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This is because the marking process is inherently opinion-based: entirely dependent on and exclusively subject to personal value judgments, bias, weightings and context unique to the assessor.Simply put, grading Law papers is a matter of opinion and no two lawyers ever have an identical set of opinions!
An assessor will already have started forming an impression of the sort of grade he or she is likely to give a paper on the first glance at it.
The right structure will depend on the nature of the paper.
Dissertations and longer research essays may be organised under abstracts, tables of contents and chapters broken in subsections.
The important thing is to adopt the right structure for the type of work being prepared.
Law is a largely subjective discipline – it is a matter of opinion and quite flexible in its application.
It is quite rare to be able to pinpoint one wholly correct answer to any particular question. It is accordingly very difficult to guarantee with absolute certainty that any particular paper will be graded at any particular standard by an independent external assessor.This article provides straightforward advice as to how to write first class and upper first class papers in the general field of Law. Scoring even a 2:1 grade for a Law paper is quite an achievement.In the following commentary we will explore the sort of characteristics and qualities that an examiner or assessor is likely to expect to find in a top class paper.Indeed, even at the very top of the legal profession, no two substantive judgments of Supreme Court Justices on a given case are ever precisely the same.In fact such judgments will often differ quite widely in tone, content and emphasis and they may contradict each other entirely.It is not enough to state the law and apply it correctly if a first class grade is the target.The paper must also embody an argument or analysis that develops in a logical, natural, systematic and well ordered fashion from issue identification, through analysis and authority all the way to conclusion.Presentation should be consistent, smart and appealing.It is important to showcase and ‘package’ your work as well as you can, because first impressions count.Diligent, useful, comprehensive, specific and prolific referencing is a must if a first class grade is the target.Referencing must advance, illustrate, challenge or otherwise inform on the analysis being developed in the paper.