Part of the reason that law assignments can seem simple is that sometimes a question requires them to “critically evaluate” a question. Having knowledge of the law is just the beginning. Students should be able to explain, interpret, compare, and identify weaknesses in arguments, and give reasons to explain why one may be more convincing in context. When there are multiple cases and statutes that seem like good candidates for the change, it can be challenging. To critically evaluate involves reading, comparing, and questioning existing opinions or points of view.
Having a clear understanding of what evaluation entails, then, assignments gain meaning as much more than a gathering of authorities, but rather as the use of authorities intelligently. The real trick is to learn to shift from description to judgment and comparison and to reasoned argument. That’s an important part of better legal practice.
The knowledge and evaluation of the Law are not the same
Any of the following can be an issue: A student can give a commentary on a law, a summary of a decision, and quotes from academic views.
The legal education in the UK aims to teach students to analyse, research, think through other solutions and come to a reasoned decision. These are amongst the transferable skills SRA expects to be taught in law school.
An additional question that needs to be considered in the process of evaluation is what does this authority actually establish? Students must consider the persuasiveness, consistency, effectiveness, restrictions, and challenges of a principle.
The Catch of Case-by-Case Writing
A common approach to legal research and writing for law students is to read a case, and then write about it by themselves. This results in a structure that is ‘case A says this, case B says that ‘.
Critical evaluation is frequently located between authorities. Make comparisons of judgements; recognise, explain and describe different ways of reasoning.
In the case of a Law coursework writing service UK, this is where it may seem appealing to students who aren’t feeling it with regard to the structure, or the due date (BAW, 2022). However, there needs to be meaningful academic assistance which enables pupils to become aware of how authorities link up and build up their own analytical abilities.
Do not collect cases, but choose authorities that will support the argument. The number of citations is not the most important consideration in reasoning.
They are afraid to question law enforcement
Some students have an understanding that criticism is an assault on judges, legislation and ideas, which makes them reluctant to make critical evaluations.
There is no need to discredit an authority when doing a critical evaluation. This can include identifying their strengths whilst identifying a limitation. A judgement can give a clear test of law, but leave the law in doubt in unusual circumstances. A statute could have one policy goal, but at the same time make things more cumbersome in another area.
Evaluation of information, identification of gaps, evaluation of options, and reaching reasoned decisions based on evidence are key points that are highlighted in the SRA assessment framework.
Too Much Research Can Create Less Analysis
It is not true that the more sources that are used, the better the assignment will be. Time is allocated by students to be spent collecting cases and journals, writing reports and commentary in the textbooks, only to find that they have little time left to consider and discuss the meaning of the material.
Inquire about the contributions made by each source, the authority of the source, and the impact that the source has on the argument.
If, for instance, you’re writing on an Immigration law dissertation topic, you may find that there is a lot of commentary from various times and areas. It’s not just a case of finding materials. It’s choosing the sources that will provide the exact answer to the research question.
There is more scope for quality analysis when there is less research.
The missing ‘so what??’ Question
There are numerous paragraphs that have evidence, but no explanations as to why the evidence is significant. A pupil can quote a precedent and give its decision and then start back on to another authority.
What’s needed is translation, that missing link.
When presenting evidence: Ask “Why is this important?” Is it an effective support of the argument? Is there some other authority that opposes it? Are there any doubts?
This brief “so what?” exercise can help you to convert descriptive writing to analytical writing.
The Natural Laws that Make Mathematics So Easy to Learn!
Appropriately high-level vocabulary cannot necessarily be used to make an argument more important. Nor is the use of long quotations filling paragraphs.
Simple, clear legal analysis often can be written in simple language. A strong paragraph is one that states a single purpose, backs it up with evidence, assesses the evidence, and ties it back into the question. Clear, precise communication and legal analysis are key themes of the SRA.
Incorporate the chapter evaluation into each of the paragraphs
It is not enough to develop critical thinking skills in the final part of school. It should go around the assignment.
Simple paragraph pattern – Claim, Introduce Authority, Explain, Compare/Challenge, Conclude with the result and tie into your argument.
Rather than saying that a court set forth a principle, identify if a subsequent court decision narrowed or broadened the principle or raised uncertainty about the principle (SRA).
Conclusion
If students approach the study of law as a process of “rules and authorities,” it will be hard for them to do a critical evaluation. Structural strength starts when sources are added to an argument. Compare the cases, challenge the assumptions, highlight the limitations, and evaluate the interpretations to progress beyond description in writing. Students are NOT expected to criticize anything. Should demonstrate the importance of evidence and its influence on the question. It is possible to render legal assignments clearer, more analytical, and persuasive by properly conducting research and evaluating it.
