examples of law assignments

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Being a student always means having to deal with loads of homework. This statement is true for all students, regardless of their academic level or the major they choose to study. However, while the scope of homework is about the same for everyone, the types of assignments can slightly vary depending on the subject that you study.

In this article, we are going to tell you about the four main homework types facing law students, in particular. So, if you are a law student yourself, read on to learn what will be expected of you in a law school. 

Practice Homework

The first and the most common of the four main homework types is practice homework. The core goal of such assignments is to help students expand their knowledge and reinforce their newly-acquired skills by means of putting them to practice. This kind of homework is the one that makes the most of the academic program, which is why law students struggle with it the most.

The most common assignment that represents this type of homework is essay writing. Just like the rest of their peers, law students are being assigned dozens of essays and other academic papers every year. A load of such assignments is so huge that students often look for the write my essay online writing services and platforms. But, it is an integral part of the educational process, so there is no way to avoid academic writing.

Some other examples of practice homework that you can face in a law school can include:

• Memorizing local laws;
• Reading court records;
• Examining subject-related literature, etc.

Extension Homework

The second one of the four main homework types is extension homework. In a nutshell, this type of homework is used by professors to encourage their students to pursue knowledge individually and in ways that are more imaginative than simply reading a textbook. Also, extension assignments are used to help students connect what they learn in the classroom with real-life and apply their existing skills to expand their knowledge.

Common types of law assignments that represent this type of homework include:

• Writing literature reviews;
• Researching local law news;
• Compare and contrast events, etc.

Creative Homework

Despite the fact that law students spend most of their time studying complex and serious subjects, there is still a place for the next type of homework – creative homework in their curriculums. As you can guess from its name, this type of homework often takes different creative forms. The key goal is to help students develop problem-solving and critical thinking skills through completing creative projects.

There are plenty of examples of creative homework assignments that you can face in a law school. Basically, pretty much any type of individual project can be considered a creative homework assignment. However, to help you grasp the idea, here are a few examples of the most common law assignments of this type:

• Research projects;
• Photo essays;
• PowerPoint presentations, etc.

Preparatory Homework

Finally, the last of the four types of homework is preparatory homework. The key goal of such homework is to help students gain solid background on a specific unit of study in order to prepare them for future lessons. Simply put, preparatory homework is the type of homework that helps you collect initial knowledge on the subject you are studying. And it can also be called one of the most common types of assignments facing law and other students.

What assignments can be considered as preparatory homework? In fact, there are many. To name a few, here are some of the most common examples of this type of homework:

• Tests and exams;
• Completing exercises from the workbook;
• Reading textbook chapters to prepare for the next lesson, test, discussion, etc.

The Bottom Line

Whether you are just planning to enroll in a law school or are already a law student, knowing about different types of homework that you will have to deal with can empower you for better academic achievements.

After reading this article, you should have a better idea of different homework types that you can face studying in a law school. Hopefully, this will help you prepare for your academic path and ensure success.

Camilla Uppal

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Law Essay Examples

10+ Winning Law Essays Examples | Boost Your Grades Now

Published on: May 8, 2023

Last updated on: Jul 19, 2024

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Are you looking for inspiration to get started on your law essay? If so keep reading! 

As a law student, you're expected to have excellent writing skills. Your essays should be well-structured, articulate, and persuasive. However, it's not always easy to know where to start or how to approach your writing. 

That's where law essay examples come in - they provide a valuable resource that can help guide you through the process.

In this blog, we'll explore the law essay examples on different topics. Moreover, we will analyze the structure and format of a law essay. 

So, let's get started!

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What is a Law Essay? 

A law essay is a written assignment that requires the writer to analyze and evaluate legal issues, cases, or concepts. 

The purpose of a law essay is to demonstrate a student's understanding of the subject matter. It also shows the student's ability to present an argument in a concise manner. 

Want to gain more knowledge on how to write a high-quality law essay? Check out this video for insightful tips!

University Law Essay Examples

Let's take a closer look at some excellent university law essay examples that highlight the proper use of references.

Law Reflective Essay Example

Law Enforcement Essay Example

Law Reform Essay Example

Law Research Essay Example

Below, you will find some additional law essay samples that you may come across in your university assignments.

First Class Law Essay Example

Law School Transfer Essay Example

Law Essay Format and Structure

A well-structured and formatted law essay is essential for receiving high marks. Here are some key elements that should be included:

1. Introduction

• The introduction should introduce the main arguments of the essay.
• The first sentence should be attention-grabbing.
• The introduction should provide concise information about the broader significance of the topic.
• It should lead into the body of the essay.
• Each paragraph should have a clear topic sentence.
• The paragraph should include supporting evidence and analysis.
• The paragraphs should be logically connected.

3. Conclusion:

• The conclusion should summarize the main arguments of the essay.
• It should not introduce new information.
• It should demonstrate the significance of the arguments.

Let's take a look at an example of a well-structured law essay:

Check out the following pdfs for a better understanding:

Law Essay Format pdf

Law Essay Introduction Example pdf

Specific Law Essay Topics

Let's take a look at some specific law essay topic examples that can provide a foundation for deeper analysis.

Criminal Law Essay Example

Case Law Essay Example

Law Case Analysis Essay Example

Contract Law Essay Example

Ilac Law Essay Example

Public Law Essay Example

Critical Analysis Law Essay Example

Contract Law Essay Example Offer Acceptance

Additional Law Essay Samples

Let's explore some of the most frequently assigned law essay topics for writing assignments.

Development of Welfare Legislation for Animal Testing

Legal Analysis of Donald Trump's Leadership Style

Torts of Negligence and Battery in Medical Law

The Frustration of Contract in the Coronation Cases

Effectiveness of Gun Control Laws in the United States

The Unjust Intersection of Police Brutality and Racism

Nike Faces Gender Discrimination Lawsuit

A Dream to Become a Lawyer

Hate Crime Laws

Law Essay Writing Tips and Best Practices

Writing a law essay can be a rewarding and fulfilling experience. Here are some tips and best practices to help you write a successful law essay:

• Understand the assignment: Before you start writing your essay, make sure you understand the assignment requirements. This includes the topic, formatting requirements, and any specific instructions from your professor.
• Research extensively: A good law essay requires thorough research on the topic. Make use of primary and secondary sources, such as case law, legal journals, and academic articles, to support your arguments.
• Plan your essay: Before you start writing, plan your essay structure. This includes an introduction, body paragraphs, and a conclusion. The body paragraphs should be organized logically, with each paragraph focusing on a specific point or argument.
• Use clear and concise language: The language used in a law essay should be clear, concise, and precise. Avoid using jargon or technical terms that may be unfamiliar to the reader. Use plain language that is easy to understand.
• Cite your sources: In a law essay, it is important to cite your sources properly. Use the appropriate citation style, such as APA or MLA.  Make sure to include a bibliography or reference list at the end of your essay.
• Use reputable sources: Ensure that your sources are reputable and reliable. Use academic databases, such as LexisNexis or Westlaw, to find legal cases and journal articles.
• Seek feedback: It can be helpful to seek feedback from your professor or a peer before submitting your essay. This can help you identify any areas that need improvement and ensure that your arguments are persuasive and well-supported

Common Mistakes To Avoid In Law Essay Writing

Here are some most common mistakes to avoid when writing a law essay:

• Failing to answer the question: Make sure that your essay clearly answers the question posed.
• Lack of clarity: Ensure that your essay is clear, concise, and well-organized.
• Plagiarism: Avoid plagiarism by properly citing all sources used in your essay.
• Inaccurate legal analysis: Ensure that your legal analysis is accurate and supported by legal authority.
• Poor syntax: Use proper grammar and syntax to ensure that your essay is well-written and easy to understand.

How To Edit And Proofread Your Law Essay 

Here are some great tips to perfect your law essay:

• Take a break: Take a break before editing and proofreading to ensure a fresh perspective.
• Review for clarity: Review your essay for clarity, ensuring that your arguments are well-supported and easy to understand.
• Check for accuracy: Check your essay for accuracy, including legal analysis and citations.
• Check for grammar and spelling: Check for proper grammar, spelling, and punctuation.
• Read aloud: Read your essay aloud to catch any errors or awkward phrasing.

To sum it up!

Writing a law essay requires careful planning, extensive research, and attention to detail. Throughout this blog, we have explored different law essay examples. We have also discussed the format and structure of a well-written law essay. 

By avoiding common mistakes and following best practices, you can write a successful essay. However, if you find yourself struggling with your law essay, do not hesitate to seek help from CollegeEssay.org .

We offer top-quality essay writing service to students at all academic levels. 

Get in touch with our law essay writing service now and say ' write my essay ' and let us help you achieve your academic goals!

Also, give our AI essay writing tools a try!

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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.

Start Writing Like A Lawyer

Read our legal writing tips now

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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Five Tips for a Great Legal Writing Assignment

September 25, 2012 By Lee Burgess 2 Comments

• Follow the format outlined by your professor. It is likely your legal writing professor has given you instructions for the overall format of your legal writing assignment. In addition, your professor may have given you formatting instructions for the body of your assignment, such as that you need to follow IRAC. Whatever the instructions, follow them . Sure, you may think it is an overly formal or a frustrating way to write—but to be honest, no one cares. You need to write for your professor . It is more important to write in the way your professor has outlined, than as you personally prefer. And it is not going to be the last time your writing will need to conform to someone else’s rules. As a working attorney you often need to write in the format requested by your boss or even by the court. So get used to it!
• Remember, your writing doesn’t need to be full of legalese—the best legal writing is often simple! So many law students make the mistake of thinking that to “sound like a lawyer” they must use every possible legal term out there. This is just not the case. Often the most effective legal writing is very clear and concise and only uses legal terms or “legalese” when appropriate (say, when you are using a term of art). It is also important to work on writing in a clear, concise way because your assignments may have maximum word count. So using extra words to sound “more professional” won’t really help your grade in the end.
• Answer the question asked by your assignment. Often students get so caught up in writing their assignment that they forget to focus on the question that was asked of them. It is important to read and re-read (and even read again) the assignment sheet. You don’t want to make a mistake and write something off topic. Remember, answering the question is key to getting a good grade!
• Plan before you write. A great legal writing assignment is organized. And for most of us this means that you need to plan your paper just as you would plan an essay or any other project. Organization is key and it takes time to sit with the research and develop your answer. Make sure you build this time into your plan of how you are going to get your assignment done.
• Proofread and double-check citations. As an attorney-in-training, it is very important to present yourself in a professional way. That means that you need to proofread your assignments to present yourself in a professional way to your professor as well. If your assignment is riddled with typos, it is distracting for the professor and likely will cause your grade to drop. Also, students often are lax when handling citations. You are typically graded on the accuracy of your citations. Citations are not hard, but you must be detail oriented and look things up! I have seen many a legal writing grade go down because students didn’t spend adequate time or energy on citations. Don’t let this happen to you.

Legal writing, like most things, gets easier the more that you do it. So do every practice assignment assigned and get as much feedback as you can. This will help you become an excellent legal writer, which is a critical skill in our profession.

Check out these other helpful posts:

• Surviving the first weeks of law school .
• Law school exam prep 101 .
• Getting feedback on past exams is critical .
• Pay attention in class, it can save you time !

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About Lee Burgess

Lee Burgess, Esq. is the co-founder of the Law School Toolbox , a resource for law students that demystifies the law school experience and the Bar Exam Toolbox , a resource for students getting ready for the bar exam. Lee has been adjunct faculty at two bay area law schools teaching classes on law school and bar exam preparation. You can find Lee on Twitter at @leefburgess , @lawschooltools , & @barexamtools .

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Thank very much for the tips i have just read they been beneficial to me because am a distance law school student.

I need more guide to legal writing because am lecturing this course for Magistrates

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How to Write a Law Assignment

Table of Contents

Mastering the Art of Writing Law Assignments

What types of law assignments exist, skills to succeed, how to write a law assignment stage-by-stage, pre-writing stage:, here is what your outline may look like:, let’s talk in detail about the exact process of law essay writing, how to avoid mistakes, additional sources.

Summary: Writing a law assignment involves a step-by-step process: introduction, body paragraphs, supporting evidence, counter-arguments, and conclusion. Proper citation, referencing, and proofreading are essential.

Legal studies were, are, and always will be an essential discipline for society and its development. Law students pursue a legal education to become lawyers, judges, advocates, or other legal professionals. They study various legal topics, including contracts, torts, criminal law, and constitutional law. Law students are typically required to complete various assignments as part of their coursework, including legal research papers, case briefs, law essay writing, and moot court arguments.

Law assignments are vital to legal education and are critical in helping students develop their skills. “The major law assignment styles aim to improve your analytical skills, your ability to apply legal principles and theory, and to write simply and concisely”. These tasks will for sure help in your future career. Therefore, it is important to understand how to write a law assignment properly.

This blog post provides tips and guidelines to help you confidently approach your law assignments and produce high-quality work that meets the standards of the legal profession. AssignmentBro is ready to help you understand how to write a clear and effective law assignment.

There are a wide variety of law assignments. It all depends on the discipline and other details of your specific studies. Here are some examples:

• Case briefs involve analyzing and summarizing a specific legal case. Students are required to identify the key issues, relevant facts, applicable laws, the reasoning of the court, and the final decision.
• Research papers demand law students to delve deep into a specific legal topic or issue. They involve extensive research, analyzing relevant statutes and case law, and presenting arguments based on scholarly sources. Research papers often require a thesis statement, literature review, methodology, analysis, and conclusion.
• Essays in law focus on exploring and presenting arguments on a particular legal question or issue. Essays allow students to showcase their understanding of legal principles and ability to analyze and argue a position critically.
• Moot court briefs simulate the preparation of written arguments for a hypothetical appellate court case. Students must study the legal concerns, create compelling arguments, and reference pertinent legal sources to defend their position.
• Legal memoranda or legal analysis must contain a detailed analysis of the applicable laws and their application to the case. Memoranda are frequently used in legal studies, particularly for public law assignments.
• Case comments are when students are expected to summarize the key aspects of the case, discuss its implications, and provide their insights on the topic.

Sounds huge. No worries, though! AssignmentBro is right here to provide you with all the information you need to succeed in your law assignment writing and to provide you with law assignment writing help.

To work in law, you need different soft and hard skills to be a lawyer or an advocate. What about the specific skills for writing assignments? Let’s talk about them.

Writing and presenting excellent legal essays may require the following:

• Analytical Thinking: Law assignments require the ability to critically analyze legal issues, identify relevant facts, and apply legal principles to reach well-reasoned conclusions.
• Research Capabilities: Effective research capabilities involve using legal databases, understanding citation formats, and evaluating the credibility and authority of sources.
• Articulation of Arguments: Students should present their analysis and reasoning logically and coherently with excellent communication and presentation skills.
• Understanding of Legal Concepts: A solid understanding of legal concepts and principles is crucial for writing law assignments.
• Legal Writing Style: Adherence to a specific writing style that is concise, precise, and authoritative is vital. Proper citation of legal sources using recognized citation formats (such as Bluebook citation style, APA, or MLA) is also essential.
• Critical Analysis of legal arguments, evaluating strengths and weaknesses, and offering balanced assessments are often involved in law tasks.
• Attention to Detail: Careful attention to detail enhances the credibility and professionalism of the assignment.
• Time Management: The quality of the final submission is ensured by sticking to deadlines, leaving enough time for revisions and editing.

By honing these skills and applying them consistently, any student can improve their ability to write a law assignment more effectively.

The legal task must go through several critical stages to be well-structured and successful. Here is a step-by-step guide on how to write a law assignment:

• Carefully read and comprehend the assignment instructions provided by your lecturer or professor. Pay attention to the requirements, word limit, formatting guidelines, and specific questions or prompts.
• Choose your assignment subject. If you struggle with choosing the right one, glance at the law topics we created.
• Before starting the writing process, begin background research to become familiar with the subject and find pertinent legal statutes, cases, and theories. You can use this to develop a solid knowledge base to support your arguments.
• As you research, take notes! Record key points, relevant quotations, and references to legal authorities.
• Create a clear thesis statement or argument based on your initial research and grasp of the subject. It will be your writing’s direction. The thesis should present your main point or position on the discussed legal issue.

Create an outline to structure your thoughts and provide a roadmap for your assignment. 

An outline ensures a logical flow and allows you to arrange your thoughts. Include the main sections or headings you plan to cover, sub-points, and supporting evidence for each. Here are the elements that should be part of an outline:

• Hook or attention-grabbing statement to engage the reader.
• Background information on the topic to provide context.
• A thesis statement/main argument to clearly state your position/main points.
• Break down your main argument or topic into sub-points.
• Evidence, examples, or relevant legal authorities should support each main argument.
• Under each main argument or point, reference supporting evidence, such as legal precedents, case studies, or relevant legal theories.
• Include an analysis of the evidence, explaining how it supports your argument and strengthens your position.
• Address potential counterarguments or opposing viewpoints related to your main arguments.
• Refute counterarguments with solid reasoning, evidence, or alternative interpretations.
• Summarize the main arguments or points you have discussed throughout your assignment.
• Provide a sense of closure by reflecting on the significance of your findings.

Remember, the outline serves as a guide, and you can adapt it based on your assignment’s specific requirements and the topic’s complexity.

Let’s imagine that you write a criminal law assignment .

I. Introduction

• Definition and overview of criminal law.
• Purpose of the assignment.
• Thesis statement or main argument.

II. Elements of a Crime

• Actus reus: Discussing the physical act or conduct required for a crime.
• Mens rea: Explaining the mental state or intent necessary for criminal liability.
• Causation: Analyzing the causal link between the act and the harm caused.
• Concurrence: Discussing the requirement that the act and intent coincide.

III. Classification of Crimes

• Felonies: Explaining the characteristics and examples of felony offenses.
• Misdemeanours: Discussing the characteristics and examples of misdemeanor offenses.
• Infractions: Explaining the characteristics and examples of minor offenses.

IV. Criminal Defeses

• Justifications: Exploring defenses such as self-defense, necessity, and defense of others.
• Excuses: Discussing defenses like duress, insanity, and intoxication.
• Procedural Defenses: Analyzing defenses related to the rights of the accused, such as unlawful search and seizure, Miranda rights, etc.

V. Criminal Procedure

• Arrest and Search: Discussing the requirements and limitations for lawful arrest and search.
• Due Process: Exploring the constitutional rights of the accused, such as the right to counsel, the right to a fair trial, etc.
• Trial Process: Analyzing the steps involved in a criminal trial, including jury selection, opening statements, presentation of evidence, etc.
• Sentencing: Discussing the factors considered in determining an appropriate sentence for a convicted offender.

VI. Notable Criminal Law Cases

• Analyzing significant criminal law cases that have shaped legal principles or influenced the interpretation of criminal statutes.
• Discussing the impact of these cases on the development of criminal law jurisprudence.

VII. Contemporary Issues in Criminal Law

• Exploring current debates or challenges in criminal law, such as emerging technologies, cybercrimes, or criminal justice reform.
• Analyzing the potential implications and future developments in the field.

VIII. Conclusion

• Summarizing the main points and arguments presented.
• Assessing the effectiveness and significance of criminal law in maintaining social order and protecting individuals’ rights.

It’s important to follow the structure of the assignment:

• Begin with an attention-grabbing opening sentence or hook to engage the reader.
• Provide relevant background information to set the context of the topic.
• Clearly state the purpose of the assignment and what you aim to achieve.
• Conclude the introduction with a concise thesis statement that outlines your main argument or position.
• Ensure your thesis statement is concise, specific, and directly addresses the main focus of your assignment.
• Each body paragraph should focus on a single main point or argument that supports your thesis statement.
• Provide evidence, examples, or legal authorities to support your arguments.
• Break down complex legal concepts or theories into understandable terms.
• Support your arguments with well-reasoned analysis and relevant legal authorities.
• Cite relevant legal statutes, case law, regulations, or academic sources to support your claims.
• Ensure you accurately and appropriately cite your sources using the required citation style (e.g., Bluebook, APA, MLA).
• Anticipate potential counterarguments and address them directly and objectively.
• Summarize the main points or arguments discussed in your assignment.
• Avoid introducing new information in conclusion.
• Create a bibliography of your resources. It will help to avoid plagiarism. AssignmentBro supplies you with an incredible citation generator tool if you have trouble with quotations.
• Allocate sufficient time for proofreading and editing to eliminate spelling, grammar, and punctuation errors. This stage is crucial and should not be avoided!
• Review the overall structure, coherence, and clarity of your writing.
• Ensure consistency in formatting, citation style, and referencing.

We want to highlight that strategy changes depending on the provided requirements. For example, there is also such a thing as an ACT essay. For the ACT essay, you’ll need an introduction, two to three body paragraphs (at least one paragraph for each perspective), and a conclusion.

By following these guidelines, you can succeed in law school essay writing!

Receiving help with legal studies assignments is helpful for developing analytical skills, applying correct legal principles, and writing tasks concisely.

It is not a regular task to write a legal paper. Thus, it’s completely acceptable for some students to make mistakes. We are humans, and we learn through making mistakes. However, it is best to avoid mistakes most students experience to succeed in your assignment.

The next common errors are highlighted:

• Writing in the passive;
• Using ambiguous pronouns;
• Unnecessary wordiness;
• Over-using legalese;
• Neglecting to proofread.

Other mistakes include: making an essay too long or short, drafting a legal essay without arguments, submitting an essay without a bibliography , fluffing the conclusion, etc.

The only way to eliminate mistakes is a dedication to your work and continuous practice! For this reason, It’s crucial to learn how to write a law assignment properly.

Learning more is never too late. Below, we added a few extra resources to help you learn more about legal writing:

• Many Birds, One Stone, Michael R. Smith;
• Legal Writing, Linda H. Edwards;
• Legal Writing in a Nutshell, L.Bahrych and J.Merino;
• Law Assignment Techniques.
• Writing Law Essays, M.Salter and J.Mason.

We hope it will ease your way to success in your legal education. Write a law assignment easily with AssignmentBro!

Our team can aid you with any kind of legal writing. Whether it is a contract law assignment, international law research, or any other kind of legal assignment, we are here to lend you a hand!

Law assignments help develop analytical skills, apply legal principles, and write concisely. They involve various types of writing, including case briefs, research papers, essays, and memoranda.

The pre-writing stage is vital. Even selecting a topic has a significant impact on your paper. For instance, topics in business Law can be really broad, so you should choose wisely.

Avoid mistakes by studying how to write a law assignment. AssignmentBro is always there to help you with any law task!

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Law Search Guide: Write Law Assignments

• Get ready for my first semester
• Build a search strategy
• Search a new area of law
• Search secondary sources (books/journals)
• Search for Cases
• Search for Legislation
• Search for International Law
• Critical Evaluation
• Write Law Assignments
• Record your results
• Law Search Example
• Law Guide This link opens in a new window

How do I? 

eBook- Exams and Studying

• Assignment Scheduler

Throughout your law studies , you will need to complete a variety of different assignments. See below to explore four different forms of assignments ​​​​​​.

• What goes into a case note?
• Tips by Students
• Step-by-Step
• Case Note Examples

A case note is a summary or a summary and critical analysis of a case.

 A case note will usually include:

• Citations details-   include the full citation details. 
• Procedural history-   write about how the matter came to court if there is a history, e.g. is the case on appeal?
• Facts-   Explain the main points of the dispute or the reason the parties are in court. What orders or decision as they asking the court to make?
• Legal Issues-  Explain what the legal issues are and how they apply to the facts. 
• Decision summary-  What did the court decide and why? What was the ratio (the rule of law on which the decision is based) and was there any obiter (the Judge's opinion that isn't essential to the decision).  Also include and dissenting Judges where applicable. 
• Critical Analysis-  Some case   notes will also require you to critically analysis the case, this will involve looking at the case in the wider body of law and discuss the merit or importance of the points of law raised in the case.   

You usually have a strict word count for your case note, because of this limit the detail that you have for the background information and focus on the analysis.  

Tip:  Always read through your assignment instructions for specific information that will apply to your assessment task.  

Read advice from other law students on how to survive law school. These links come from the  Survive Law Blog .

• How to Write a Case Note
• Case note assignments This online tutorial from Monash University will take you step by step through writing a case note.
• Case Note: Betting Across Boarders This case note examines the recent High Court decision of Betfair Pty Limited v Western Australia.
• Case Note: Australian Securities and Investment Commission v MacDonald Australian Securities and Investments Commission v Macdonald [No 11] required the New South Wales Supreme Court to determine whether company directors and officers of James Hardie Industries Ltd had breached their duties.
• Case Note: Giller v Procopets This casenote deals with the claims concerning the videoing of the sexual encounters between the parties and the exhibition and/or distribution of the video to third parties.
• Essay Template
• A Visual Guide to Essay Writing
• eBooks on Legal Writing
• Reading Cases
• Tips Written by Law Students
• CDU Honors Research Papers

• AGLC Template You can use this template to help you with formatting.

This resource uses a visual approach to take students through the process of essay writing for University. Although not law specific this resource will demonstrate formulating, refining and expressing academic essay writing:

One of the best ways to develop your writing skills is to read. Reading will expose you to different styles of writing and through reading you will form your own style. Think about the reports and cases that you read that frustrated you in finding out what the main ratio was. Compare that to this recent well written coroners report: 

• Inquest into the deaths of William George Scott [2015 ] NTMC 022 & Lanh Van Tran [2015] NTMC 023

Read advice from other law students on how to survive law school. These links come from the  Survive Law Blog :

• Five Tips for Writing Awesome Assignments
• Tips from your Tutor: How to Write the Perfect Law Essay Introduction
• Writing Convincing Assignments: Critical Analysis Checklist

This is a list of CDU student papers that were submitted for the Honours Research Papers. These are excellent examples of legal writing. 

• Double Jeopardy Reform: Political Expediency of Much Needed Change?
• The Euthanasia Fallacy: Why it is time to regulate in Australia
• Everybody Knows: Snowden's NSA Leaks, Metadata And Privacy Implications For Australia
• Intellectual Disability in the Australian Criminal Justice System
• New South Wales Right To Silence Reforms: Maximum Admissions, Minimum Silence
• Same-Sex Parents: Won't Somebody Please Think Of The Children!
• Testamentary Capacity & Rational Suicide: the Law, Medicine & Safe-guarding your Intentions
• Problem Solving Questions
• eBook on Problem Solving

• Tips from your Tutor: 10 Ways to Improve your Problem Solving Assignment
• Using IRAC to Answer Problem Solving Questions
• Introduction
• Preparing for a Law Exam
• Past Exam Papers from CDU

Exams come in different formats, they can be:

• Invigilated open book exam
• Invigilated closed book exam
• Take home exam

Read advice from other law students on how to survive law school. These links come from the  Survive Law Blog : 

• Advice from your Tutor: Law Exam Preparation and Technique
• Exam Countdown: Making the most of the Last 24 Hours
• How to Make an Exam Answer Template
• How to Make a Study Timetable for Exams
• How to Study for a Closed Book Exam

• << Previous: Critical Evaluation
• Next: Record your results >>
• Last Updated: Feb 26, 2024 11:05 AM
• URL: https://libguides.cdu.edu.au/lawresearch

How to write a case brief for law school: Excerpt reproduced from Introduction to the Study of Law: Cases and Materials,

Third Edition (LexisNexis 2009) by Michael Makdisi & John Makdisi

C. HOW TO BRIEF

The previous section described the parts of a case in order to make it easier to read and identify the pertinent information that you will use to create your briefs. This section will describe the parts of a brief in order to give you an idea about what a brief is, what is helpful to include in a brief, and what purpose it serves. Case briefs are a necessary study aid in law school that helps to encapsulate and analyze the mountainous mass of material that law students must digest. The case brief represents a final product after reading a case, rereading it, taking it apart, and putting it back together again. In addition to its function as a tool for self-instruction and referencing, the case brief also provides a valuable “cheat sheet” for class participation.

Who will read your brief? Most professors will espouse the value of briefing but will never ask to see that you have, in fact, briefed. As a practicing lawyer, your client doesn’t care if you brief, so long as you win the case. The judges certainly don’t care if you brief, so long as you competently practice the law. You are the person that the brief will serve! Keep this in mind when deciding what elements to include as part of your brief and when deciding what information to include under those elements.

What are the elements of a brief? Different people will tell you to include different things in your brief. Most likely, upon entering law school, this will happen with one or more of your instructors. While opinions may vary, four elements that are essential to any useful brief are the following:

(a) Facts (name of the case and its parties, what happened factually and procedurally, and the judgment)

(b) Issues (what is in dispute)

(c) Holding (the applied rule of law)

(d) Rationale (reasons for the holding)

If you include nothing but these four elements, you should have everything you need in order to recall effectively the information from the case during class or several months later when studying for exams.

Because briefs are made for yourself, you may want to include other elements that expand the four elements listed above. Depending on the case, the inclusion of additional elements may be useful. For example, a case that has a long and important section expounding dicta might call for a separate section in your brief labeled: Dicta. Whatever elements you decide to include, however, remember that the brief is a tool intended for personal use. To the extent that more elements will help with organization and use of the brief, include them. On the other hand, if you find that having more elements makes your brief cumbersome and hard to use, cut back on the number of elements. At a minimum, however, make sure you include the four elements listed above.

Elements that you may want to consider including in addition to the four basic elements are:

(e) Dicta (commentary about the decision that was not the basis for the decision)

(f) Dissent (if a valuable dissenting opinion exits, the dissent’s opinion)

(g) Party’s Arguments (each party’s opposing argument concerning the ultimate issue)

(h) Comments (personal commentary)

Personal comments can be useful if you have a thought that does not fit elsewhere. In the personal experience of one of the authors, this element was used to label cases as specific kinds (e.g., as a case of vicarious liability) or make mental notes about what he found peculiar or puzzling about cases. This element allowed him to release his thoughts (without losing them) so that he could move on to other cases.

In addition to these elements, it may help you to organize your thoughts, as some people do, by dividing Facts into separate elements:

(1) Facts of the case (what actually happened, the controversy)

(2) Procedural History (what events within the court system led to the present case)

(3) Judgment (what the court actually decided)

Procedural History is usually minimal and most of the time irrelevant to the ultimate importance of a case; however, this is not always true. One subject in which Procedure History is virtually always relevant is Civil Procedure.

When describing the Judgment of the case, distinguish it from the Holding. The Judgment is the factual determination by the court, in favor of one party, such as “affirmed,” “reversed,” or “remanded.” In contrast, the Holding is the applied rule of law that serves as the basis for the ultimate judgment.

Remember that the purpose of a brief is to remind you of the important details that make the case significant in terms of the law. It will be a reference tool when you are drilled by a professor and will be a study aid when you prepare for exams. A brief is also like a puzzle piece.

The elements of the brief create the unique shape and colors of the piece, and, when combined with other pieces, the picture of the common law takes form. A well-constructed brief will save you lots of time by removing the need to return to the case to remember the important details and also by making it easier to put together the pieces of the common law puzzle.

D. EXTRACTING THE RELEVANT INFORMATION: ANNOTATING AND HIGHLIGHTING

So now that you know the basic elements of a brief, what information is important to include under each element? The simple answer is: whatever is relevant. But what parts of a case are relevant? When you read your first few cases, you may think that everything that the judge said was relevant to his ultimate conclusion. Even if this were true, what is relevant for the judge to make his decision is not always relevant for you to include in your brief. Remember, the reason to make a brief is not to persuade the world that the ultimate decision in the case is a sound one, but rather to aid in refreshing your memory concerning the most important parts of the case.

What facts are relevant to include in a brief? You should include the facts that are necessary to remind you of the story. If you forget the story, you will not remember how the law in the case was applied. You should also include the facts that are dispositive to the decision in the case. For instance, if the fact that a car is white is a determining factor in the case, the brief should note that the case involves a white car and not simply a car. To the extent that the procedural history either helps you to remember the case or plays an important role in the ultimate outcome, you should include these facts as well.

What issues and conclusions are relevant to include in a brief? There is usually one main issue on which the court rests its decision. This may seem simple, but the court may talk about multiple issues, and may discuss multiple arguments from both sides of the case. Be sure to distinguish the issues from the arguments made by the parties. The relevant issue or issues, and corresponding conclusions, are the ones for which the court made a final decision and which are binding. The court may discuss intermediate conclusions or issues, but stay focused on the main issue and conclusion which binds future courts.

What rationale is important to include in a brief? This is probably the most difficult aspect of the case to determine. Remember that everything that is discussed may have been relevant to the judge, but it is not necessarily relevant to the rationale of the decision. The goal is to remind yourself of the basic reasoning that the court used to come to its decision and the key factors that made the decision favor one side or the other.

A brief should be brief! Overly long or cumbersome briefs are not very helpful because you will not be able to skim them easily when you review your notes or when the professor drills you. On the other hand, a brief that is too short will be equally unhelpful because it lacks sufficient information to refresh your memory. Try to keep your briefs to one page in length. This will make it easy for you to organize and reference them.

Do not get discouraged. Learning to brief and figuring out exactly what to include will take time and practice. The more you brief, the easier it will become to extract the relevant information.

While a brief is an extremely helpful and important study aid, annotating and highlighting are other tools for breaking down the mass of material in your casebook. The remainder of this section will discuss these different techniques and show how they complement and enhance the briefing process.

Annotating Cases

Many of you probably already read with a pencil or pen, but if you do not, now is the time to get in the habit. Cases are so dense and full of information that you will find yourself spending considerable amounts of time rereading cases to find what you need. An effective way to reduce this time is to annotate the margins of the casebook. Your pencil (or pen) will be one of your best friends while reading a case. It will allow you to mark off the different sections (such as facts, procedural history, or conclusions), thus allowing you to clear your mind of thoughts and providing an invaluable resource when briefing and reviewing.

You might be wondering why annotating is important if you make an adequate, well-constructed brief. By their very nature briefs cannot cover everything in a case. Even with a thorough, well-constructed brief you may want to reference the original case in order to reread dicta that might not have seemed important at the time, to review the complete procedural history or set of facts, or to scour the rationale for a better understanding of the case; annotating makes these tasks easier. Whether you return to a case after a few hours or a few months, annotations will swiftly guide you to the pertinent parts of the case by providing a roadmap of the important sections. Your textual markings and margin notes will refresh your memory and restore specific thoughts you might have had about either the case in general or an individual passage.

Annotations will also remind you of forgotten thoughts and random ideas by providing a medium for personal comments.

In addition to making it easier to review an original case, annotating cases during the first review of a case makes the briefing process easier. With adequate annotations, the important details needed for your brief will be much easier to retrieve. Without annotations, you will likely have difficulty locating the information you seek even in the short cases. It might seem strange that it would be hard to reference a short case, but even a short case will likely take you at least fifteen to twenty-five minutes to read, while longer cases may take as much as thirty minutes to an hour to complete. No matter how long it takes, the dense material of all cases makes it difficult to remember all your thoughts, and trying to locate specific sections of the analysis may feel like you are trying to locate a needle in a haystack. An annotation in the margin, however, will not only swiftly guide you to a pertinent section, but will also refresh the thoughts that you had while reading that section.

When you read a case for the first time, read for the story and for a basic understanding of the dispute, the issues, the rationale, and the decision. As you hit these elements (or what you think are these elements) make a mark in the margins. Your markings can be as simple as “facts” (with a bracket that indicates the relevant part of the paragraph). When you spot an issue, you may simply mark “issue” or instead provide a synopsis in your own words. When a case sparks an idea — write that idea in the margin as well — you never know when a seemingly irrelevant idea might turn into something more.

Finally, when you spot a particularly important part of the text, underline it (or highlight it as described below).

With a basic understanding of the case, and with annotations in the margin, the second read-through of the case should be much easier. You can direct your reading to the most important sections and will have an easier time identifying what is and is not important. Continue rereading the case until you have identified all the relevant information that you need to make your brief, including the issue(s), the facts, the holding, and the relevant parts of the analysis.

Pencil or pen — which is better to use when annotating? Our recommendation is a mechanical pencil. Mechanical pencils make finer markings than regular pencils, and also than ballpoint pens. Although you might think a pencil might smear more than a pen, with its sharp point a mechanical pencil uses very little excess lead and will not smear as much as you might imagine. A mechanical pencil will also give you the freedom to make mistakes without consequences. When you first start annotating, you may think that some passages are more important than they really are, and therefore you may resist the urge to make a mark in order to preserve your book and prevent false guideposts. With a pencil, however, the ability to erase and rewrite removes this problem.

Highlighting

Why highlight? Like annotating, highlighting may seem unimportant if you create thorough, well-constructed briefs, but highlighting directly helps you to brief. It makes cases, especially the more complicated ones, easy to digest, review and use to extract information.

Highlighting takes advantage of colors to provide a uniquely effective method for reviewing and referencing a case. If you prefer a visual approach to learning, you may find highlighting to be a very effective tool.

If annotating and highlighting are so effective, why brief? Because the process of summarizing a case and putting it into your own words within a brief provides an understanding of the law and of the case that you cannot gain through the process of highlighting or annotating.

The process of putting the case into your own words forces you to digest the material, while annotating and highlighting can be accomplished in a much more passive manner.

What should you highlight? Similar to annotating, the best parts of the case to highlight are those that represent the needed information for your brief such as the facts, the issue, the holding and the rationale.

Unlike annotating, highlighting provides an effective way to color code, which makes referring to the case even easier. In addition, Highlighters are particularly useful in marking off entire sections by using brackets. These brackets will allow you to color-code the case without highlighting all the text, leaving the most important phrases untouched for a more detailed highlight marking or underlining.

Highlighting is a personal tool, and therefore should be used to the extent that highlighting helps, but should be modified in a way that makes it personally time efficient and beneficial. For instance, you might combine the use of annotations in the margins with the visual benefit of highlighting the relevant text. You may prefer to underline the relevant text with a pencil, but to use a highlighter to bracket off the different sections of a case. Whatever you choose to do, make sure that it works for you, regardless of what others recommend. The techniques in the remainder of this section will describe ways to make full use of your highlighters.

First, buy yourself a set of multi-colored highlighters, with at least four, or perhaps five or six different colors. Yellow, pink, and orange are usually the brightest. Depending on the brand, purple and green can be dark, but still work well. Although blue is a beautiful color, it tends to darken and hide the text.

Therefore we recommend that you save blue for the elements that you rarely highlight.

For each different section of the case, choose a color, and use that color only when highlighting the section of the case designated for that color. Consider using yellow for the text that you tend to highlight most frequently. Because yellow is the brightest, you may be inclined to use yellow for the Conclusions in order to make them stand out the most. If you do this, however, you will exhaust your other colors much faster than yellow and this will require that you purchase an entire set of new highlighters when a single color runs out because colors such as green are not sold separately. If instead you choose to use yellow on a more frequently highlighted section such as the Analysis, when it comes time to replace your yellow marker, you will need only to replace your yellow highlighter individually. In the personal experience on one of the authors, the sections of cases that seemed to demand the most highlighter attention were the

Facts and the Analysis, while the Issues and Holdings demanded the least. Other Considerations and

Procedural History required lots of highlighting in particular cases although not in every case.

Experiment if you must, but try to choose a color scheme early on in the semester and stick with it. That way, when you come back to the first cases of the semester, you will not be confused with multiple color schemes. The basic sections of a case for which you should consider giving a different color are:

(b) Procedural History

(c) Issue (and questions presented)

(d) Holding (and conclusions)

(e) Analysis (rationale)

(f) Other Considerations (such as dicta)

Not all of these sections demand a separate color. You may find that combining Facts and Procedural History or Issues and Holdings works best. Furthermore, as mentioned above, some sections may not warrant highlighting in every case (e.g., dicta probably do not need to be highlighted unless they are particularly important). If you decide that a single color is all that you need, then stick to one, but if you find yourself highlighting lots of text from many different sections, reconsider the use of at least a few different colors. Highlighters make text stand out, but only when used appropriately. The use of many colors enables you to highlight more text without reducing the highlighter’s effectiveness. Three to four colors provides decent color variation without the cumbersomeness of handling too many markers.

Once you are comfortable with your color scheme, determining exactly what to highlight still may be difficult. Similar to knowing what to annotate, experience will perfect your highlighting skills. Be careful not to highlight everything, thus ruining your highlighters’ effectiveness; at the same time, do not be afraid to make mistakes.

Now that we have covered the basics of reading, annotating, highlighting, and briefing a case, you are ready to start practicing. Keep the tips and techniques mentioned in this chapter in mind when you tackle the four topics in the remainder of this book. If you have difficultly, refer back to this chapter to help guide you as you master the case method of study and the art of using the common law.

More Helpful Links

The american legal system, how to brief a case, how to read a casebook 101, top 20 things you need to know about law school, learn to spot issues like a lawyer, why an internet search is not legal research, why go to law school, what’s the most challenging part of law school, what advice would you give yourself about law school.

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Master the Legal Memo Format

September 20, 2022

[Bloomberg Law’s Essential Career Toolkit can help you excel in class and jump-start your legal career to successfully transition from law student to lawyer.]

What is the legal memo assignment?

The legal memo is an objective memorandum that provides you the opportunity to review and research relevant case law, investigate relevant facts using available resources, analyze those facts under that law, and impartially assess the potential outcome of a matter. The legal memo is an assignment that law firm associates are frequently asked to provide to senior attorneys.

Far too often, however, the assigning attorney takes one look at the result and replies, “I knew this already.” To prevent this outcome, it’s important to write a legal memo with sufficient understanding of audience, scope, purpose, and format. With proper planning, law firm associates can maximize the odds of favorable reception at the outset.

Bloomberg Law can help you understand and apply legal issues to your legal memo assignment, so your final product addresses all relevant points right out of the gate.

What’s the difference between a closed legal memo and an open legal memo?

A closed legal memo is an assignment where you are given the case law or other primary law to be used in your writing. Far more challenging is an open legal memo, where you will need to research and identify the relevant law, investigate and analyze the most legally significant facts involving a particular client, and provide a critical assessment of how the court may apply the law to the matter.

By extension, unlike a court brief, the legal memo is not the place to wager a legal opinion or argue facts. The legal memorandum serves as an objective standalone document and identifies the risks and any unknown facts that need investigation. It should maintain an impartial tone, with no implied preference for one side or the other.

What’s the standard legal memo format?

Generally, a legal memorandum comprises six sections, with the following information:

1. Heading or caption

A section, titled, “Memorandum,” identifies the recipient (To: _______), the author (From: ____), the assignment submission date (typically in MMMM DD YYYY format), and subject of the memo (Re: __________).

2. Question presented

A brief one-sentence statement that defines how the law applies to the legal question at hand, and the jurisdiction where the matter will be decided. The question presented is specific and impartial and doesn’t assume a legal conclusion.

3. Brief answer

A quick-hit legal prediction to the question presented, based on a short (four to five sentences) explanation that references relevant law and facts.

4. Statement of facts

A concise, impartial statement of the facts that captures the heart of the legal matter, as well as current and past legal proceedings related to the issue. The facts can be chronological or grouped thematically, whichever format presents the facts in the clearest manner.

5. Discussion

Restates the main facts and delineates the overarching legal rule. Several paragraphs outline the various legal topics to be addressed in the case and provide an analysis of the legal issues, usually ordered in subsections.

6. Conclusion

The assigning attorney will likely read this section first. It predicts how the court will apply the law, and how confident you are in your prediction based on the data. With an impartial advisory tone, you identify next steps and propose a legal strategy to proceed.

How to write a legal memo

Legal research memos can come in many forms—from broad 50-state surveys to more nuanced research on a particular point of law—but whatever the format, it’s important that you fully understand the task entrusted to you before you start typing.

If you tackle your assignment by following the recommended approaches in the legal memo example below, you’ll be more likely to find an appreciative supervising attorney, deliver better work product, cut down on the number of drafts required to arrive at a final product, and, most importantly, please the client.

Learn the essentials of litigation writing, research, and document review with our Core Litigation Skills Practical Guidance Toolkit , available to Bloomberg Law subscribers.

Legal memorandum sample assignment

Assignment:  Prepare an open legal memo on whether, under the Fourteenth Amendment’s Due Process Clause, there is personal jurisdiction over a foreign car manufacturer involving a products liability case.

Step 1: Understand the legal issues

Review legal memo assignment materials.

In an open legal memo, you will be tasked with researching relevant primary and secondary resources, such as from national, single, or multiple state entities, as well as appeals circuits, to include in your analysis.

Locate secondary sources

Secondary sources, such as books, treatises, law reviews, legal analysis publications, and Practical Guidance are a great starting point to assist with your legal memo research. Although secondary sources are not binding on courts, meaning courts are not required to follow these sources, they are still helpful tools to use when you know little about a topic.

However, remember that while you may know little about a topic, the same may not hold true for your audience. Readers like law partners and assigning attorneys will already know general law. Identify your audience’s presumed level of knowledge, then the most mission-critical questions to address. These identified gaps will inform your fact-finding and research.

Use secondary resources to better fill in the main legal topics and issues as they relate to the facts in the legal memo assignment. Your legal research should help frame the issue and lead to other relevant materials, including cases and statutes.

Throughout, utilize legal memo space wisely. Remember, legal memo length varies by subject. Some topics require only a short summary, while others compel long-form treatment. For guidance, search your firm’s office document management system for previous legal memos.

Sample assignment – Step 1

Understand the legal issues:  Legal research depends on the right search terms. In the case, for example, you can use the keywords: (“personal jurisdiction” and manufacture!)) to locate relevant resources on the Bloomberg Law platform.

More broadly, while your search into secondary sources may span books and treatises, law review articles, and other legal analysis publications, make sure to vet all legal authorities for relevance.

[Research tip: It can be challenging to know all relevant keywords. Bloomberg Law provides a convenient search results page, where relevant article blurbs showcase additional keywords to explore. Based on targeted keywords, you can better gather the most relevant background information to assist with your analysis.]

Step 2: Develop a research plan

Identify primary law.

Primary sources can often be identified with research tools, such as court opinions searches for relevant case law. However, primary sources are not always apparent. In such cases, work your way backward. Reviewing secondary sources can help you identify a list of relevant primary law resources, like case law and related statutes. Keep your research organized and create a research plan to identify key resources. The research plan will list the relevant primary law and how the case or statute relates to your comprehensive legal analysis.

Stay organized

Save the relevant cases and statutes to a designated workspace. Bloomberg Law provides a streamlined and secure digital working area where you can add your notes as well as upload and store your drafts to keep organized.

Sample assignment – Step 2

Develop a research plan:  In the  assignment, some legal research may mention cases on what contacts a foreign defendant must have for the court to have personal jurisdiction over it, such as Ford Motor Co. v. Montana Eighth Judicial District Court .  Read through these articles to reveal additional relevant cases and statutes to support your analysis.

Step 3: Confirm your legal memo research

Once you have your research plan, you want to verify all your research to make sure you’re relying on the most current case law available. Bloomberg Law’s litigation tools like the BCite citator tool help you work smarter and faster to validate your case law research—specifically, to determine whether a citation still represents good law and can be relied upon—and helps you to conduct additional research to find more cases and resources that support your legal memo’s findings and conclusions.

Robust verification should ensure you know the following information:

• Composite analysis – the overall treatment of the cited case by other courts.
• Direct history – How a cited case has moved through the court system.
• Case analysis – Cases that have subsequently cited to the case.
• Authorities – Cases relied on by the court in the main case.
• Citing documents – Legal materials, such as court opinions, administrative decisions, and secondary sources that reference your case by citation.

Sample assignment – Step 3

Confirm your research:  To see whether  Ford Motor Co. v. Montana Eighth Judicial District Court  is still good law, you will of course need to pull up and review the case status. As part of this verification, you should review how other courts have treated the case. Once you have verified case status, you can better find additional secondary cases and other sources that cite to your case.

[Research tip: Carefully review whether case law citation can be relied on in your legal memo. While a legal memo is written for internal stakeholders like the assigning attorney, and not for the court system, it may nonetheless serve as a primer for future material.]

Attorneys may later incorporate any case law citations within the legal memo into court filings in support of their arguments. Given this broad potential reach, it’s imperative to verify all case law within your legal memo. Any unverified case law that later makes its way into public documents will result in an admonition from the court.

It is also important not to cherry-pick case citations. Remember the legal memo’s purpose is to inform, not to argue the facts. The legal memo must therefore provide an objective summary of all relevant case law and how it applies to the facts at hand. The omission of negative case law only compromises future legal strategy and heightens client legal exposure.

Step 4: Write an objective analysis

The legal memo showcases your critical legal thinking skills. Use your research plan and research materials to help organize your analysis. Remember to clearly state the law and the facts, in the active voice, and present your analysis in a logical manner.

Even with the IRAC legal memo format (Issue, Rule, Application, and Conclusion), it can be a challenge to write with precision. For example, it may not be clear which details to include in the statement of facts. Skilled legal memo writers often begin with the discussion. With complementary considerations of legal authority and factual criteria, this section clarifies the most legally significant facts and informs other earlier sections like the question presented and brief answer.

Across all stages, Bloomberg Law provides a vast trove of articles and resources to assist you in preparing your legal memo. Whether this is your first or fiftieth legal memo assignment, you can showcase clear and impartial legal analysis in your legal memo and other writing assignments in ways that establish you as a strong legal mind.

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Assignment is a legal term whereby an individual, the “assignor,” transfers rights, property, or other benefits to another known as the “ assignee .”   This concept is used in both contract and property law.  The term can refer to either the act of transfer or the rights /property/benefits being transferred.

Contract Law   

Under contract law, assignment of a contract is both: (1) an assignment of rights; and (2) a delegation of duties , in the absence of evidence otherwise.  For example, if A contracts with B to teach B guitar for $50, A can assign this contract to C.  That is, this assignment is both: (1) an assignment of A’s rights under the contract to the $50; and (2) a delegation of A’s duty to teach guitar to C.  In this example, A is both the “assignor” and the “delegee” who d elegates the duties to another (C), C is known as the “ obligor ” who must perform the obligations to the assignee , and B is the “ assignee ” who is owed duties and is liable to the “ obligor ”.

(1) Assignment of Rights/Duties Under Contract Law

There are a few notable rules regarding assignments under contract law.  First, if an individual has not yet secured the contract to perform duties to another, he/she cannot assign his/her future right to an assignee .  That is, if A has not yet contracted with B to teach B guitar, A cannot assign his/her rights to C.  Second, rights cannot be assigned when they materially change the obligor ’s duty and rights.  Third, the obligor can sue the assignee directly if the assignee does not pay him/her.  Following the previous example, this means that C ( obligor ) can sue B ( assignee ) if C teaches guitar to B, but B does not pay C $50 in return.

            (2) Delegation of Duties

If the promised performance requires a rare genius or skill, then the delegee cannot delegate it to the obligor.  It can only be delegated if the promised performance is more commonplace.  Further, an obligee can sue if the assignee does not perform.  However, the delegee is secondarily liable unless there has been an express release of the delegee.  That is, if B does want C to teach guitar but C refuses to, then B can sue C.  If C still refuses to perform, then B can compel A to fulfill the duties under secondary liability.

Lastly, a related concept is novation , which is when a new obligor substitutes and releases an old obligor.  If novation occurs, then the original obligor’s duties are wiped out. However, novation requires an original obligee’s consent .  

Property Law

Under property law, assignment typically arises in landlord-tenant situations.  For example, A might be renting from landlord B but wants to another party (C) to take over the property.   In this scenario, A might be able to choose between assigning and subleasing the property to C.  If assigning , A would be giving C the entire balance of the term, with no reversion to anyone whereas if subleasing , A would be giving C for a limited period of the remaining term.  Significantly, under assignment C would have privity of estate with the landlord while under a sublease, C would not. 

[Last updated in May of 2020 by the Wex Definitions Team ]

• business law
• landlord & tenant
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• assignments basic law

Assignments: The Basic Law

The assignment of a right or obligation is a common contractual event under the law and the right to assign (or prohibition against assignments) is found in the majority of agreements, leases and business structural documents created in the United States.

As with many terms commonly used, people are familiar with the term but often are not aware or fully aware of what the terms entail. The concept of assignment of rights and obligations is one of those simple concepts with wide ranging ramifications in the contractual and business context and the law imposes severe restrictions on the validity and effect of assignment in many instances. Clear contractual provisions concerning assignments and rights should be in every document and structure created and this article will outline why such drafting is essential for the creation of appropriate and effective contracts and structures.

The reader should first read the article on Limited Liability Entities in the United States and Contracts since the information in those articles will be assumed in this article.

Basic Definitions and Concepts:

An assignment is the transfer of rights held by one party called the “assignor” to another party called the “assignee.” The legal nature of the assignment and the contractual terms of the agreement between the parties determines some additional rights and liabilities that accompany the assignment. The assignment of rights under a contract usually completely transfers the rights to the assignee to receive the benefits accruing under the contract. Ordinarily, the term assignment is limited to the transfer of rights that are intangible, like contractual rights and rights connected with property. Merchants Service Co. v. Small Claims Court , 35 Cal. 2d 109, 113-114 (Cal. 1950).

An assignment will generally be permitted under the law unless there is an express prohibition against assignment in the underlying contract or lease. Where assignments are permitted, the assignor need not consult the other party to the contract but may merely assign the rights at that time. However, an assignment cannot have any adverse effect on the duties of the other party to the contract, nor can it diminish the chance of the other party receiving complete performance. The assignor normally remains liable unless there is an agreement to the contrary by the other party to the contract.

The effect of a valid assignment is to remove privity between the assignor and the obligor and create privity between the obligor and the assignee. Privity is usually defined as a direct and immediate contractual relationship. See Merchants case above.

Further, for the assignment to be effective in most jurisdictions, it must occur in the present. One does not normally assign a future right; the assignment vests immediate rights and obligations.

No specific language is required to create an assignment so long as the assignor makes clear his/her intent to assign identified contractual rights to the assignee. Since expensive litigation can erupt from ambiguous or vague language, obtaining the correct verbiage is vital. An agreement must manifest the intent to transfer rights and can either be oral or in writing and the rights assigned must be certain.

Note that an assignment of an interest is the transfer of some identifiable property, claim, or right from the assignor to the assignee. The assignment operates to transfer to the assignee all of the rights, title, or interest of the assignor in the thing assigned. A transfer of all rights, title, and interests conveys everything that the assignor owned in the thing assigned and the assignee stands in the shoes of the assignor. Knott v. McDonald’s Corp ., 985 F. Supp. 1222 (N.D. Cal. 1997)

The parties must intend to effectuate an assignment at the time of the transfer, although no particular language or procedure is necessary. As long ago as the case of National Reserve Co. v. Metropolitan Trust Co ., 17 Cal. 2d 827 (Cal. 1941), the court held that in determining what rights or interests pass under an assignment, the intention of the parties as manifested in the instrument is controlling.

The intent of the parties to an assignment is a question of fact to be derived not only from the instrument executed by the parties but also from the surrounding circumstances. When there is no writing to evidence the intention to transfer some identifiable property, claim, or right, it is necessary to scrutinize the surrounding circumstances and parties’ acts to ascertain their intentions. Strosberg v. Brauvin Realty Servs., 295 Ill. App. 3d 17 (Ill. App. Ct. 1st Dist. 1998)

The general rule applicable to assignments of choses in action is that an assignment, unless there is a contract to the contrary, carries with it all securities held by the assignor as collateral to the claim and all rights incidental thereto and vests in the assignee the equitable title to such collateral securities and incidental rights. An unqualified assignment of a contract or chose in action, however, with no indication of the intent of the parties, vests in the assignee the assigned contract or chose and all rights and remedies incidental thereto.

More examples: In Strosberg v. Brauvin Realty Servs ., 295 Ill. App. 3d 17 (Ill. App. Ct. 1st Dist. 1998), the court held that the assignee of a party to a subordination agreement is entitled to the benefits and is subject to the burdens of the agreement. In Florida E. C. R. Co. v. Eno , 99 Fla. 887 (Fla. 1930), the court held that the mere assignment of all sums due in and of itself creates no different or other liability of the owner to the assignee than that which existed from the owner to the assignor.

And note that even though an assignment vests in the assignee all rights, remedies, and contingent benefits which are incidental to the thing assigned, those which are personal to the assignor and for his sole benefit are not assigned. Rasp v. Hidden Valley Lake, Inc ., 519 N.E.2d 153, 158 (Ind. Ct. App. 1988). Thus, if the underlying agreement provides that a service can only be provided to X, X cannot assign that right to Y.

Novation Compared to Assignment:

Although the difference between a novation and an assignment may appear narrow, it is an essential one. “Novation is a act whereby one party transfers all its obligations and benefits under a contract to a third party.” In a novation, a third party successfully substitutes the original party as a party to the contract. “When a contract is novated, the other contracting party must be left in the same position he was in prior to the novation being made.”

A sublease is the transfer when a tenant retains some right of reentry onto the leased premises. However, if the tenant transfers the entire leasehold estate, retaining no right of reentry or other reversionary interest, then the transfer is an assignment. The assignor is normally also removed from liability to the landlord only if the landlord consents or allowed that right in the lease. In a sublease, the original tenant is not released from the obligations of the original lease.

Equitable Assignments:

An equitable assignment is one in which one has a future interest and is not valid at law but valid in a court of equity. In National Bank of Republic v. United Sec. Life Ins. & Trust Co. , 17 App. D.C. 112 (D.C. Cir. 1900), the court held that to constitute an equitable assignment of a chose in action, the following has to occur generally: anything said written or done, in pursuance of an agreement and for valuable consideration, or in consideration of an antecedent debt, to place a chose in action or fund out of the control of the owner, and appropriate it to or in favor of another person, amounts to an equitable assignment. Thus, an agreement, between a debtor and a creditor, that the debt shall be paid out of a specific fund going to the debtor may operate as an equitable assignment.

In Egyptian Navigation Co. v. Baker Invs. Corp. , 2008 U.S. Dist. LEXIS 30804 (S.D.N.Y. Apr. 14, 2008), the court stated that an equitable assignment occurs under English law when an assignor, with an intent to transfer his/her right to a chose in action, informs the assignee about the right so transferred.

An executory agreement or a declaration of trust are also equitable assignments if unenforceable as assignments by a court of law but enforceable by a court of equity exercising sound discretion according to the circumstances of the case. Since California combines courts of equity and courts of law, the same court would hear arguments as to whether an equitable assignment had occurred. Quite often, such relief is granted to avoid fraud or unjust enrichment.

Note that obtaining an assignment through fraudulent means invalidates the assignment. Fraud destroys the validity of everything into which it enters. It vitiates the most solemn contracts, documents, and even judgments. Walker v. Rich , 79 Cal. App. 139 (Cal. App. 1926). If an assignment is made with the fraudulent intent to delay, hinder, and defraud creditors, then it is void as fraudulent in fact. See our article on Transfers to Defraud Creditors .

But note that the motives that prompted an assignor to make the transfer will be considered as immaterial and will constitute no defense to an action by the assignee, if an assignment is considered as valid in all other respects.

Enforceability of Assignments:

Whether a right under a contract is capable of being transferred is determined by the law of the place where the contract was entered into. The validity and effect of an assignment is determined by the law of the place of assignment. The validity of an assignment of a contractual right is governed by the law of the state with the most significant relationship to the assignment and the parties.

In some jurisdictions, the traditional conflict of laws rules governing assignments has been rejected and the law of the place having the most significant contacts with the assignment applies. In Downs v. American Mut. Liability Ins. Co ., 14 N.Y.2d 266 (N.Y. 1964), a wife and her husband separated and the wife obtained a judgment of separation from the husband in New York. The judgment required the husband to pay a certain yearly sum to the wife. The husband assigned 50 percent of his future salary, wages, and earnings to the wife. The agreement authorized the employer to make such payments to the wife.

After the husband moved from New York, the wife learned that he was employed by an employer in Massachusetts. She sent the proper notice and demanded payment under the agreement. The employer refused and the wife brought an action for enforcement. The court observed that Massachusetts did not prohibit assignment of the husband’s wages. Moreover, Massachusetts law was not controlling because New York had the most significant relationship with the assignment. Therefore, the court ruled in favor of the wife.

Therefore, the validity of an assignment is determined by looking to the law of the forum with the most significant relationship to the assignment itself. To determine the applicable law of assignments, the court must look to the law of the state which is most significantly related to the principal issue before it.

Assignment of Contractual Rights:

Generally, the law allows the assignment of a contractual right unless the substitution of rights would materially change the duty of the obligor, materially increase the burden or risk imposed on the obligor by the contract, materially impair the chance of obtaining return performance, or materially reduce the value of the performance to the obligor. Restat 2d of Contracts, § 317(2)(a). This presumes that the underlying agreement is silent on the right to assign.

If the contract specifically precludes assignment, the contractual right is not assignable. Whether a contract is assignable is a matter of contractual intent and one must look to the language used by the parties to discern that intent.

In the absence of an express provision to the contrary, the rights and duties under a bilateral executory contract that does not involve personal skill, trust, or confidence may be assigned without the consent of the other party. But note that an assignment is invalid if it would materially alter the other party’s duties and responsibilities. Once an assignment is effective, the assignee stands in the shoes of the assignor and assumes all of assignor’s rights. Hence, after a valid assignment, the assignor’s right to performance is extinguished, transferred to assignee, and the assignee possesses the same rights, benefits, and remedies assignor once possessed. Robert Lamb Hart Planners & Architects v. Evergreen, Ltd. , 787 F. Supp. 753 (S.D. Ohio 1992).

On the other hand, an assignee’s right against the obligor is subject to “all of the limitations of the assignor’s right, all defenses thereto, and all set-offs and counterclaims which would have been available against the assignor had there been no assignment, provided that these defenses and set-offs are based on facts existing at the time of the assignment.” See Robert Lamb , case, above.

The power of the contract to restrict assignment is broad. Usually, contractual provisions that restrict assignment of the contract without the consent of the obligor are valid and enforceable, even when there is statutory authorization for the assignment. The restriction of the power to assign is often ineffective unless the restriction is expressly and precisely stated. Anti-assignment clauses are effective only if they contain clear, unambiguous language of prohibition. Anti-assignment clauses protect only the obligor and do not affect the transaction between the assignee and assignor.

Usually, a prohibition against the assignment of a contract does not prevent an assignment of the right to receive payments due, unless circumstances indicate the contrary. Moreover, the contracting parties cannot, by a mere non-assignment provision, prevent the effectual alienation of the right to money which becomes due under the contract.

A contract provision prohibiting or restricting an assignment may be waived, or a party may so act as to be estopped from objecting to the assignment, such as by effectively ratifying the assignment. The power to void an assignment made in violation of an anti-assignment clause may be waived either before or after the assignment. See our article on Contracts.

Noncompete Clauses and Assignments:

Of critical import to most buyers of businesses is the ability to ensure that key employees of the business being purchased cannot start a competing company. Some states strictly limit such clauses, some do allow them. California does restrict noncompete clauses, only allowing them under certain circumstances. A common question in those states that do allow them is whether such rights can be assigned to a new party, such as the buyer of the buyer.

A covenant not to compete, also called a non-competitive clause, is a formal agreement prohibiting one party from performing similar work or business within a designated area for a specified amount of time. This type of clause is generally included in contracts between employer and employee and contracts between buyer and seller of a business.

Many workers sign a covenant not to compete as part of the paperwork required for employment. It may be a separate document similar to a non-disclosure agreement, or buried within a number of other clauses in a contract. A covenant not to compete is generally legal and enforceable, although there are some exceptions and restrictions.

Whenever a company recruits skilled employees, it invests a significant amount of time and training. For example, it often takes years before a research chemist or a design engineer develops a workable knowledge of a company’s product line, including trade secrets and highly sensitive information. Once an employee gains this knowledge and experience, however, all sorts of things can happen. The employee could work for the company until retirement, accept a better offer from a competing company or start up his or her own business.

A covenant not to compete may cover a number of potential issues between employers and former employees. Many companies spend years developing a local base of customers or clients. It is important that this customer base not fall into the hands of local competitors. When an employee signs a covenant not to compete, he or she usually agrees not to use insider knowledge of the company’s customer base to disadvantage the company. The covenant not to compete often defines a broad geographical area considered off-limits to former employees, possibly tens or hundreds of miles.

Another area of concern covered by a covenant not to compete is a potential ‘brain drain’. Some high-level former employees may seek to recruit others from the same company to create new competition. Retention of employees, especially those with unique skills or proprietary knowledge, is vital for most companies, so a covenant not to compete may spell out definite restrictions on the hiring or recruiting of employees.

A covenant not to compete may also define a specific amount of time before a former employee can seek employment in a similar field. Many companies offer a substantial severance package to make sure former employees are financially solvent until the terms of the covenant not to compete have been met.

Because the use of a covenant not to compete can be controversial, a handful of states, including California, have largely banned this type of contractual language. The legal enforcement of these agreements falls on individual states, and many have sided with the employee during arbitration or litigation. A covenant not to compete must be reasonable and specific, with defined time periods and coverage areas. If the agreement gives the company too much power over former employees or is ambiguous, state courts may declare it to be overbroad and therefore unenforceable. In such case, the employee would be free to pursue any employment opportunity, including working for a direct competitor or starting up a new company of his or her own.

It has been held that an employee’s covenant not to compete is assignable where one business is transferred to another, that a merger does not constitute an assignment of a covenant not to compete, and that a covenant not to compete is enforceable by a successor to the employer where the assignment does not create an added burden of employment or other disadvantage to the employee. However, in some states such as Hawaii, it has also been held that a covenant not to compete is not assignable and under various statutes for various reasons that such covenants are not enforceable against an employee by a successor to the employer. Hawaii v. Gannett Pac. Corp. , 99 F. Supp. 2d 1241 (D. Haw. 1999)

It is vital to obtain the relevant law of the applicable state before drafting or attempting to enforce assignment rights in this particular area.

Conclusion:

In the current business world of fast changing structures, agreements, employees and projects, the ability to assign rights and obligations is essential to allow flexibility and adjustment to new situations. Conversely, the ability to hold a contracting party into the deal may be essential for the future of a party. Thus, the law of assignments and the restriction on same is a critical aspect of every agreement and every structure. This basic provision is often glanced at by the contracting parties, or scribbled into the deal at the last minute but can easily become the most vital part of the transaction.

As an example, one client of ours came into the office outraged that his co venturer on a sizable exporting agreement, who had excellent connections in Brazil, had elected to pursue another venture instead and assigned the agreement to a party unknown to our client and without the business contacts our client considered vital. When we examined the handwritten agreement our client had drafted in a restaurant in Sao Paolo, we discovered there was no restriction on assignment whatsoever…our client had not even considered that right when drafting the agreement after a full day of work.

One choses who one does business with carefully…to ensure that one’s choice remains the party on the other side of the contract, one must master the ability to negotiate proper assignment provisions.

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Legal Assignment: Everything You Need to Know

A legal assignment occurs when a party assigns their contractual rights to a third party. 3 min read updated on September 19, 2022

A legal assignment occurs when a party assigns their contractual rights to a third party. The benefit that the issuing party would have received from the contract is now assigned to the third party. The party appointing their rights is referred to as the assignor, while the party obtaining the rights is the assignee.

Assignment of Contract

A legal assignment occurs when:

• The rights in personal or real property are transferred from one party to another
• The transfer also gives the new owner the rights to the property that the prior owner held prior to the transfer occurring

In the Purman Estate case, the court stated that a legal assignment is a transfer of property, or of some right or interest, from one person to another. It also stated that it must be the proper transfer of one whole interest in that property.

An assignment of rights occurs when an assignor gives up or transfers their rights of a future benefit to another party. In other words, an assignment is the act of one party transferring, vesting, or causing to vest their interest in a property to another party. A valid legal assignment only occurs when all underlying elements of a lawfully binding contract are included in it, including intent. A trial court can determine if an assignment has occurred. To prevent disputes or miscommunications, it's important that the subject matter is clearly identified in the assignment.

A contract assignment occurs when a party assigns their contractual rights to a third party. The benefit the issuing party would have received from the contract is now assigned to the third party. The party appointing their rights is referred to as the assignor, while the party obtaining the rights is the assignee. Essentially, the assignor prefers that the assignee reverses roles and assumes the contractual rights and obligations as stated in the contract. Before this can occur, all parties to the original contract must be notified.

How Assignments Work

The specific language used in the contract will determine how the assignment plays out. For example , one contract may prohibit assignment, while another contract may require that all parties involved agree to it before proceeding. Remember, an assignment of contract does not necessarily alleviate an assignor from all liability. Many contracts include an assurance clause guaranteeing performance. In other words, the initial parties to the contract guarantee that the assignee will achieve the desired goal.

When Assignments Will Not Be Enforced

The following situations indicate when an assignment of a contract is not enforced:

• The contract specifically prohibits assignment
• The assignment drastically changes the expected outcome
• The assignment is against public policy or illegal

Delegation vs. Assignment

Occasionally, one party in a contract will desire to pass on or delegate their responsibility to a third party without creating an assignment contract. Some duties are so specific in nature that they cannot be delegated. Adding a clause in the contract to prevent a party from delegating their responsibilities and duties is highly recommended.

Three Steps to Follow if You Want to Assign a Contract

There are three main steps to take if you're looking to assign a contract:

• Make sure the current contract does not contain an anti-assignment clause
• Officially execute the assignment by transferring the parties' obligations and rights
• Notify the obligor of the changes made

Once the obligor is notified, the assignor will effectively be relieved of liability.

Anti-Assignment Clauses

If you'd prefer not to allow the party you're doing business with to assign a contract, you may be able to prevent this from occurring by clearly stating anti-assignment clauses in the original contract. The three most common anti-assignment clauses are:

• Consent required for assignment
• Consent not needed for new owners or affiliates
• Consent not unreasonably withheld

Based on these three clauses, no party in the contract is allowed to delegate or assign any obligations or rights without prior written consent from the other parties. Any delegation or assignment in violation of this passage shall be deemed void. It is not possible to write an anti-assignment clause that goes against an assignment that is issued or ordered by a court.

If you need help with a legal assignment, you can  post your job  on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb. 

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Content Approved by UpCounsel

• Assignment Law
• Assignment Contract Law
• Assignment of Rights and Obligations Under a Contract
• Assignment of Rights Example
• Consent to Assignment
• Assignment Legal Definition
• What Is the Definition of Assigns
• Delegation vs Assignment
• Assignment Of Contracts
• Assignment of Contract Rights