Legal Skills & Research Flashcards

What is meant by a 'per curiam' statement in a judgment?

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.

What is a 'dissenting judgment'?

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.

What is the 'headnote' of a law report?

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.

Which database publishes the Official Law Reports for the Incorporated Council of Law Reporting?

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.

What does 'LexisNexis' provide for legal researchers?

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.

What is a 'law review' or 'law journal' and its role in legal research?

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.