SQE2 Legal Research & Writing 2

Question 1

A solicitor drafting a formal letter to an opponent must ensure it is:

Accepted Answer

Clear, professional, without personal attack and accurate as to the facts and law relied on

Answer

Correspondence with opponents must be accurate, professional and measured; misleading or abusive letters can constitute a breach of professional conduct and harm the client's case.

Question 2

The 'without prejudice' rule means that:

Accepted Answer

Genuine offers to settle cannot be used as admissions of liability in evidence

Answer

Without prejudice communications made in a genuine attempt to settle a dispute are inadmissible as admissions in litigation, encouraging parties to negotiate freely.

Question 3

When interpreting a statute, the 'literal rule' requires the court to:

Accepted Answer

Give the words of the statute their ordinary grammatical meaning even if the result is harsh

Answer

The literal rule instructs judges to apply the plain, ordinary meaning of statutory words even if the outcome appears unjust, on the basis that only Parliament can change the law.

Question 4

In legal writing, the use of 'IRAC' structure means the writer should present:

Accepted Answer

Issue, Rule, Application, Conclusion

Answer

IRAC (Issue, Rule, Application, Conclusion) is the standard analytical framework for legal reasoning: identify the issue, state the relevant law, apply it to the facts, then conclude.

Question 5

When researching case law, which court's decisions are binding on all courts below it?

Accepted Answer

The UK Supreme Court binds all courts in England and Wales

Answer

The UK Supreme Court (formerly the House of Lords) sits at the apex of the court hierarchy; its decisions bind all lower courts in England and Wales.

SQE2 Practice Test

SQE2 Practice Test

SQE2 Legal Research & Writing 2