SQE2 Legal Research — Questions and Answers
Question 1: When conducting legal research, what is the hierarchy of legal sources in English law?
- Case law, then statutes, then textbooks
- Primary legislation (Acts of Parliament), secondary legislation (statutory instruments), binding case law, then persuasive sources (Correct answer)
- Textbooks, then journal articles, then statutes
- EU law, then domestic case law, then statutes
Correct answer: Primary legislation (Acts of Parliament), secondary legislation (statutory instruments), binding case law, then persuasive sources
The hierarchy of legal sources in English law places primary legislation (Acts of Parliament) at the top, followed by secondary legislation (statutory instruments), binding case law (following the doctrine of precedent), and then persuasive sources such as obiter dicta, decisions of lower courts, and academic commentary.
Question 2: What is the doctrine of judicial precedent and how does it apply in the English court system?
- All courts can overrule any previous decision
- Higher courts' decisions bind lower courts, and courts are generally bound by their own previous decisions, with limited exceptions for the Supreme Court (Correct answer)
- Only the Supreme Court creates binding precedent
- Precedent does not apply in criminal cases
Correct answer: Higher courts' decisions bind lower courts, and courts are generally bound by their own previous decisions, with limited exceptions for the Supreme Court
The doctrine of judicial precedent (stare decisis) requires lower courts to follow the decisions of higher courts. The Supreme Court can depart from its own previous decisions under the Practice Statement [1966], but this power is used sparingly.
Question 3: When researching case law, what is the difference between the ratio decidendi and obiter dictum?
- There is no practical difference
- The ratio decidendi is the binding legal principle of the case, while obiter dictum is a non-binding judicial observation or remark (Correct answer)
- Obiter dictum is always more important than ratio
- Ratio decidendi only applies in criminal cases
Correct answer: The ratio decidendi is the binding legal principle of the case, while obiter dictum is a non-binding judicial observation or remark
The ratio decidendi is the legal principle upon which the decision is based and is binding on lower courts. Obiter dictum (plural: obiter dicta) consists of judicial observations made in passing that are not essential to the decision and are persuasive but not binding.
Question 4: A solicitor needs to check whether a statute has been amended or repealed. Which research tool would be most appropriate?
- Reading the original Queen's Printer copy only
- Using an online legislation database such as legislation.gov.uk (which shows the current version) or a legal database with annotations showing amendments (Correct answer)
- Checking a textbook published in the year the statute was enacted
- Asking a colleague from memory
Correct answer: Using an online legislation database such as legislation.gov.uk (which shows the current version) or a legal database with annotations showing amendments
Legislation.gov.uk provides the current (revised) version of UK statutes showing all amendments. Commercial databases like Westlaw UK and LexisNexis also show the current text with annotations detailing amendment history, commencement dates, and related statutory instruments.
Question 5: When using Westlaw UK or LexisNexis to research case law, what does a 'case citator' or 'case analysis' tool show?
- Only the full text of the judgment
- The subsequent judicial treatment of the case, including whether it has been followed, distinguished, overruled, or applied by later courts (Correct answer)
- Only the names of the barristers involved
- The judge's biography
Correct answer: The subsequent judicial treatment of the case, including whether it has been followed, distinguished, overruled, or applied by later courts
A case citator shows how a case has been treated by subsequent courts. It indicates whether the case has been followed, applied, distinguished, overruled, or considered, helping the researcher assess whether the case remains good law.
Question 6: Why is it important to check whether a piece of secondary legislation is still in force when conducting research?
- Secondary legislation never changes
- Statutory instruments can be amended, revoked, or may have expired (if subject to a sunset clause), so relying on an outdated version could lead to incorrect legal advice (Correct answer)
- Secondary legislation is not legally binding
- Courts do not consider secondary legislation
Correct answer: Statutory instruments can be amended, revoked, or may have expired (if subject to a sunset clause), so relying on an outdated version could lead to incorrect legal advice
Statutory instruments and other secondary legislation can be amended, revoked by subsequent instruments, or may contain expiry (sunset) provisions. A solicitor must verify the current status to ensure they are advising based on the law as it currently stands.
SQE2 Legal Research
When conducting legal research, what is the hierarchy of legal sources in English law?