Legal Skills & Research Flashcards

What is the purpose of a 'skeleton argument' in court proceedings?

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.

What is an 'index of authorities' in court proceedings?

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.

What is 'legal citation etiquette' when referring to a case in writing?

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.

What is the function of the 'Law Commission' reports in legal research?

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.

What does 'unreported case' mean and is it still citable?

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.

What is the significance of 'Lord Denning' to English law and legal research?

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.