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

The hierarchy of legal sources in English law places primary legislation (Acts of Parliament) at the top, followed by secondary legislation (statutory instruments), binding case law (following the doctrine of precedent), and then persuasive sources such as obiter dicta, decisions of lower courts, and academic commentary.

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

The doctrine of judicial precedent (stare decisis) requires lower courts to follow the decisions of higher courts. The Supreme Court can depart from its own previous decisions under the Practice Statement [1966], but this power is used sparingly.

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

The ratio decidendi is the legal principle upon which the decision is based and is binding on lower courts. Obiter dictum (plural: obiter dicta) consists of judicial observations made in passing that are not essential to the decision and are persuasive but not binding.

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A solicitor needs to check whether a statute has been amended or repealed.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

Legislation.gov.uk provides the current (revised) version of UK statutes showing all amendments. Commercial databases like Westlaw UK and LexisNexis also show the current text with annotations detailing amendment history, commencement dates, and related statutory instruments.

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

A case citator shows how a case has been treated by subsequent courts. It indicates whether the case has been followed, applied, distinguished, overruled, or considered, helping the researcher assess whether the case remains good law.

SQE2 Practice Test

SQE2 Practice Test

SQE2 Legal Research