The Use of Key Words and Phrases on the Law Exam in London!

Law Tutors in Mayfair—whether at undergraduate, postgraduate, or professional levels—require more than just knowledge of legal principles. Examiners assess not only your understanding of legal content but also your ability to apply it using accurate and authoritative language. In this context, the use of key legal words and phrases plays a vital role in achieving top marks. This article explores why these terms matter, highlights examples of essential legal phrases, and offers strategies for using them effectively during exams.

Why Key Words and Phrases Matter

Legal writing is all about precision, clarity, and persuasiveness. In law exams, students are often required to:

• Apply legal reasoning to hypothetical problems
• Analyze case law or statutes
• Evaluate arguments and reach conclusions

Using correct legal terminology signals to the examiner that you have a deep understanding of the subject and are capable of "thinking like a lawyer." In London law schools and legal institutions, emphasis is placed on using the language of the law, not just to show off knowledge, but to demonstrate professional readiness.

For example, using terms like "binding precedent" or "distinguishing a case" shows an examiner you understand the legal mechanisms at work. Vague or generic language, on the other hand, weakens your credibility—even if your answer is structurally sound.

Examples of Essential Legal Words and Phrases

Here’s a breakdown of some of the most important categories of legal phrases and when to use them in law exams:

1. Principles of Law

These terms define foundational legal concepts:

• Ratio decidendi – the legal reasoning behind a decision
• Obiter dicta – additional commentary by a judge that is persuasive but not binding
• Stare decisis – the doctrine that courts should follow precedent
• Mens rea and actus reus – essential elements of criminal liability

Example in use:

"The ratio decidendi in Donoghue v Stevenson established the modern law of negligence."

2. Case Analysis Phrases

Use these to explain or compare cases:

• "This case can be distinguished from..."
• "The court followed the decision in..."
• "The ruling in this case departed from precedent..."
• "This case serves as persuasive authority..."

Example in use:

"In R v Brown, the court refused to follow the decision in R v Wilson, distinguishing the facts on public policy grounds."

3. Argumentative and Evaluative Phrases

These are especially useful in essay questions:

• "It can be argued that..."
• "A counter-argument might be..."
• "Critics contend that..."
• "This approach has been subject to scholarly debate..."

Example in use:

"It can be argued that the Human Rights Act 1998 provides limited protection, particularly in cases involving proportionality."

4. Statutory Interpretation

When discussing legislation, these phrases help:

• "According to the literal rule..."
• "Applying the golden rule, the court avoided an absurd result..."
• "Under the mischief rule, Parliament intended to prevent..."

Example in use:

"The court applied the purposive approach to interpret Section 2 of the Act, aligning it with EU law obligations."

5. Conclusion and Judgment Phrases

To wrap up your analysis clearly:

• "Therefore, the defendant is likely to be held liable..."
• "In conclusion, the claimant has a strong case based on..."
• "Given the facts and legal principles, the court would probably decide..."

How to Use These Terms Effectively

Using legal terminology effectively isn't just about sprinkling Latin words or buzzwords into your essay. It’s about demonstrating structured, legal thinking. Here are a few practical tips:

1. Don’t Memorize—Understand

Instead of rote memorization, ensure you understand what each term means and when to use it. For example, obiter dicta isn’t just a fancy term; it helps you distinguish binding from persuasive parts of a judgment.

2. Use Words in Context

Always embed key phrases naturally within your answer. Forced or misplaced usage can look artificial or even incorrect.

Bad example:

"The court used stare decisis because it was a precedent."

Better example:

"The principle of stare decisis required the court to follow the previous ruling in R v Cunningham."

3. Link Phrases to Legal Analysis

Use keywords to connect legal principles to facts. For instance, in problem questions, say:

"Applying the concept of duty of care from Caparo v Dickman, the defendant owed a foreseeable and proximate duty to the claimant."

4. Practice Under Timed Conditions

Train yourself to use legal terms correctly in exam-like conditions. This helps with recall and clarity under pressure.

5. Stay Current

Examiners in London value awareness of recent case law and statutory developments. Phrases like “in the landmark case of…” or “this reflects recent changes introduced by…” can earn marks for currency and relevance.

Common Mistakes to Avoid

• Misusing Latin phrases – Only use them if you’re 100% sure what they mean.
• Overloading your answer with jargon – Clarity beats complexity.
• Using American legal terms in UK law exams – Make sure your language is appropriate to English and Welsh law.

Final Thoughts

The proper use of key legal words and phrases in law exams is not just a stylistic choice—it’s a strategic tool. In the competitive legal education environment of London, demonstrating mastery of legal language sets you apart. These terms allow you to argue more precisely, structure your answers clearly, and think more like a lawyer.

Practice incorporating these phrases into your revision notes and past paper answers. With consistency, your legal writing will become sharper, more professional, and more persuasive—leading to better results and greater confidence in every exam room.