CILEx L3 Legal Skills & Research 5 — Questions and Answers
Question 1: What is the purpose of a 'skeleton argument' in court proceedings?
- A concise written outline of the party's arguments and key authorities, provided to the judge in advance to aid efficient disposal of the case (Correct answer)
- A detailed written submission replacing oral argument entirely
- A summary of the facts agreed between the parties
- A document setting out the legal issues to be resolved at trial
Correct answer: A concise written outline of the party's arguments and key authorities, provided to the judge in advance to aid efficient disposal of the case
A skeleton argument is a concise document prepared by advocates setting out the key arguments and principal authorities, submitted to the court before a hearing. They help judges prepare and make hearings more efficient.
Question 2: What is an 'index of authorities' in court proceedings?
- A list of cases and statutes to be referred to at a hearing, provided to the court in advance (Correct answer)
- A full copy of every case relied upon by a party
- A list of witnesses to be called at trial
- A schedule of documentary exhibits
Correct answer: A list of cases and statutes to be referred to at a hearing, provided to the court in advance
An index (or bundle) of authorities is a list (and often copies) of all cases and statutes that counsel intends to refer to during the hearing. Courts typically require these in advance so judges can pre-read the relevant materials.
Question 3: What is 'legal citation etiquette' when referring to a case in writing?
- At first mention, use the full case name and citation; thereafter use a short form or the name of the leading party (Correct answer)
- Always use only the neutral citation
- Always use the year of decision in square brackets
- Always refer to the judge's name rather than the party names
Correct answer: At first mention, use the full case name and citation; thereafter use a short form or the name of the leading party
Good legal writing practice requires the full case name and citation on first reference (e.g., Donoghue v Stevenson [1932] AC 562), with subsequent references using a short form (e.g., Donoghue). The citation allows the reader to locate the case.
Question 4: What is the function of the 'Law Commission' reports in legal research?
- They provide authoritative analysis of the current state of the law and recommendations for reform, widely used as secondary persuasive authority (Correct answer)
- They are binding statements of the law approved by Parliament
- They replace case law in areas where they have been published
- They are equivalent to statutory instruments in legal effect
Correct answer: They provide authoritative analysis of the current state of the law and recommendations for reform, widely used as secondary persuasive authority
Law Commission reports provide detailed analysis of a specific area of law, highlighting problems and recommending reform. Although not binding, they are highly persuasive and may indicate the likely direction of statutory reform.
Question 5: What does 'unreported case' mean and is it still citable?
- A case not published in any printed law report; it can be cited using its neutral citation or a transcript, subject to permission requirements (Correct answer)
- A case that has been suppressed by the court and cannot be cited
- A case heard in private (in camera) with no published judgment
- A case whose decision was overturned and therefore expunged from the record
Correct answer: A case not published in any printed law report; it can be cited using its neutral citation or a transcript, subject to permission requirements
An unreported case is one that has not been published in a printed law report but may be available as a transcript or online (e.g., on BAILII). Practice directions permit citation of such cases (with neutral citations) subject to requirements to obtain permission from the court.
Question 6: What is the significance of 'Lord Denning' to English law and legal research?
- He was a prolific and influential Master of the Rolls known for developing equitable principles and dissenting judgments that later shaped the law (Correct answer)
- He was the first President of the Supreme Court
- He established the rule in Hadley v Baxendale
- He drafted the Law of Property Act 1925
Correct answer: He was a prolific and influential Master of the Rolls known for developing equitable principles and dissenting judgments that later shaped the law
Lord Denning (Master of the Rolls 1962-1982) was one of the most influential English judges of the 20th century, known for his innovative use of equity, development of promissory estoppel (High Trees), and willingness to shape the law through dissenting judgments.
CILEx L3 Legal Skills & Research 5
What is the purpose of a 'skeleton argument' in court proceedings?