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

Written in the first person using casual language

Answer

Copied to the client without review

Answer

Headed 'without prejudice' as a matter of course

Question 2

The 'without prejudice' rule means that:

Accepted Answer

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

Answer

The document can never be disclosed in any proceedings

Answer

The document is automatically privileged

Answer

The letter has no legal effect

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

Apply the law as Parliament originally intended regardless of the words

Answer

Consider Hansard to discover parliamentary intent

Answer

Apply the purposive approach from EU law

Question 4

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

Accepted Answer

Issue, Rule, Application, Conclusion

Answer

Introduction, Research, Analysis, Conclusion

Answer

Issue, Reference, Authority, Commentary

Answer

Index, Research, Argument, Citation

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 High Court binds the County Court and Magistrates' Court

Answer

The Court of Appeal binds all courts including the Supreme Court

Answer

All courts are equally persuasive

Question 6

A legal opinion prepared by a solicitor for a client should conclude with:

Accepted Answer

A clear recommendation or answer to the legal question posed

Answer

A general disclaimer that the opinion is not advice

Answer

A list of all cases researched regardless of relevance

Answer

An estimate of the litigation costs