SQE2 Legal Research & Writing 3

Question 1

The ejusdem generis rule of statutory interpretation provides that:

Accepted Answer

General words following a list of specific words are limited to things of the same class

Answer

Ejusdem generis limits the scope of general words that follow specific examples to items of the same genus or type as those examples, restricting potentially wide application.

Question 2

A well-drafted particulars of claim must include:

Accepted Answer

A concise statement of the facts relied on and the remedy sought

Answer

Under CPR r.16.4, particulars of claim must contain a concise statement of the facts, identify the remedy sought and (if relevant) any aggravated damages or provisional damages claim.

Question 3

When a statute is ambiguous, the court may use Pepper v Hart [1993] to refer to Hansard to determine:

Accepted Answer

The ministerial statements made during the passage of the bill that clearly resolve the ambiguity

Answer

Pepper v Hart allows courts to consult Hansard (parliamentary debates) as an aid to interpretation only where a statute is ambiguous and a ministerial statement clearly resolves that ambiguity.

Question 4

In research methodology, primary legal sources include:

Accepted Answer

Legislation and case law

Answer

Primary legal sources are the law itself — statutes (legislation) and decided cases (case law); secondary sources such as textbooks and articles comment on and explain those primary sources.

Question 5

The Human Rights Act 1998 requires courts in England & Wales to:

Accepted Answer

Interpret legislation compatibly with Convention rights so far as possible

Answer

Section 3 HRA 1998 requires courts to read and give effect to legislation in a way that is compatible with Convention rights so far as possible; they cannot strike down primary legislation.

SQE2 Practice Test

SQE2 Practice Test

SQE2 Legal Research & Writing 3