SQE2 Written Skills Flashcards
Research, Drafting, CMA, Writing
Legal Research:
Which authorities should be quoted - primary or secondary?
Primary
Legal Research:
What are secondary sources useful for?
Finding the answer as part of a commentary, then working back from there.
Legal Research:
What is the most useful way of structuring that examiners love?
Sub headings
Legal Research:
Can you cite a textbook?
Only if referring to a primary source
Eg: Robinson-Pierre [2013] EWCA Crim 2396 [2014] 1 WLR 2368 as cited in Blackstone’s Criminal Practice (B20.9).
Legal Research:
How should LR be structured?
IRAC
Issue - brief facts
Relevant Law
Apply the law
Conclusions drawn as a result
Legal Research:
If using IRAC, which section should set out the detailed analysis?
A - Applying the law
Drafting:
How should frequently used terms be addressed in drafting?
Define them at the start.
Drafting:
When defining a term, should brackets be used?
No.
Drafting:
Interest: What calculations should be shown?
Should be per day.
Drafting:
How should the claimant and defendant be defined in particulars of claim?
At all material times the Claimant was a freelance writer of educational material and the Defendant was an educational provider.
Drafting
For a contract claim, how should the POC be structured? (8)
The parties
The contract
The express terms of the contract
What happened
The breach
Interest
————
The total financial claim plus interest
Statement of truth
Drafting:
What is the wording of the regular statement of truth?
I believe that the facts stated in these Particulars of Claim are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
Drafting
For a contract claim, how should the POC be structured? (8)
The ?????????
The contract
The express terms of the contract
What happened
The breach
Interest
————
The total financial claim plus interest
Statement of truth
parties
Drafting
For a contract claim, how should the POC be structured? (8)
The parties
The ?????????
The express terms of the contract
What happened
The breach
Interest
————
The total financial claim plus interest
Statement of truth
contract
Drafting
For a contract claim, how should the POC be structured? (8)
The parties
The contract
The ????????? of the contract
What happened
The breach
Interest
————
The total financial claim plus interest
Statement of truth
express terms
Drafting
For a contract claim, how should the POC be structured? (8)
The parties
The contract
The express terms of the contract
What ??????
The breach
Interest
————
The total financial claim plus interest
Statement of truth
happened
Drafting
For a contract claim, how should the POC be structured? (8)
The parties
The contract
The express terms of the contract
What happened
The ???????
Interest
————
The total financial claim plus interest
Statement of truth
breach
Drafting
For a contract claim, how should the POC be structured? (8)
The parties
The contract
The express terms of the contract
What happened
The breach
????????
————
The total financial claim plus interest
Statement of truth
Interest
Drafting
For a contract claim, how should the POC be structured? (8)
The parties
The contract
The express terms of the contract
What happened
The breach
Interest
————
The ???????? plus interest
Statement of truth
total financial claim
Drafting
For a contract claim, how should the POC be structured? (8)
The parties
The contract
The express terms of the contract
What happened
The breach
Interest
————
The total financial claim plus interest
???????????
Statement of truth
Legal writing
After the names / dates and so on, what is it good practice to include first?
An introductory paragraph.
When could next steps be relevant in a CMA?
For instance when in a criminal case (ongoing) an analysis as to the case has been asked for.
