SQE2 Legal Research

Question 1

When conducting legal research, what is the hierarchy of legal sources in English law?

Accepted Answer

Primary legislation (Acts of Parliament), secondary legislation (statutory instruments), binding case law, then persuasive sources

Answer

Case law, then statutes, then textbooks

Answer

Textbooks, then journal articles, then statutes

Answer

EU law, then domestic case law, then statutes

Question 2

What is the doctrine of judicial precedent and how does it apply in the English court system?

Accepted Answer

Higher courts' decisions bind lower courts, and courts are generally bound by their own previous decisions, with limited exceptions for the Supreme Court

Answer

All courts can overrule any previous decision

Answer

Only the Supreme Court creates binding precedent

Answer

Precedent does not apply in criminal cases

Question 3

When researching case law, what is the difference between the ratio decidendi and obiter dictum?

Accepted Answer

The ratio decidendi is the binding legal principle of the case, while obiter dictum is a non-binding judicial observation or remark

Answer

There is no practical difference

Answer

Obiter dictum is always more important than ratio

Answer

Ratio decidendi only applies in criminal cases

Question 4

A solicitor needs to check whether a statute has been amended or repealed. Which research tool would be most appropriate?

Accepted Answer

Using an online legislation database such as legislation.gov.uk (which shows the current version) or a legal database with annotations showing amendments

Answer

Reading the original Queen's Printer copy only

Answer

Checking a textbook published in the year the statute was enacted

Answer

Asking a colleague from memory

Question 5

When using Westlaw UK or LexisNexis to research case law, what does a 'case citator' or 'case analysis' tool show?

Accepted Answer

The subsequent judicial treatment of the case, including whether it has been followed, distinguished, overruled, or applied by later courts

Answer

Only the full text of the judgment

Answer

Only the names of the barristers involved

Answer

The judge's biography

Question 6

Why is it important to check whether a piece of secondary legislation is still in force when conducting research?

Accepted Answer

Statutory instruments can be amended, revoked, or may have expired (if subject to a sunset clause), so relying on an outdated version could lead to incorrect legal advice

Answer

Secondary legislation never changes

Answer

Secondary legislation is not legally binding

Answer

Courts do not consider secondary legislation