SQE2 Legal Research 2 — Questions and Answers
Question 1: A solicitor is researching a novel legal point with no directly applicable UK authority. Which sources might provide persuasive guidance?
- Only UK statutes
- Decisions from other common law jurisdictions (such as Australia, Canada, or New Zealand), academic commentary, and Law Commission reports (Correct answer)
- Only the solicitor's personal opinion
- Decisions from civil law jurisdictions only
Correct answer: Decisions from other common law jurisdictions (such as Australia, Canada, or New Zealand), academic commentary, and Law Commission reports
Where no UK authority exists, courts may consider persuasive sources including decisions from other common law jurisdictions, academic commentary from leading textbooks and journals, Law Commission reports, and relevant international conventions or comparative law.
Question 2: What is the significance of the neutral citation system for judgments in England and Wales?
- It replaces all other citation methods
- It provides a unique, media-neutral identifier for each judgment that is independent of any law report series, enabling consistent citation across all platforms (Correct answer)
- It is only used for Supreme Court cases
- It was abolished in 2010
Correct answer: It provides a unique, media-neutral identifier for each judgment that is independent of any law report series, enabling consistent citation across all platforms
The neutral citation system, introduced in 2001, assigns each judgment a unique identifier (e.g., [2024] EWHC 123 (Ch)) that is independent of any law report. It allows consistent citation across print and electronic sources and is now the primary citation for recent judgments.
Question 3: When presenting research findings to a supervisor or client, what is the recommended approach?
- Provide raw search results without analysis
- Summarise the key findings, identify the applicable legal principles, explain how they apply to the client's situation, and highlight any uncertainties or conflicting authorities (Correct answer)
- Only present findings that support the client's position
- Send a list of case names without summaries
Correct answer: Summarise the key findings, identify the applicable legal principles, explain how they apply to the client's situation, and highlight any uncertainties or conflicting authorities
Effective presentation of research requires synthesis: summarising key findings, identifying the relevant legal principles, applying them to the specific facts, and honestly highlighting any areas of uncertainty, conflicting authority, or gaps in the law.
Question 4: What is a Halsbury's Laws of England entry and when is it useful in legal research?
- It is a collection of unreported cases
- It is an encyclopaedic statement of the law of England and Wales, organised by subject, useful as a starting point for researching an unfamiliar area of law (Correct answer)
- It is a database of European Union legislation only
- It is a law firm's internal knowledge management system
Correct answer: It is an encyclopaedic statement of the law of England and Wales, organised by subject, useful as a starting point for researching an unfamiliar area of law
Halsbury's Laws is a comprehensive legal encyclopaedia that provides authoritative statements of the law of England and Wales, organised by subject area. It is particularly useful as a starting point when researching an unfamiliar legal topic, as it summarises the law with references to primary sources.
Question 5: A solicitor is researching retained EU law following Brexit. Which key statute governs how EU law was preserved in domestic law?
- The Human Rights Act 1998
- The European Union (Withdrawal) Act 2018 (as amended by the Retained EU Law (Revocation and Reform) Act 2023) (Correct answer)
- The Constitutional Reform Act 2005
- The European Communities Act 1972
Correct answer: The European Union (Withdrawal) Act 2018 (as amended by the Retained EU Law (Revocation and Reform) Act 2023)
The European Union (Withdrawal) Act 2018 converted existing EU law into domestic law (retained EU law) at the end of the transition period. The Retained EU Law (Revocation and Reform) Act 2023 further reformed this framework, revoking certain retained EU laws and changing the status of others.
Question 6: What is the purpose of a legal research trail or audit?
- To increase billing
- To create a record of the research process, including sources consulted, search terms used, and results found, ensuring thoroughness and enabling the research to be verified or updated (Correct answer)
- To demonstrate the solicitor's academic qualifications
- To satisfy advertising regulations
Correct answer: To create a record of the research process, including sources consulted, search terms used, and results found, ensuring thoroughness and enabling the research to be verified or updated
A research trail documents the research methodology: which sources were consulted, what search terms were used, what results were found, and what conclusions were drawn. This ensures thoroughness, avoids duplication, and allows the research to be verified, updated, or continued by others.
SQE2 Legal Research 2
A solicitor is researching a novel legal point with no directly applicable UK authority.
Which sources might provide persuasive guidance?