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

Words must always be given their literal meaning

Answer

The statute must be read as a whole

Answer

Later statutes impliedly repeal earlier inconsistent ones

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

A full witness statement from the claimant

Answer

All relevant case law citations

Answer

A schedule of the defendant's assets

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

The financial cost of enacting the legislation

Answer

All debates during the bill's passage

Answer

The title of the bill as originally drafted

Question 4

In research methodology, primary legal sources include:

Accepted Answer

Legislation and case law

Answer

Textbooks and legal encyclopaedias

Answer

Law review articles

Answer

Legal journals and practitioner guides

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

Strike down legislation that is incompatible with the ECHR

Answer

Refer incompatible legislation to Parliament automatically

Answer

Apply ECHR decisions as binding precedent

Question 6

In legal writing for a tribunal, 'plain English' guidance recommends:

Accepted Answer

Using clear, direct language without unnecessary jargon or complexity

Answer

Using Latin phrases throughout to demonstrate expertise

Answer

Writing in the third person exclusively

Answer

Avoiding all use of headings and structure