Case Analysis Flashcards
6 cards from real SQE2 practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Case Analysis flashcards as text
When analysing a client's case for the first time, what should the solicitor identify as a priority?
Answer: The key legal issues, relevant facts, and the strength of the evidence supporting the client's position
Effective case analysis begins with identifying the key legal issues in dispute, determining which facts are relevant and disputed, and assessing the strength and admissibility of the available evidence to support or undermine the client's position.
In analysing a breach of contract claim, which of the following must be established to advise the client on the merits?
Answer: The existence of a valid contract, the specific term breached, that the breach caused loss, and the quantum of damages
A complete analysis of a breach of contract claim requires establishing: (1) a valid contract exists, (2) the specific term(s) breached, (3) the breach caused the client's loss (causation), and (4) the quantification of recoverable damages.
When conducting a case analysis, what is the significance of identifying the burden and standard of proof?
Answer: It determines which party must prove their case and to what degree, which directly affects strategy and evidence gathering
The burden of proof (who must prove their case) and the standard of proof (the degree of certainty required — balance of probabilities in civil, beyond reasonable doubt in criminal) are fundamental to case analysis as they shape evidence gathering and trial strategy.
A solicitor is analysing a negligence claim where the limitation period is about to expire. What is the most urgent step?
Answer: Issue proceedings to protect the client's position before the limitation period expires
When the limitation period is about to expire, the most urgent priority is to issue proceedings to preserve the client's cause of action. Failure to issue before the deadline would bar the claim entirely. Other steps, while important, can follow.
In analysing a dispute, what is the purpose of a chronology?
Answer: To organise key events in date order, identify gaps in the evidence, and present a clear narrative of what happened
A chronology is a fundamental case analysis tool. It organises events in date order, helping the solicitor identify the sequence of relevant events, spot gaps in evidence, understand the timeline, and present a clear narrative to the court.
When analysing the merits of a claim, what does 'prospects of success' mean in practical terms?
Answer: An assessment of the likelihood of the client succeeding on each issue, typically expressed as a percentage
Prospects of success is a professional assessment of the likelihood of the client's claim or defence succeeding, typically expressed as a percentage or category (e.g., good, reasonable, poor). It is essential for advising on litigation risk and for funding applications.