not prevail. Only then will your communication allow the attorney to make an informed decision about how to advise the client.

You are at the start of a fascinating journey. We in the First-Year Legal Research and Writing Program wish you great success and enjoyment as you begin your legal education.

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The Business Bankruptcy Blog

Assignments For The Benefit Of Creditors: Simple As ABC?

Companies in financial trouble are often forced to liquidate their assets to pay creditors. While a Chapter 11 bankruptcy sometimes makes the most sense, other times a Chapter 7 bankruptcy is required, and in still other situations a corporate dissolution may be best. This post examines another of the options, the assignment for the benefit of creditors, commonly known as an "ABC."

A Few Caveats . It’s important to remember that determining which path an insolvent company should take depends on the specific facts and circumstances involved. As in many areas of the law, one size most definitely does not fit all for financially troubled companies. With those caveats in mind, let’s consider one scenario sometimes seen when a venture-backed or other investor-funded company runs out of money.

One Scenario . After a number of rounds of investment, the investors of a privately held corporation have decided not to put in more money to fund the company’s operations. The company will be out of cash within a few months and borrowing from the company’s lender is no longer an option. The accounts payable list is growing (and aging) and some creditors have started to demand payment. A sale of the business may be possible, however, and a term sheet from a potential buyer is anticipated soon. The company’s real property lease will expire in nine months, but it’s possible that a buyer might want to take over the lease.

• A Chapter 11 bankruptcy filing is problematic because there is insufficient cash to fund operations going forward, no significant revenues are being generated, and debtor in possession financing seems highly unlikely unless the buyer itself would make a loan. 
• The board prefers to avoid a Chapter 7 bankruptcy because it’s concerned that a bankruptcy trustee, unfamiliar with the company’s technology, would not be able to generate the best recovery for creditors.

The ABC Option . In many states, another option that may be available to companies in financial trouble is an assignment for the benefit of creditors (or "general assignment for the benefit of creditors" as it is sometimes called). The ABC is an insolvency proceeding governed by state law rather than federal bankruptcy law.

California ABCs . In California, where ABCs have been done for years, the primary governing law is found in California Code of Civil Procedure sections 493.010 to 493.060 and sections 1800 to 1802 , among other provisions of California law. California Code of Civil Procedure section 1802 sets forth, in remarkably brief terms, the main procedural requirements for a company (or individual) making, and an assignee accepting, a general assignment for the benefit of creditors:

1802.  (a) In any general assignment for the benefit of creditors, as defined in Section 493.010, the assignee shall, within 30 days after the assignment has been accepted in writing, give written notice of the assignment to the assignor’s creditors, equityholders, and other parties in interest as set forth on the list provided by the assignor pursuant to subdivision (c).    (b) In the notice given pursuant to subdivision (a), the assignee shall establish a date by which creditors must file their claims to be able to share in the distribution of proceeds of the liquidation of the assignor’s assets.  That date shall be not less than 150 days and not greater than 180 days after the date of the first giving of the written notice to creditors and parties in interest.    (c) The assignor shall provide to the assignee at the time of the making of the assignment a list of creditors, equityholders, and other parties in interest, signed under penalty of  perjury, which shall include the names, addresses, cities, states, and ZIP Codes for each person together with the amount of that person’s anticipated claim in the assignment proceedings.

In California, the company and the assignee enter into a formal "Assignment Agreement." The company must also provide the assignee with a list of creditors, equityholders, and other interested parties (names, addresses, and claim amounts). The assignee is required to give notice to creditors of the assignment, setting a bar date for filing claims with the assignee that is between five to six months later.

ABCs In Other States . Many other states have ABC statutes although in practice they have been used to varying degrees. For example, ABCs have been more common in California than in states on the East Coast, but important exceptions exist. Delaware corporations can generally avail themselves of Delaware’s voluntary assignment statutes , and its procedures have both similarities and important differences from the approach taken in California. Scott Riddle of the Georgia Bankruptcy Law Blog has an interesting post discussing ABC’s under Georgia law . Florida is another state in which ABCs are done under specific statutory procedures . For an excellent book that has information on how ABCs are conducted in various states, see Geoffrey Berman’s General Assignments for the Benefit of Creditors: The ABCs of ABCs , published by the American Bankruptcy Institute .

Important Features Of ABCs . A full analysis of how ABCs function in a particular state and how one might affect a specific company requires legal advice from insolvency counsel. The following highlights some (but by no means all) of the key features of ABCs:

• Court Filing Issue . In California, making an ABC does not require a public court filing. Some other states, however, do require a court filing to initiate or complete an ABC.
• Select The Assignee . Unlike a Chapter 7 bankruptcy trustee, who is randomly appointed from those on an approved panel, a corporation making an assignment is generally able to choose the assignee.
• Shareholder Approval . Most corporations require both board and shareholder approval for an ABC because it involves the transfer to the assignee of substantially all of the corporation’s assets. This makes ABCs impractical for most publicly held corporations.
• Liquidator As Fiduciary . The assignee is a fiduciary to the creditors and is typically a professional liquidator.
• Assignee Fees . The fees charged by assignees often involve an upfront payment and a percentage based on the assets liquidated.
• No Automatic Stay . In many states, including California, an ABC does not give rise to an automatic stay  like bankruptcy, although an assignee can often block judgment creditors from attaching assets.
• Event Of Default . The making of a general assignment for the benefit of creditors is typically a default under most contracts. As a result, contracts may be terminated upon the assignment under an ipso facto clause .
• Proof Of Claim . For creditors, an ABC process generally involves the submission to the assignee of a proof of claim by a stated deadline or bar date, similar to bankruptcy. (Click on the link for an example of an ABC proof of claim form .)
• Employee Priority . Employee and other claim priorities are governed by state law and may involve different amounts than apply under the Bankruptcy Code. In California, for example, the employee wage and salary priority is $4,300, not the $10,950 amount currently in force under the Bankruptcy Code.
• 20 Day Goods . Generally, ABC statutes do not have a provision similar to that under Bankruptcy Code Section 503(b)(9) , which gives an administrative claim priority to vendors who sold goods in the ordinary course of business to a debtor during the 20 days before a bankruptcy filing . As a result, these vendors may recover less in an ABC than in a bankruptcy case, subject to assertion of their reclamation rights .
• Landlord Claim . Unlike bankruptcy, there generally is no cap imposed on a landlord’s claim for breach of a real property lease in an ABC.
• Sale Of Assets . In many states, including California, sales by the assignee of the company’s assets are completed as a private transaction without approval of a court. However, unlike a bankruptcy Section 363 sale , there is usually no ability to sell assets "free and clear" of liens and security interests without the consent or full payoff of lienholders. Likewise, leases or executory contracts cannot be assigned without required consents from the other contracting party.
• Avoidance Actions . Most states allow assignees to pursue preferences and fraudulent transfers. However, the U.S. Court of Appeals for the Ninth Circuit has held that the Bankruptcy Code pre-empts California’s preference statute , California Code of Civil Procedure section 1800. Nevertheless, to date the California state courts have refused to follow the Ninth Circuit’s decision and still permit assignees to sue for preferences in California state court . In February 2008, a Delaware state court followed the California state court decisions , refusing either to follow the Ninth Circuit position or to hold that the California preference statute was pre-empted by the Bankruptcy Code. The Delaware court was required to apply California’s ABC preference statute because the avoidance action arose out of an earlier California ABC.

The Scenario Revisited. With this overview in mind, let’s return to our company in distress.

• The prospect of a term sheet from a potential buyer may influence whether our hypothetical company should choose an ABC or another approach. Some buyers will refuse to purchase assets outside of a Chapter 11 bankruptcy or a Chapter 7 case. Others are comfortable with the ABC process and believe it provides an added level of protection from fraudulent transfer claims  compared to purchasing the assets directly from the insolvent company. Depending on the value to be generated by a sale, these considerations may lead the company to select one approach over the other available options.
• In states like California where no court approval is required for a sale, the ABC can also mean a much faster closing — often within a day or two of the ABC itself provided that the assignee has had time to perform due diligence on the sale and any alternatives — instead of the more typical 30-60 days required for bankruptcy court approval of a Section 363 sale. Given the speed at which they can be done, in the right situation an ABC can permit a "going concern" sale to be achieved.
• Secured creditors with liens against the assets to be sold will either need to be paid off through the sale or will have to consent to release their liens; forced "free and clear" sales generally are not possible in an ABC.
• If the buyer decides to take the real property lease, the landlord will need to consent to the lease assignment. Unlike bankruptcy, the ABC process generally cannot force a landlord or other third party to accept assignment of a lease or executory contract.
• If the buyer decides not to take the lease, or no sale occurs, the fact that only nine months remains on the lease means that this company would not benefit from bankruptcy’s cap on landlord claims. If the company’s lease had years remaining, and if the landlord were unwilling to agree to a lease termination approximating the result under bankruptcy’s landlord claim cap, the company would need to consider whether a bankruptcy filing was necessary to avoid substantial dilution to other unsecured creditor claims that a large, uncapped landlord claim would produce in an ABC.
• If the potential buyer walks away, the assignee would be responsible for determining whether a sale of all or a part of the assets was still possible. In any event, assets would be liquidated by the assignee to the extent feasible and any proceeds would be distributed to creditors in order of their priority through the ABC’s claims process.
• While other options are available and should be explored, an ABC may make sense for this company depending upon the buyer’s views, the value to creditors and other constituencies that a sale would produce, and a clear-eyed assessment of alternative insolvency methods. 

Conclusion . When weighing all of the relevant issues, an insolvent company’s management and board would be well-served to seek the advice of counsel and other insolvency professionals as early as possible in the process. The old song may say that ABC is as "easy as 1-2-3," but assessing whether an assignment for the benefit of creditors is best for an insolvent company involves the analysis of a myriad of complex factors.

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6 best ways to prepare writing assignments in the ai age.

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How might students use ai tools while working on assignments.

• 6 best ways to prepare writing assignments in the AI age

AI has penetrated into everyday lives. From the food that we order to the movie tickets that we book, AI is everywhere.

Similarly, education has also benefited majorly from AI. You probably know who Physicswallah is, right? The firm uses AI to power their educational endeavors, giving them a competitive edge.

And now, AI can also be used to write assignments! While students may use this opportunity to their absolute fullest, it is important that there are some frameworks in place.

And it's the responsibility of the teachers to ensure proper placement of rules and regulations.

In today’s blog, we’ll be discussing the pros and cons of getting help from assignment writers, and how teachers can ensure that its use is regulated well.

AI tools are quite helpful when used in the correct way. So, what may be the incorrect way of using them?

Well, it is relying 100% on these tools that causes a problem. Doing so hinders creativity to a great extent and doesn't let you channelize your thoughts and give them proper structure.

Instead, use AI to do the research work, or to give you a first draft. You can then go on to edit the document, infusing the human touch that AI lacks. Using AI in a positive way will surely go on to make a difference in the deliverables that a student has.

Also read this article : 11 Writing Assistant Apps for Ultimate Productivity

Leverage AI for idea generation and research, but maintain originality. Organize your outline, verify facts, and proofread manually. Use AI tools to check grammar, but always ensure your voice and critical thinking shine through in the final draft.

1. Update academic integrity policy to inform instruction and assessment practices

For the safe, integral use of AI – updating the academic integrity policy is the starting point. It is imperative that you make sure that the policies work towards not eradicating but infusing AI into the mix.

When you form your policy in this way, you’ll provide students with the freedom to use AI. This freedom involves permitting the use of AI in a constructive manner that is beneficial to the students in a variety of ways. Be it forming a first draft or improving an existing one – AI does wonders.

But it also takes the workload off of you. And it is important for students to develop a mindset that helps them integrate AI. Start with determining which AI tools are best and provide a list along with a basic guide on how to use them for your students.

2. Communicate new assignment guidelines with students

Once you have the necessary guidelines in place, you can then move forward to communicating them with the students.

This typically involves compiling a list of the various guidelines that you put in place. With that, it is essential that you also review the guidelines thoroughly. Doing so will make sure that what you aim for is being clearly communicated within the guidelines itself.

Then, move on to communicating the guidelines with the students. This can be done by sending a copy and explaining the guidelines to them in class. This helps in building the framework for an environment that views AI as a tool and not as a threat.

3. Review and revise writing assignments and associated scoring tools

Now, you can move towards reviewing and revising writing assignments. So, AI is an expert at certain tasks – but it also has limitations.

One should know what its limitations are. And, once you understand these limitations, educators can craft prompts that are less susceptible to AI interference.

4. Employ the writing process; live in the formative space

The writing process is beneficial for all writers, not just novices. Incorporate steps like prewriting, drafting and revising. Instruct students to submit drafts. Receive feedback and make revisions that increase visibility in their work and reduce the likelihood of the misuse of AI. Using Artificial Intelligence for assignment needs must be integrated rather than replacing the conventional methods of writing an assignment.

A culture of communication between the teacher and the student encourages positive introduction of technology such as AI. This also encourages genuine work, and providing specific feedback for the same is essential on the part of the educator.

5. Direct students to use writing platforms where multiple drafts can be saved for review

Making sure that your work is authentic, and then proving the work’s authenticity is essential. So, using a platform such as Google Docs or Microsoft Word can help you out with inputs. These help you save multiple drafts, and the changes can be traced back right to the first word written.

This helps in providing a certain amount of originality, whether the document has been written originally or has the content been copy pasted.

6. Institute opportunities for students to discuss their work

Requiring students to discuss their work with teachers or peers reduces the likelihood of the misuse of Assignment AI writing. It doesn’t fully eliminate the risk, rather it provides a certain degree of accountability.

Give an extra activity at the end of an assignment. This can be in the form of peer reviews, writing conferences or reflection sessions. These discussions serve to boost the investment of students in their work and add to motivation. This helps prepare writing assignments in general as well.

So, there you have it! A blog that helps you with how you can integrate AI into writing assignments, amongst other writing endeavours. View it as something that you can positively utilize.

That’s what we aim to do with this blog. Providing you with an overview of how you can use AI help with assignment writing.

You can use AssignmentGPT for your assignment writing needs! Try it out now from the website by clicking here !

1. What are the ethical concerns associated with using AI to write assignments?

2. How can teachers effectively detect AI-generated content in student work?

3. What are the benefits of using AI as a learning tool?

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