CILEx L3 Legal Skills & Research 2 — Questions and Answers
Question 1: What is meant by a 'per curiam' statement in a judgment?
- A statement by the court as a whole, rather than by an individual judge (Correct answer)
- A statement of fact accepted by all parties
- The formal order of the court
- A statement by the court on a preliminary issue only
Correct answer: A statement by the court as a whole, rather than by an individual judge
Per curiam means 'by the court' — a statement or observation made by the court collectively rather than expressed as the individual opinion of one judge.
Question 2: What is a 'dissenting judgment'?
- A judgment by a judge who disagrees with the majority decision of the court (Correct answer)
- A judgment that overrules a previous case
- A judgment given in the absence of the parties
- A judgment quashing a lower court's decision
Correct answer: A judgment by a judge who disagrees with the majority decision of the court
A dissenting judgment is given by a judge who disagrees with the decision reached by the majority of the court. Dissents are not binding but may be persuasive in future cases and sometimes indicate the direction of legal development.
Question 3: What is the 'headnote' of a law report?
- A summary of the facts, issues, and decision of the case, prepared by the law reporter, which appears at the start of the report (Correct answer)
- The formal title of the case
- The judge's summary of the law at the start of their judgment
- The list of counsel who appeared in the case
Correct answer: A summary of the facts, issues, and decision of the case, prepared by the law reporter, which appears at the start of the report
The headnote is a summary, drafted by the law reporter (not the judge), that appears at the start of a law report. It summarises the material facts, the legal issues, and the court's decision. It is not part of the judgment and is not binding.
Question 4: Which database publishes the Official Law Reports for the Incorporated Council of Law Reporting?
- Westlaw UK and LexisNexis both publish the Official Law Reports (Correct answer)
- Only Westlaw UK publishes the Official Law Reports
- BAILII publishes the Official Law Reports free of charge
- The Official Law Reports are only available in print
Correct answer: Westlaw UK and LexisNexis both publish the Official Law Reports
The Official Law Reports (AC, Ch, QB, Fam) are published by the Incorporated Council of Law Reporting and are available through both Westlaw UK and LexisNexis. They are regarded as the most authoritative law reports and should be cited in preference to other reports.
Question 5: What does 'LexisNexis' provide for legal researchers?
- A comprehensive subscription database of case law, legislation, journals, and practitioner texts in the UK and internationally (Correct answer)
- A free database of only UK Supreme Court decisions
- A database of academic papers exclusively
- A government-run database of all UK legislation
Correct answer: A comprehensive subscription database of case law, legislation, journals, and practitioner texts in the UK and internationally
LexisNexis is a major subscription-based legal research platform providing access to case law, legislation, Halsbury's Laws, law journals, and international legal materials.
Question 6: What is a 'law review' or 'law journal' and its role in legal research?
- Academic publications containing peer-reviewed articles analysing and critiquing the law, which may be persuasive but are not binding (Correct answer)
- Collections of all reported cases in a particular area of law
- Official government publications setting out legal policy
- Journals produced by courts summarising recent decisions
Correct answer: Academic publications containing peer-reviewed articles analysing and critiquing the law, which may be persuasive but are not binding
Law journals and law reviews are academic publications containing scholarly articles on legal topics. They are persuasive secondary sources — courts may refer to them for analysis but they do not create binding precedent.
CILEx L3 Legal Skills & Research 2
What is meant by a 'per curiam' statement in a judgment?