How to Structure a Substantive Law Essay

Question from hgf, How to Structure a Substantive Law Essay

Answer from AI:

When writing a substantive law essay, especially at a university level, it’s crucial to structure your essay effectively to ensure clarity and coherence. Below is a suggested structure for your essay on the case of Brooks v Commissioner of Police for the Metropolis, focusing on the duty of care in negligence and the balance between individual rights and public interest.

Introduction (150-200 words)

– Purpose: Introduce the main theme of the essay, which is the tension between individual rights and public interest in the context of police duties and negligence.
– Context: Briefly explain the significance of Brooks v Commissioner of Police for the Metropolis [2005] UKHL 24 and its impact on the doctrine of duty of care.
– Thesis Statement: Clearly state your position, indicating that while the emphasis on public interest is significant, individual rights should not be unduly compromised.
– Outline: Provide a brief overview of the main points you will discuss.

Main Body (1400-1600 words)

1. Background of the Case (200-300 words)

– Facts of the Case: Summarize the key facts of Brooks v Commissioner of Police for the Metropolis.
– Legal Issue: Identify the main legal issue regarding the duty of care owed by the police.

2. Duty of Care in Negligence (300-400 words)

– Definition and Elements: Explain the concept of duty of care in negligence, referencing key cases like Donoghue v Stevenson [1932] AC 562.
– Application to Police: Discuss how duty of care applies to police officers, referencing relevant case law.

3. Individual Rights vs. Public Interest (400-500 words)

– Individual Rights: Discuss the importance of protecting individual rights, referencing human rights legislation such as the Human Rights Act 1998.
– Public Interest: Explain the rationale for prioritizing public interest in certain situations, referencing cases and academic sources.
– Analysis of Brooks Case: Analyze how the court balanced these interests in Brooks, and whether the emphasis was justified.

4. Critique and Academic Perspectives (300-400 words)

– Criticism of the Decision: Present arguments that criticize the court’s decision for overemphasizing public interest.
– Support for the Decision: Provide counterarguments that support the court’s approach.
– Academic Opinions: Reference academic sources that discuss the neutrality and objectivity of law, and how these concepts apply to the case.

Conclusion (150-200 words)

– Summary: Recap the main arguments made in the essay.
– Final Thoughts: Restate your thesis in light of the discussion, emphasizing the need for a balanced approach.
– Implications: Briefly discuss the broader implications of the case for the doctrine of duty of care and the balance between individual rights and public interest.

Additional Resources

– For more information on the duty of care in negligence, you can refer to the [UK Government’s guidance on negligence](https://www.gov.uk/negligence-claims).
– To understand the impact of the Human Rights Act 1998, visit the [Equality and Human Rights Commission](https://www.equalityhumanrights.com/en/human-rights-act).

This structure should help you organize your thoughts and ensure that your essay is comprehensive and well-argued. Remember, while this guide provides a framework, it’s important to adapt it to your specific arguments and insights. For personalized advice, consider consulting with a legal professional or academic advisor.