LAW 3010 TEMPLATE FOR TERM PAPERS – ESSAY FORMAT
1. Cover page containing: title of work; author(s) name(s), SIGNATURES, and
student ID number; course name and number; date submitted.
2. Introduction containing: (a) the main question(s) to be addressed in the paper;
(b) why the question(s) is (are) important; (c) reference to the context of the
question(s), that is, the broader legal or social issues to which it is (they are)
relevant; (d) a summary of the evidence that you will be considering and from
what sources it has been obtained; (e) a summary of the arguments you will be
using; (f) a summary of the conclusion(s) you will reach.
3. Body of the paper; This should contain a statement of the question(s) to be
considered, why the questions are important; for example an essay on the
Canadian Charter of Rights and Freedoms should indicate what the Charter is and
how and why it is significant to Canadian law and society in protecting basic
human rights and freedoms against abuse by legislators and governments;
Most questions can be looked at from different perspectives and points of view.
Your essay should identify such different perspectives and points of view. If there
are many perspectives, do not necessarily consider all of them in detail. Just
mention the different possible perspectives and then focus on perhaps two main
perspectives. For example, some people consider the Charter an infringement of
democratic freedoms because it permits unelected judges to override the decisions
of elected politicians. Others see the Charter as a protection of democratic
freedoms by protecting minorities against abuse by politicians more concerned
with re-election by the electorate than with basic rights of minorities.
In addressing the sample issue above, you should identify cases, expert opinions
etc. that support the different points of view. The sources of such opinions, cases
etc. should be referred to in the text using footnotes (or endnotes) identifying the
author(s) and the publication(s) or cases in which they appear. Note that in court
decisions, there are not infrequently minority judgments. While the minority
judgment does not represent the decision of the court, it can often provide useful
authority for an alternative perspective on the issue before the court. I encourage
you to refer to minority judgments.
You should describe and weigh the different evidence and arguments
supporting the different opinions or points of view on the issues considered.
You should take a position on the relative strength of the evidence and arguments
introduced in the paper. This should depend on qualifications and reputation of
the sources of the opinions. You may find the evidence and arguments have equal
weight. That is an acceptable conclusion.
1
It is best practice to state the question, list the nature and source of the evidence
relevant to the question, then provide the arguments supporting particular points
of view. That is, try to separate the evidence from the argument in the body
of the paper. Evidence comes first then the argument AFTER YOU HAVE
CONSIDERED THE EVIDENCE.
It is important to use sections and subsections to organize your evidence and
arguments. For example, you might have a section entitled “1. History of the
Charter” organized into subsections (a), (b) and (c) based on different section
of the Charter. This makes it easier for the reader and helps you to organize your
thoughts.
4. Conclusion Your conclusion should contain a summary of the evidence and the
arguments. You should state your conclusions on the matter clearly. If the
paper is a group paper, there may be differences of opinion between or among the
authors. This is healthy and you should identify such differences. Always give
reasons for your opinions.
In the conclusion, you should also try to identify FURTHER QUESTIONS
raised by your paper. You may suggest how and why such questions might
be tackled by others.
5. Bibliography Provide at the end of the essay provide full information on each
book, article, website or other work from which you obtained opinions, evidence
or argument. You MUST cite the sources of your information, ideas, etc. in
your bibliography. Failure to do so is academic misconduct and subject to
penalties, deductions in marks or, in extreme cases, expulsion from the
University.
Websites must be cited in full and include the names of authors if given. If
opinions are anonymous, they carry much less weight. Do not assume that
opinions are authoritative just because they appear on the internet. This depends
on the reputation, qualifications and ability of the persons and organizations
making the statements.
In your bibliography, it is useful to separate lists of legal cases from books/
articles/websites etc.
6. Appendices Sometimes it is useful to include in an appendix some material that
you have relied upon as evidence. Only do so if it is not too long and if the reader
would benefit from reading the entire work. While it is preferable to quote from
such works in the body of your paper, the reader may benefit from reading the
broader context of the quotation(s).
2
7. End notes. When you are presenting your evidence and argument, you must enter
in the text an end note number. The end notes should be assembled in order at the
end of the essay and contain references to the sources you use at the particular
point of the essay the essay. As you must fully cite the case or other source of
information in your bibliography, it will be most convenient for you to refer in the
footnote to “Vriend, page 54,” rather than the full citation.
QUOTING FROM SOURCES. It is appropriate to quote the words of particular
sources, which must be clearly referenced. However, mere parroting the words of an
expert does not guarantee that you will convince the reader you UNDERSTAND
what your source has written. As you will be graded on your UNDERSTANDING of
the issues, including quotations from experts, it is VITAL that you explain to the
reader what YOUR understanding is of the quotations from other sources.
SUPREME COURT OF CANADA CASES ARE AVAILABLE ON LINE BACK
TO 1983. PROVINCIAL APPEAL COURT AND LOWER COURT CASES ARE
AVAILABLE ON LINE BUT NOT NORMALLY AS FAR BACK AS THE
SUPREME COURT OF CANAD CASES. CANADIAN CASES NOT AVAILABLE
ON LINE ARE USUALLY AVAILABLE IN THE LETHBRIDGE COURTHOUSE
LIBRARY. SOME ENGLISH AND U.S. CASES ARE ALSO AVAILABLE
THERE. SUCH CASES ARE HELPFUL IN CITING ACADEMIC ARTICLES
ON THE ISSUES, SOME OF WHICH WILL BE AVAILABLE IN THE
COURTHOUSE LIBRARY. IF NOT, THEY MAY BE IN THE U OF L LIBRARY
ON THE SHELVES OR ON LINE. IF NOT YOU CAN ORDER AN INTERLIBRARY LOAN. THESE CAN TAKE UP TO A WEEK TO ARRIVE.
YOU ARE FREE TO READ THEIR MATERIAL BUT NOT BORROW IT. YOU
CAN HAVE PAGES PHOTOCOPIED BUT IT IS AT LEAST TWICE WHAT IT
COSTS AT THE U OF L. THE LIBRARIAN GRANT JANSEN IS EXTREMELY
KNOWLEDGEABLE AND HELPFUL. NOTE YOU WILL UNDERGO A
SECURITY CHECK WHEN ENTERING THE COURTHOUSE SO DO
REMEMBER TO LEAVE YOUR KNIVES AND SCREWDRIVERS IN YOUR
CAR OR AT HOME.
THOSE OF YOU WHO PURCHASED THE EIGHTH EDITION OF YATES
SHOULD ACCESS THEIR COMPANION WEBSITE AND OTHER SOURCES
REFERRED TO IN THE PREFACE OF THE BOOK.
PLEASE CONTACT ME IF YOU REQUIRE CLARIFICATION OR MORE
INFORMATION.
3