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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Avoid using outdated laws and obscure blog posts as sources of information.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.

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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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• Sep 16, 2014

Tips from your Tutor: How to Write the Perfect Law Essay Introduction

After reading the first few sentences of a law essay, most markers will start to formulate an idea of the mark range. If they start with a Credit, Pass or Fail mark in mind, it becomes incredibly difficult for the paragraphs that follow to bring the paper back up into the higher mark brackets. Impress your marker from the get-go by following these tips…

1. Provide context

You may be keen to begin outlining your points in the first sentence of your essay, but it’s good practice to open your paper with one to three sentences of background information that provides context for the argument that follows. For example:

In 2009, the […..] Act was introduced to remedy problems of […..] However, from its inception it has been criticised for [.....].

2. Refer to the question

It’s good to have some brief background information in your introduction, but this is worthless if it is not related back to the question. Make sure you clearly refer to the question in your introduction by using its key terms throughout. For example, if the question is: “What has been the impact of the […] amendments?” you could refer to the question in the following way:

This essay will examine recent amendments to the [.....] Act and explore their effect upon […..].

3. Be specific

Be specific about where your essay will go. Which reforms or mechanisms will you focus on? Which one(s) will you avoid? Why? Will you draw on any comparative jurisdictions? Theories?

This essay will examine the effectiveness of civil litigation rules in relation to Summary Judgments only. Summary judgments have been chosen as the key area of inquiry because they are the major mechanism a judge can use to filter out cases that should not go to trial. This essay will draw upon the American experience to suggest that a higher threshold test is preferable to NSW’s current standard…

4. Provide a roadmap

After you outline the scope of your argument, you should provide a brief outline of your essay’s structure to assist the reader:

In section I, this essay will outline the key recommendations of the […..] Report. Section II will examine the implementation of these recommendations in the current [……] Amendment Act. In section III, the effectiveness of this amending instrument will be critiqued, before possibilities for reform outlined in Section IV.

5. Finish with your conclusion(s)

Students are often quite shy about putting their conclusion(s) into their introduction, but this comes across as polished and professional:

This essay will ultimately conclude that the threshold test for obtaining a default judgment is inappropriate and unfair, and should be raised to reflect the standard in [jurisdiction].

Marie Hadley is a lawyer, PhD candidate at UNSW, and tutor who loves teaching legal writing and problem solving skills.

FROM THE ARCHIVES: This story was first published on Survive Law on 22 August 2013.

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How to Write a Good Law Essay?

Updated 15 Apr 2024

Table of contents

How to start a legal essay

• Law essay structure

What makes a good legal essay introduction?

Body paragraph, overall guidelines for legal writing, different types of law essays.

There are different types of academic assignments, and each needs a proper understanding of the requirements. Wondering what is law essay, start with defining legal theories, legal reforms, or legal history. Theories expect the writer to say why the law takes such a form and make an argument of the merits and demerits. Legal reforms may either require an evaluation of recent reforms or whether a certain law should be reformed, whereas Legal history expects an understanding of the gradual change in a certain area.

The title of your paper is a vital concern as it determines whether a reader will be compelled to read a paper or whether it makes the reader lose interest when reading. A good title should be precise and clear, using the most familiar terminology.

In addition, subheadings are equally useful to clarify arguments in a paper by allowing a reader to signpost commentary and provide the most coherent structure.

Before you even start working on your assignment, double-check if you know how to structure a law essay. Any paper is divided into sections: Introduction, Body, and Conclusion. But that particular type of writing we examining here requires exceptional attention to references, making it one of the most important structural parts. Any law, act, or court case you have looked through when writing has to be cited in accordance with the formatting style your college or university supports.

Ways of Structuring An Essay On Legal Studies

As you brainstorm various legal assignments and learn how to write a law essay introduction, it's essential to think over the best ways of structuring your law essay. In the majority of cases, you will have to follow the basic "introduction, three body paragraphs, and conclusion" research pattern, yet legislation often involves the following structure:

- Introduction part with the background information and the legal reminder about when the law or a case study has taken place. It will help your readers to determine what is being researched and discussed.

- Body paragraphs should focus on strong argumentation regardless of the legal essay format. It means that both administrative and criminal law assignments will have to include a thesis statement with some evidence. It should help to connect things and follow the structure regarding your objectives.

- Counter-arguments paragraph. If there are opposite opinions, make sure to include them as well with the sources and explanations.

- Conclusion. This is where you sum things up and focus on the suggestions for further research.

- References.

- Appendices. This is where the majority of legal papers or court transcripts are usually included. Remember to follow your style formatting rules as you work on your structure.

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To come up with a good introduction, you need to put in mind the main objectives it is meant to achieve. These are presenting arguments, providing a context, setting out parameters for the discussion, and providing a brief outline of the structure. The question provides an understanding of an area of law in focus and how it addresses the body. Therefore, it is important to set out the main question a paper is supposed to answer and then explain how you plan to answer it.

A good way how to answer a legal essay question in the introduction would be:

“This essay will refer to the weaknesses of the… Act and analyze effects of the implementation upon…”

The introduction should also provide a roadmap to a user by illustrating the structure used in a paper. A classic example of a law essay is the following:

“The essay will be divided into four main sections. In section I, the essay will provide an in-depth understanding of … Act. In section II, an essay will examine the implementation of the act and in Section III, the essay will critic the amendment instrument and finally indicate the position in the argument in section IV.”

If you are asking how to write a good law essay, the answer would be – to pay most of the attention to the body of it. To examine the context and analysis of the legal concern effectively, it is important to give context and analysis of a legal issue in a body paragraph. This demonstrates that you have a sound understanding of the topic in discussion. A writer should be able to refer to the applicability of law including the Act of parliament in a legislation issue or case when relying on a judgment.

For example, the writer may indicate;

“In reference to section… Act… law clearly indicates that …” Or “In case of … vs. …”

Secondly, you need to present your arguments clearly and persuasively. The best way to do this is by including alternative sides of your argument, which shows that you have considered all aspects of an issue before concluding on that matter.

Two things are crucial in writing a body paragraph. These are topic sentences and transitions.

A topic sentence gives a focus to the paragraph. It is used as a tool to summarize the overall position taken by the author, the paragraph then gives fine details of specific arguments. In addition, the writer may also use the topic sentence to assess whether all content written in that paragraph is relevant to the legal essay.

A good example of a topic sentence that demonstrates context and will help you with a law paper would be:

“In 2011, the … Act was implemented to solve the critical issues of... However, this has been a big argument for its weaknesses including…"

Depending on the title of the paper, some may require including a variety of subjects. There is a need to ensure seamless transitions between the subjects. The best way to do this is through using co-joining words such as ‘in addition to,’ ’moreover,’ ’secondly’, ’similarly’, ’nevertheless.’ etc. To show contrast, you could also use words such as, ’in contrast to, ’however, etc. This provides flow when a reader is going through the essay.

There are various structures used to write a body paragraph, and you need to select the most suitable one for your analysis.

The purpose of a conclusion is to reiterate the main argument and position taken by the student. It is important to ensure that the conclusion answers the question asked in the introduction. Finally, the conclusion should not contain new material and should be relative to what was written in a body.

While there is no universal pattern that shows how to write a first-class law essay , there are legislation standards, accurate grammar, and citing of every idea that is not yours that come first. It will not only help you come up with an excellent essay that will earn you good grades but let you avoid plagiarism and writing issues.

In addition to a proper consideration of the structure, the following should be considered:

• Demonstrate knowledge and command of the subject

Law is a constantly evolving area, which requires the demonstration of a proper understanding of subject matter. Nevertheless, the knowledge is not enough if not demonstrated by an ability to apply the law to derive the legal answers.

• Logical flow and relevance

The legal essay must be developed logically and systematically from issue identification/question to the analysis and authority as well as conclusion.

• Formal and convincing language

A common pitfall in writing an essay by some students is the use of informal language such as, “He made the wrong judgment because...” Instead, a good essay would say, “The argument made is unconvincing for the following reasons...”

• Personal insight and correct referencing of the legal essay

For a literary work to stand out, there is a need for originality, insight, and personal argument by the writer. This demonstrates an independent and intellectual demeanor, which is excellent when backed up by the authority.

Now, you are informed on how to write law essays. A good writer ensures a comprehensive and prolific referencing which challenges and informs on the analysis in the paper. It should be page-specific which directs the reader to the specific part integrated into the essay. The best way to incorporate authority is through integrating cases to develop analysis. Whenever you need any assistance, be it a complete paper or even a part of it, our essay writing company is always here to give you high-quality law essay writer and provide other academic services.

As you start with law essay writing tasks, you will encounter a dozen of various essay types that will range from papers on legal theory to argumentations and court hearings. Still, every type of law writing requires proper analysis and the presence of evidence as you see how a certain law has affected the situation or what acts have been used to achieve something.

- Legal Theory Writing. Here is where you have to explain why some law is the way it is and discuss the pros and cons. There are many types of writing in this area as you will have to focus on comparison and analysis tasks.

- Legal Reform Tasks. A good law essay example here would be the Brexit legislation as the changes that we have seen take place in every field of life. As a Law student, you should explain and estimate these changes. If the reform has taken place because of some event, it may be necessary to provide some background information in your essay’s introduction.

- Legal History. This section may talk about legal questions that are related to historical matters. A law essay example on history would mention issues like the Corporate Lawor the famous Statute of Marlborough that has been passed by the Parliament of . Even though it was during the times of Henry III and took place in 1267, the students still have to explore and explain these laws.

- Court Hearings & Case Study Tasks. As the name implies, these law essays always deal with already existing case studies where you have to review and analyse things. The same relates to court hearings that may be both or come from other countries. These are quite complex and require an extra bit of your attention.

Unlocking the Secrets of Effective Law Essay Writing

Navigating the intricate world of legal writing can often seem daunting, but with the right guidance, it becomes an art form that can be mastered. Essay writing service EduBirdie's article sheds light on the nuances of crafting a compelling law essay, from understanding its diverse types to structuring it meticulously. Whether you're delving into legal theories, reforms, or history, the key lies in presenting your arguments with clarity, precision, and an authoritative voice. Just order essay today, and with a blend of logical flow, formal language, and insightful analysis, you can transform your essay from ordinary to exemplary.

Elevate your legal writing prowess! Dive deep into our guide and become the law essay expert you aspire to be.

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How to Write a First Class Law Essay

A Fuel Crisis that Continues to Drown the UK

The Rohingya Refugee Crisis

• Tips for Students
• essay writing
• first class
• tips for students

Article written by Caitlin Graham, Lancaster University LLB graduate.

General Tips

Check further reading lists before finding your own sources..

Once you receive your essay question, before trying to identify your own primary and secondary sources, a good starting point is to have a look at your university’s further reading list for whichever topic the question is based upon and then research any of the relevant sources listed. Also, you can find sources by checking the further reading list of the relevant chapter in your main textbook. You can also ask for help from  professional research paper writers

Plan before you start writing.

Produce a plan which outlines what all of your main arguments are, how you will make the points, which sources you plan to use, and what your conclusion will be.  By having all of your notes and research in your plan in one place, this will prevent any confusion or stress trying to find something later on.

At the end of each main argument, link it back to the question.

You need to answer the question. To ensure you do this, at the end of each key point, include a sentence or two which links it back to the main question.

Make a vocabulary bank on a word document.

Making a list of words that are commonly used in essay writing and having it to hand or in a separate tab on your computer can be really useful if you get stuck whilst writing.

Use sentence starters such as ‘firstly’, ‘furthermore’, ‘therefore’, and ‘in conclusion’.

Using sentence starters will help ensure your writing is fluent and flows.

Only make direct quotations where it makes sense to.

It is not necessary to directly quote every academic commentator that you are making reference to in your essay; instead, for the most part, paraphrase.

Proofread your essay out loud before submitting.

It is very important that you not only proofread your essay before you submit it but that you do so out loud. This will help you filter out any incorrect punctuation and ensure that your writing flows.

How to Answer Each Section of an Essay

The introduction.

You should aim to do four things in your introduction:

• Set out any definitions of any key terms outlined in the essay title or statement of your essay. 
• State what the overall aim of your essay is.
• Explain how you plan to achieve this aim. 
• Provide a brief summary of what your essay will conclude.

The Main Body of the Essay

The main body of the essay refers to the two or three main arguments.  Aim to use a range of primary and secondary sources in this part.  It is crucial that critical analysis is used in this section in order to achieve a higher grade. This will mean engaging with primary and secondary sources and identifying the strengths and weaknesses of each point.  Furthermore, whilst you should acknowledge both sides of the argument, you should finish by clarifying which side you find more convincing and why.

The Conclusion

A conclusion should:

• Summarise how the essay has achieved its aim.
• Echo what the essay’s position/opinion on the essay question/title is and explain the reasoning behind this.

Do not address any new points or arguments in the conclusion; only refer to ideas that you have already discussed.  Keep the conclusion relatively brief – a few sentences should be sufficient.

Imaan Fatima

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Introduction to Commercial Law

• Credit value : 15 credits at Level 5
• Convenor : Dr Guido Comparato
• Assessment : a quiz (10%) and 2500-word reflective essay (90%)

Module description

In this module we cover basic material from several areas of commercial law, as well as adjacent areas including banking law, company law, consumer law, international economic law, labour law and intellectual property law.

The module is ideal for those thinking of completing the LLB with a specialisation in commercial law but who have little knowledge or experience in this area. It is also suited to those who do not wish to specialise in commercial law, but nonetheless want a grounding in basic concepts in this area.

Indicative syllabus

• Commercial law
• Company law
• Banking and monetary law
• Consumer law
• Intellectual property law
• International economic law
• Private international law

Learning objectives

By the end of this module, you will be able to:

• articulate the scope and general principles of a range of commercial law topics
• understand core legal concepts and contemporary debates in company law, banking and monetary law, consumer law, labour law, intellectual property law, international economic law and private international law
• understand the career paths within these various areas of law.

Introduction to Business Law Essay

• To find inspiration for your paper and overcome writer’s block
• As a source of information (ensure proper referencing)
• As a template for you assignment

Introduction

Powers available to courts in connection with statutory interpretation, engagement of judicial precedent with statutory interpretation, reference list.

Generally, statutes provide a mechanism for the legislature to ensure that citizens live and act within set legal boundaries. It thus follows that any interpretation of statutes has constitutional repercussions. Ostensibly, legal systems in the world can be classified into two general categories.

On one hand is the common law that has its origins in England while on the other hand is civil law which has its beginnings in Ancient Rome (Ahlstrom & Bruton 2009). Civil law makes use of statutes as the main building blocks and relies heavily on legal scholars to interpret legislations by Parliament. Confusion may, however, result in the event that courts are not able to determine with absolute certainty what the intention of the legislators (Corcoran & Bottomley 2005).

In a system where powers are separated, the statutory interpreter is usually different from those charged with the responsibility of enacting the statutes. Often, the interpreter is the judge while those enacting are legislators. Considering that differences in perspectives are very common, dynamic interpretation may be experienced time and again. Ostensibly, statutory interpretation is a vital judicial tool that has been used by judges for many years to safeguard basic rights in the common law. Seemingly, the different stages involved in the creation of a statute often ensure that errors are addressed in good time (Kafaltiya 2008, p. 108).

Customarily, judges use different strategies when interpreting statutes. No guidelines exist and there is no commonly accepted standard of interpretation. This notwithstanding, there are basic principles that must be adhered to by judges as they interpret legislations. According to Sadurski (2002, p. 67), courts sometimes make efforts to interpret legislations in a way that is consistent with human rights. In some situations, legislatures endorse customs that may be used by courts during interpretation.

In England and Wales, the interpretation of statutes is a privilege accorded to courts and tribunals. A team of highly skilled people is charged with the responsibility of drafting statutes on behalf of the legislature before they can be passed to the courts for interpretation.

However, there are challenges that result from the fact that those who draft the statutes may not be able to address every possible situation that may be encountered at a later time (Adams 2012, p. 23). It is also possible that the process may be so rushed to an extent of leaving out important details in a given legislation.

As stated earlier, the principles that govern statutory interpretation are not well organized and the whole process of interpretation is largely controlled by the common law. Allegedly, this creates room for any new developments to be undertaken by courts in order to deal with new problems as they arise. As a result, it is assumed that statutes provide a clear indication of what judges actually mean (Adams 2012, p. 57). Judges provide interpretations based on what is presented to them and as such meet the expectations of the legislators.

Evidently, judges are not allowed to rewrite any statutes and are required exercise their powers in a modest manner. There are, however, some cases where a judge may not be able to tell what the intentions of the legislators are. The language used by Parliament may, for example, lead to a situation where judges give an interpretation that is totally different from what was originally meant.

To understand the intentions of Parliament and thus avoid the language confusion, it is advisable for the court to read the entire statute and give the correct meaning to every word in it. The limited class rule is sometimes used to provide a general interpretation of a word. As the courts are simply required to interpret and not re-write legislations, it is impossible for the judges to fill up any gaps left by the legislative body. Courts may, however, overcome such challenges by carefully interpreting legislations.

According to Sarat (2008, p. 251), it is absolutely impossible to come up with a statute that covers all possible issues that may be encountered in relation to it. As a result, courts may be faced with serious challenges when conditions change. Since courts can not fill legislation gaps, they are limited to determining whether a statute is applicable in a case where circumstances are deemed to have changed.

The courts may also be allowed to take into consideration the deliberations of the legislators prior to passing a Bill. Reference to such deliberations during statutory interpretations was, however, not allowed in England and Wales until 1993. Regrettably, there are limitations to this strategy as it may not be applicable in situations where it can be determined that conditions have changed drastically.

According to Amar (2012, p. 341), the limitation imposed on courts regarding the application of statutes in changed circumstances is largely responsible for the delays experienced in dealing with such cases. It is thus imperative to establish mechanisms of speeding up the process.

A precedent may be defined as a past event. Legally, it serves as an important guide for judges. Judicial precedent is a vital part of the common law system according to which a judge is required to make a ruling on a case guided by an earlier decision in a similar case.

Under the common law system, legal precedent plays a big role and judges have the freedom to interpret a law and provide a basis on which future cases may be heard and decided (Ahlstrom & Bruton 2009). In comparison to other countries, the legal system in the United Kingdom follows the requirements of judicial precedent very strictly. Practically, lower courts are required to abide by a past ruling of a superior court in interpreting statutes.

The appellate court on the other hand is expected to abide by its past rulings in similar cases. Arguably, the doctrine of judicial precedent provides for either binding or persuasive precedent. While binding precedent is mandatory and must be adhered to by lower level courts, persuasive precedent serves as an important guide for judges when deciding on similar cases.

Apparently, questions about judicial precedent tend to concentrate more on the way the doctrine works or operates. To a large extent, the fact that cases may be considered retrospectively implies that judges have the flexibility to use judicial precedent to interpret statutes (Mitchell & Dadhania 2003). In the event that a judge comes across a case where a relevant previous ruling made by the court exists, the judge has four possibilities.

He or she may follow the earlier judgment if it is clear that the facts in the current and previous case are similar, make a distinction if it is established that the facts are completely different, overrule the earlier decision in case there is a disagreement with the decision arrived at by a lower court, or reverse the previous ruling by a lower court if an appeal is made and the higher court can determine that the lower court failed to interpret the law correctly.

There are several advantages that may be associated with the application of judicial precedent in statutory interpretation (Schyff 2010, p. 51). First, there is consistency in the application of the law and this provides a sense of equality and justice. Secondly, there is certainty considering that many cases exist that have been dealt with before and this enables lawyers to advice their clients with confidence. Finally, the options made available to judges create room for fair application and further development of the law.

There are, however, some difficulties associated with the use of judicial precedent in statutory interpretation. First, the use of judicial precedent is quite rigid and limits judicial discretion. There is also a danger of slowing down the judicial process as judges are expected to spend quite some time perusing previous cases. It may also lead to the creation of illogical distinctions by judges who may not be willing to follow an existing precedent. Finally, the court has no choice but to rely upon a suitable case where changes to the law have to be made.

As has been explained in this paper, statutory interpretation is a vital tool for preserving fundamental rights that affect our day to day lives. While judges have the leeway to interpret legislations as they see fit, they can only do so within certain limits. In the event that powers are separated, there is a danger that the legislations may be poorly interpreted.

Whilst many options exist for interpreting statutes, the most commonly used is judicial precedent. As a source of law, judicial precedent allows judges to make reference to past judgments and apply the reasoning used if circumstances of the cases involved are similar.

Adams, A 2012, Law for Business Students , Pearson Publishing, Edinburgh Way, Harlow.

Ahlstrom, D & Bruton, G 2009, International Management: Strategy and Culture in the Emerging World , Cengage Learning, Mason, OH.

Amar, AR 2012, America’s Unwritten Constitution: The Precedents and Principles We Live by , Basic Books, New York.

Corcoran, S & Bottomley, S 2005, Interpreting Statutes , Federation Press, Sydney, Australia.

Kafaltiya, AB 2008, Interpretation of Statutes , Universal Law Publishing, New Delhi.

Mitchell, AR & Dadhania, M 2003, As Level Law , Psychology Press, Hove, United Kingdom.

Sadurski, W 2002, Constitutional Justice, East and West: Democratic Legitimacy and Constitutional Courts in Post-Communist Europe in a Comparative Perspective , Kluwer Law International, The Hague, Netherlands.

Sarat, A 2008, Constitutional Politics in a Conservative Era , Emerald Group Publishing, West Yorkshire, UK.

Schyff, G 2010, Judicial Review of Legislation: A Comparative Study of the United Kingdom, the Netherlands and South Africa, Springer, New York.

• Civil Rights & Liberties. The Judicial Branch
• U.S. and Canada Constitutions
• R vs.Howe: Persuasive Precedent Analysis
• Statutory Interpretation Methods Used by the Courts
• The Hansard as an Aid to Statutory Interpretation
• Drug Courts and Their Efficiency
• Opinion of the Judge
• Exploiting Nazism in Abortion Debate
• Brown v. Board of Education (1954)
• Roe vs. Wade Ruling - The Result of the Supreme Court
• Chicago (A-D)
• Chicago (N-B)

IvyPanda. (2019, February 7). Introduction to Business Law. https://ivypanda.com/essays/introduction-to-business-law/

"Introduction to Business Law." IvyPanda , 7 Feb. 2019, ivypanda.com/essays/introduction-to-business-law/.

IvyPanda . (2019) 'Introduction to Business Law'. 7 February.

IvyPanda . 2019. "Introduction to Business Law." February 7, 2019. https://ivypanda.com/essays/introduction-to-business-law/.

1. IvyPanda . "Introduction to Business Law." February 7, 2019. https://ivypanda.com/essays/introduction-to-business-law/.

Bibliography

IvyPanda . "Introduction to Business Law." February 7, 2019. https://ivypanda.com/essays/introduction-to-business-law/.

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Playing by New Rules: The Introduction of the Commercial Gaming Regulatory Authority in the UAE

The UAE’s General Commercial Gaming Regulatory Authority has gone live, with the launch of its public website and the announcement of the award of the first commercial gaming licence. With well-publicised casino resort developments also under way, this represents the first official stage of a new and potentially lucrative industry in the UAE, unique to the wider region.

In September 2023, the UAE announced the formation of a new commercial gaming authority called the General Commercial Gaming Regulatory Authority (“ GCGRA ”) which has been assigned exclusive jurisdiction to regulate, license, and supervise all commercial gaming activities and facilities at a national level, in the UAE.

What is ‘commercial gaming’?

According to the GCGRA, ‘commercial gaming’ refers to any game of chance, or a combination of chance and skill, where an amount of money is wagered for the purposes of winning a reward. Importantly, this does not include marketing expenses for ‘promotional activities’.

Commercial gaming activities under the purview of the GCGRA will include the following:

Internet Gaming – any form of commercial gaming conducted via the internet using a computer, mobile phone, or any other digital device with access to websites or apps that offer chance and/or skill based games such as online casinos, eSports, bingo and more.

Land-Based Gaming Facilities – physical establishments offering commercial gaming activities such as slots, roulette, blackjack, baccarat, craps, and more. 

Sports Wagering – any form of commercial gaming involving betting on the outcome of sports events or performances.

Lottery – any form of commercial gaming involving buying or betting for tickets with numbers or symbols, with a chance of a reward if drawn by a random generator.

Engaging in, conducting or facilitating commercial gaming activities in the UAE without prior approval from the GCGRA is prohibited (and, in addition to infringing the GCGRA’s own rules could constitute, for example, a criminal offence under the laws of the UAE).

What is the legal significance?

The possibility of obtaining a licence to lawfully conduct commercial gaming activities within the UAE has been met with significant interest, since gambling has always been prohibited as a criminal offence under Article 460 of the Penal Code, with further restrictions under Article 1021 of the Civil Code declaring void any agreement relating to gambling, and Article 38 of the Cybercrimes Law providing that anyone who creates, manages or propagates gambling activities through IT networks (i.e. online gambling) commits a serious criminal offence. Both culturally and legally, commercial gaming activities have always been extremely limited across the Middle East region.

What is the practical significance?

It has been known for some time that certain resort developers were looking to build large scale integrated casino resorts in the UAE, however it was not clear how such resorts would legally operate. In addition, the legal status of some businesses already operating and offering lottery-style operations was not entirely clear.

By regulating the industry and creating a coordinated commercial gaming sector, the UAE has created a unique regional proposition with the potential to drive significant growth in the tourism and leisure sectors. We also assume that commercial gaming activities may make significant contributions to UAE public finances through enhanced taxation, royalties or similar, although this is yet to be publicly confirmed.

How can you obtain a license?

For entities wishing to engage in commercial gaming activities in the UAE, a license must be obtained from the GCGRA. The licensing process includes preliminary screening, preparation and submission of business proposals, assessment and evaluation, add ongoing compliance and monitoring – please refer to the GCGRA Licensing Guide .

There are several types of licenses which can be obtained. For entities, this includes licenses for Gaming Operators, Gaming-Related Vendors/Suppliers, and Key Persons (Corporates). For individuals, this includes licenses for Key Persons (Individuals) and Gaming Employees.

On 28th July 2024 , the GCGRA awarded its first Lottery License to ‘The Game LLC’.

What are the key compliance principles?

One of the GCGRA’s key principles is ‘responsible gaming’, which aims to ensure that the UAE commercial gaming industry prioritises player safety, ethical gaming practices and the prevention of harm – please refer to the GCGRA Responsible Gaming Guide .

Another key principle motivating the GCGRA is to promote understanding of the risks of engaging in illegal commercial gaming activities . This includes acknowledging the risks for consumers, operators, and vendors, and complying with Supervision and Investigations , Financial Crime Prevention , and Certified Service Providers obligations.

What can we expect to see next?

The GCGRA has declared that it will establish a robust regulatory framework for the UAE’s commercial gaming industry, so we expect to see further details of the formal legal framework emerging. A flagship project which has already received much publicity is the development of the Wynn Resort in Ras Al Khaimah, which is expected to house the UAE’s first ever casino, and is already under construction.

The advent of the GCGRA is not going to lead to an opening of gambling floodgates; individual Emirates will still have discretion to adopt their own practices when it comes to the local licensing of commercial gaming businesses (for example, one might not expect to see commercial gaming businesses licensed in the emirate of Sharjah, where alcohol currently remains prohibited) and the GCGRA will want to ensure the development of the industry is carefully calibrated in line with the key principles of responsibility and consumer protection. Instead, we expect to see a careful and gradual expansion of the sector in the UAE over coming years.

Key contacts

Rosanna Gilbey

Jaleela Johnson

Related content, establishing serious harm - blake & anor v fox [2024], turkish parliament to vote on draft law to amend consumer protection law and e-commerce law.

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Trump and Allies Forge Plans to Increase Presidential Power in 2025

The former president and his backers aim to strengthen the power of the White House and limit the independence of federal agencies.

Donald J. Trump intends to bring independent regulatory agencies under direct presidential control. Credit... Doug Mills/The New York Times

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By Jonathan Swan Charlie Savage and Maggie Haberman

• Published July 17, 2023 Updated July 18, 2023

Donald J. Trump and his allies are planning a sweeping expansion of presidential power over the machinery of government if voters return him to the White House in 2025, reshaping the structure of the executive branch to concentrate far greater authority directly in his hands.

Their plans to centralize more power in the Oval Office stretch far beyond the former president’s recent remarks that he would order a criminal investigation into his political rival, President Biden, signaling his intent to end the post-Watergate norm of Justice Department independence from White House political control.

Mr. Trump and his associates have a broader goal: to alter the balance of power by increasing the president’s authority over every part of the federal government that now operates, by either law or tradition, with any measure of independence from political interference by the White House, according to a review of his campaign policy proposals and interviews with people close to him.

Mr. Trump intends to bring independent agencies — like the Federal Communications Commission, which makes and enforces rules for television and internet companies, and the Federal Trade Commission, which enforces various antitrust and other consumer protection rules against businesses — under direct presidential control.

He wants to revive the practice of “impounding” funds, refusing to spend money Congress has appropriated for programs a president doesn’t like — a tactic that lawmakers banned under President Richard Nixon.

He intends to strip employment protections from tens of thousands of career civil servants, making it easier to replace them if they are deemed obstacles to his agenda. And he plans to scour the intelligence agencies, the State Department and the defense bureaucracies to remove officials he has vilified as “the sick political class that hates our country.”

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