The following guide outlines how to structure a LLM dissertation.


Title Page – showing the title of the dissertation and writer.


Abstract – summarising what the dissertation comprises. Be concise and don’t reference or use quotations. This should showcase your work so ensure it is accurate and weighty (150 – 300 words).

Table of contents – Make sure page numbers are accurate

Introduction – Should be about 10% of the dissertation in total. It should be a very crisp and accurate introduction of the dissertation. Make it interesting so that the reader's interest is engaged.

Methodology - this explains what you are going to do and how you plan on achieving this. In a legal dissertation it is most likely that qualitative research will be utilised. Quantitative research (eg survey of cases perhaps) can be used but it is likely that most legal dissertations will be derived from either academic journals/books or statute.

Literature Review – a review of relevant theory and the most recent published information on the issue. Sometimes there are dissertations with no literature review: it depends on the topic and whether you consider it necessary (e.g is there plenty of published literature/theory?).

Evidence – set out your findings and your conclusions from your research. This should not be merely descriptive but must be analytical and critical of your findings, moving towards a detailed and visionary strategy for development.

Conclusion – set out in summary what you have discovered and your conclusions. Do not include in your conclusions anything which has not been addressed earlier in your work.

Recommendations – In a legal dissertation you should include these to give an indication of the analytical nature of your mind. In particular suggest areas of the law which are ripe for reform and suggest the reforms you would invoke. If reforms are already underway these should be analysed and criticised if necessary, substituting your own suggested reforms.

  I have previously looked at answering problem questions but this article deals with such questions in more depth.

There are basically four main considerations when tackling problem questions.

1. Identify key facts of the case/scenario. Only by resolving these key facts can you address the resolution of the problem.
   
   
2. Identify key areas of law.
   
   
3. Application of law to the facts in order to resolve the question.
   
   
4. Consider the type of conclusion required. This will vary with each question. If you are asked to advise on the defences available to a person, based on the scenario given, your conclusion can be general. You may decide to say something along the lines that recent case law indicates that sentencing for such crimes is becoming more lenient.You could offer an opinion as to why this is the case.
   
   

 SCENARIO

Mark recently received planning permission from ABC Council to add a large extension to his semi-detached bungalow. He has undertaken the work himself and has been hammering and drilling well past midnight. His next door neighbour Jill is a light sleeper and has been kept awake with the noise which has been persistent over the last 2 weeks. Mark has started depositing his building rubble on top of his wall and fumes from tins of paint have contaminated Jill’s greenhouse causing her prized dahlias to wilt and die. Jill did have a word with Mark asking him to stop making a noise so late on and to dispose of his rubbish. Unfortunately Mark has ignored requests to alter his behaviour. Does Jill have any claim(s) against Mark?

 

Important facts.

Mark has planning permission to extend his home.

He regularly carries out noisy building works past midnight.

This behaviour keeps his neighbour Jill awake.

Jill is a light sleeper.

Mark’s rubbish has been left for days on top of a wall which has caused fumes to infiltrate Jill’s greenhouse and kill her prized dahlia plants.

Mark ignores requests to behave responsibly.
 

Identify appropriate law.

1       Nuisance would seem to be the appropriate law.

2       There are 2 types of nuisance but this is a private as against public nuisance.

3          Anyone may sue who has use or enjoyment of land but additionally they must have a proprietary interest in the land (Hunter v Canary Wharf).

4        Define “unreasonable” use of land. Explain it depends on numerous factors: locality, duration, over-sensitivity of claimant may defeat a claim and malice may indicate a nuisance. Cases to cite for locality where a nuisance occurring in a highly built up or industrialised area is less likely to be actionable (Sturges v Bridgman); continuous duration versus one-off event (Bolton v Stone), over-sensitivity of claimant (Robinson v Kilvert) and malice (Christie v Davy). 

Shortly we will look at possible defences and remedies.

One of the main differences between writing at LLM level as compared to LLB level is the length of dissertation. Most LLB assignments are up to 4,000 words but typically are 1,000 to 3,000 words. When faced with writing an LLM dissertation, students are faced with submitting work of at least 10,000 words. Such a task is daunting for most students especially when it is such an important piece of work in the scheme of the qualification.

What is a Dissertation?

A dissertation, sometimes known as a thesis or final assignment, will be a document of 10,000 words or over. The document will present the findings of the results of research into a specific area of the law studied. LLM courses are extremely specialised and in depth exploration of a specific area of law is required.

A great deal of thought should be given to the subject to be studied. Sufficient time should be allocated by students to possible areas of research and to hopefully choose exactly the right one for them. Once a decision has been made in relation to the subject matter of the LL.M dissertation, it will be very difficult and time consuming for the student to change their mind. It is therefore important that the correct decision is made initially.

Once the student has decided on the subject matter they must consult with their tutor as to the suitability of the subject towards the LLM qualification. Often LLM courses require the submission of a written outline before the dissertation subject is accepted.

Precious little guidance is given on the writing of a dissertation and yet it is an important ingredient of the LLM qualification. Do not leave writing an Outline or Dissertation to chance. Contact www.law-essay.com for guidance and assistance.

Very little guidance is offered at universities on structuring case notes. The following should assist with structuring the case note and help you concentrate on various aspects to be examined.

Firstly read the case extremely carefully at least once taking note of all authorities cited by the court. Secondly make notes of pertinent points as you read the case a second time.

 Structure of the case note.

The structure is particularly important in a case note as unlike an essay or coursework, the question relies entirely on the case given. The area of concentration is therefore specific and narrow although you will have to consider whether the case has wider impact.

Introduction.

As with an essay or coursework you should always introduce the area of law impacted by the case and why the case is worthy of such attention.

Facts.

Only relevant facts should be presented in an orderly and logical manner. You must extrapulate the main facts and not just give a running commentary on the case. Also bear in mind that courts often distinguish cases on their facts. Describe any lower courts decision, appeals and any subsequent action. After reading the facts section the reader should have a clear idea of the critical facts and the setting in which the current court is giving its judgment. 

The decision.

Set out the court’s reasoning behind its judgment (ratio). Mention any words said by the way (obiter dicta).

 Background or Discussion of Prior Law.

In this section, provide the reader with the relevant background law relating to the issues regardless of whether discussed in the decisions. Describe the existing law and its development. In closing this section, relate the selected case to the prior law to illustrate how, if at all, the selected case affects prior law.

 Reasoning or Analysis.

After describing and critically analysing the court’s reasoning you should be able to express your own view. Remain objective but point out any flaws you detect in the judgment. Support your criticisms with appropriate authorities. You may agree with any dissenting judgments and if so explain why. If you detect ambiguity in the court’s reasoning you should explore such statements.

Examine whether the judgment affects the existing law or whether there are any proposals for reform in this area of the law. Refer to Law Commissions or Parliamentary Committees for example.

This section gives you the opportunity to demonstrate legal skill and incisiveness by dissecting the case and raising important issues.

 Subsequent Developments.

If the case is not that recent, you will need to consider whether the decision has been affected, modified, approved or overruled in later cases.

 Conclusion.

Bring your case note full circle, reinforcing the “noteworthiness” of the selected case and summarising the points made in each topical section.

 

Case note assignments are popular because they require students to demonstrate the ability to:

• Understand the case report, concentrating on material facts and reasons for the decision
• Be discerning as to the policy context of the case within the legal framework
• Analyse the legal reasoning in the case and explore any impact on future cases and any impact on past legal decisions

The first of these tasks involves explanation so that you demonstrate your comprehension of the law report.
The second and third tasks involve analysing whereby you examine the impact of the case and also explore any flaws in reasoning.

Thinking analytically.  Utilising the following questions will help you with your case note

• What is your view of the decision in particular the court's legal analysis? 
• What is your view on the issue before the court? 
• Do you think they dealt with the issue correctly? 
• Do you agree with any dissenting judgments?
• Do you agree with the reasoning of the court and its supporting evidence and corroboration? 
• Could you suggest improvements on the court's approach?
• Can you identify any proposals for reforms connected with the case and its impact on future development of the law? 
• Have there been statutory changes that might affect this type of case?
• Is there other reputable commentary which assists in your interpretation and opinion of the case law.