Legal Drafting, Opinion Writing and Case Analysis
Core concepts
Drafting requires precision, consistency, and clarity. Learn the anatomy of pleadings, contracts, and statutory instruments. Opinion writing follows a structure: facts, issues, law, application, conclusion. Case analysis requires identifying the ratio decidendi, obiter dicta, and distinguishing material facts.
Traps
Questions test ambiguity, inconsistency in defined terms, and omission of operative clauses. Opinions that state conclusions without reasoning fail. Case analysis that confuses ratio with obiter is a common error. Drafting must anticipate enforcement and remedies.
Worked example
Draft a clause: 'The Seller shall deliver the Goods to the Buyer on or before 1 June, time being of the essence.' Identify parties, obligation, deadline, and consequence. Then draft a remedy clause for breach. In an opinion, state the issue, the rule, the application, and the conclusion.
Rule of thumb
Use IRAC for opinions and case analysis; use defined terms, operative verbs, and explicit consequences in drafting.