Legal Skills & Research Flashcards

What is 'legal reasoning by analogy'?

Answer: Applying the ratio of a decided case to a new situation that is factually similar, arguing the same legal rule should apply

Legal reasoning by analogy involves identifying a precedent that is factually similar to the current case and arguing that the same legal rule should apply. The advocate must identify the relevant similarities and distinguish unhelpful differences.

What is an 'equity of the statute' and how is it used in statutory interpretation?

Answer: Extending the literal meaning of a statute to cover cases within its purpose but not expressly covered by its words

The 'equity of the statute' involves extending the scope of a statute to cases not explicitly covered by its words but clearly within its purpose. Courts may fill gaps in legislation where the situation falls within the mischief Parliament intended to remedy.

What is the importance of 'note-taking' skills during research?

Answer: Accurate notes of cases, statutes, and sources are essential to produce correct citations and avoid errors in legal analysis

Accurate and detailed note-taking is fundamental to legal research — recording the full citation, the key facts, the legal rule, and its application ensures that legal analysis can be correctly attributed and cited, reducing the risk of misstatement or plagiarism.

What is 'CPD' (Continuing Professional Development) and why is it relevant to legal professionals?

Answer: Ongoing training and education requirements that legal professionals must complete to maintain their competence and licence to practise

CPD is the ongoing requirement for legal professionals to maintain and develop their knowledge and skills throughout their career. CILEX, the SRA, and the Bar Standards Board all impose CPD requirements on their members as part of professional regulation.

What is the difference between 'legal advice' and 'legal information'?

Answer: Legal advice applies the law to a specific client's situation and carries professional responsibility; legal information provides general statements about the law without personalised application

Legal information provides general statements of what the law says (e.g., a leaflet explaining the legal process). Legal advice applies the law to a specific client's facts and circumstances, creating professional responsibility. The distinction matters for regulation purposes.

What is an 'annotated statute' and how is it used in legal research?

Answer: A version of an Act of Parliament with commentary, notes of relevant cases, and cross-references to related provisions, published by legal publishers

Annotated statutes (such as those in Archbold, Blackstone's, or Current Law Statutes) present the statutory text alongside commentary, explanatory notes, and references to relevant cases — enabling quick understanding of how the provision has been interpreted and applied.