SQE2 Legal Research & Writing 1

Question 1

When writing a legal advice memorandum, the recommended structure begins with:

Accepted Answer

A clear statement of the issues and a brief answer

Answer

A well-structured legal memo opens with a clear identification of the legal issues and a brief answer, before the detailed analysis, enabling the reader to understand the conclusion immediately.

Question 2

When citing a statute in a legal document, the correct format is:

Accepted Answer

Full title, year, section (e.g. Limitation Act 1980, s 5)

Answer

Legal convention requires the full statutory title, year and section reference (e.g. Limitation Act 1980, s 5) for precision and to allow the reader to locate the provision.

Question 3

In legal research, a ratio decidendi is:

Accepted Answer

The legal principle necessary for the court's decision that forms binding precedent

Answer

The ratio decidendi is the legal reasoning essential to the court's decision; only the ratio creates binding precedent under the doctrine of stare decisis.

Question 4

Which source of law takes precedence in England & Wales when statute and common law conflict?

Accepted Answer

Statute, as Parliament is sovereign

Answer

Parliamentary sovereignty means that a properly enacted statute overrides conflicting common law; courts must apply statute even if they consider the common law preferable.

Question 5

The preferred database for researching current UK statutory legislation in its amended form is:

Accepted Answer

legislation.gov.uk

Answer

legislation.gov.uk is the official government database providing the revised (amended) text of UK Acts and Statutory Instruments, although there may be a lag in updates.

SQE2 Practice Test

SQE2 Practice Test

SQE2 Legal Research & Writing 1