CILEx L3 Legal Skills & Research 4 — Questions and Answers
Question 1: What is a 'legal memorandum' (memo) and when would a CILEX student be expected to write one?
- A structured written piece of legal research and advice addressed to a supervising solicitor or client, setting out the law and applying it to the facts (Correct answer)
- A formal court document used to summarise evidence
- A letter sent to the opposing party in litigation
- A record of a meeting between a lawyer and their client
Correct answer: A structured written piece of legal research and advice addressed to a supervising solicitor or client, setting out the law and applying it to the facts
A legal memorandum is an internal document used to communicate research findings and legal advice, typically from a trainee or junior lawyer to a supervisor. It sets out the question, summarises the relevant law, applies it to the facts, and reaches a conclusion.
Question 2: What are the key components of a well-structured legal argument?
- Identification of the legal issue, statement of the relevant law, application of the law to the facts, and a clear conclusion (Correct answer)
- Introduction, evidence, conclusion
- Facts, argument, counter-argument, judgment
- Claims, defences, remedies, and procedure
Correct answer: Identification of the legal issue, statement of the relevant law, application of the law to the facts, and a clear conclusion
A well-structured legal argument follows IRAC or a similar framework: Issue (identify the legal question), Rule (state the relevant law), Application (apply the law to the specific facts), Conclusion (give a clear answer).
Question 3: What is the importance of 'currency' when researching legal sources?
- Legal sources must be the most up-to-date version — statutes may have been amended, cases may have been overruled, and legal principles may have changed (Correct answer)
- Currency means checking the cost of accessing legal databases
- Currency refers to the international applicability of English legal sources
- Currency means checking if a case was decided by a UK court rather than a foreign court
Correct answer: Legal sources must be the most up-to-date version — statutes may have been amended, cases may have been overruled, and legal principles may have changed
Legal research must always be current — statutes may have been amended or repealed, cases may have been overruled or distinguished, and new cases or legislation may have changed the law. Outdated sources can lead to incorrect advice.
Question 4: What does 'counsel's opinion' mean in legal practice?
- A formal written advice from a barrister on a question of law, typically requested by a solicitor (Correct answer)
- Any legal advice given orally
- Advice given by a solicitor to their client
- A statement of the court's view on a legal issue
Correct answer: A formal written advice from a barrister on a question of law, typically requested by a solicitor
Counsel's opinion (or 'advice') is a formal written document prepared by a barrister setting out their view on the law as applied to specific facts. It is typically requested by a solicitor when specialist advocacy or a second opinion on a complex legal issue is needed.
Question 5: What is 'pro bono' legal work?
- Legal work carried out free of charge for clients who cannot afford to pay, typically by law firms and barristers in the public interest (Correct answer)
- Legal work carried out for reduced fees
- Legal aid funded work by solicitors
- Work done by legal executives for junior pay rates
Correct answer: Legal work carried out free of charge for clients who cannot afford to pay, typically by law firms and barristers in the public interest
Pro bono (from Latin 'pro bono publico' — for the public good) refers to legal services provided free of charge, often to individuals or organisations who cannot afford professional fees, as part of legal professionals' commitment to access to justice.
Question 6: What is a 'law library' search strategy for finding cases on a topic?
- Start with a secondary source (textbook or encyclopaedia) to identify key cases, then use a primary database (Westlaw/BAILII) to read full judgments and check for more recent authorities (Correct answer)
- Search for the party names in Google and read news reports
- Read all law reports in chronological order until the relevant case is found
- Search the government's website for all recent court decisions
Correct answer: Start with a secondary source (textbook or encyclopaedia) to identify key cases, then use a primary database (Westlaw/BAILII) to read full judgments and check for more recent authorities
An effective research strategy starts with secondary sources (Halsbury's Laws, textbooks, journal articles) to identify key cases and principles, then moves to primary sources (Westlaw, LexisNexis, BAILII) to read the full cases and conduct currency checks.
CILEx L3 Legal Skills & Research 4
What is a 'legal memorandum' (memo) and when would a CILEX student be expected to write one?