Legal Systems, Methods and Professional Conduct
Sources and hierarchy of law
A candidate must be able to rank the sources of law and explain the doctrine of precedent. Courts are bound by the ratio decidendi of a higher court in the same hierarchy; obiter dicta are persuasive only. The ratio is the legal principle necessary to the decision, not the facts and not every remark made in the judgment.
Statutory interpretation
Know the literal, golden, mischief and purposive approaches, the presumptions (statutes are not retrospective, do not alter the common law, and penal provisions are construed strictly) and the maxims - ejusdem generis, expressio unius est exclusio alterius, noscitur a sociis. Methods also include the use of explanatory memoranda, marginal notes of limited value, and the principle that later, more specific legislation prevails.
Professional conduct
The duty to the court and to the administration of justice overrides the duty to the client. Learn: confidentiality (which survives the retainer), conflicts of interest (which must be identified, managed or declined - an inherent conflict exists if you act for both sides of a transaction), undertakings (personally binding and must be honoured even if the client refuses to fund them), client money rules, and the prohibition on misleading the court or the other side.
Traps
Questions reward the stricter answer. Where two options look plausible, choose the one that protects the client's confidence and the court's integrity over the commercially convenient one. Do not assume a lawyer may act for both buyer and seller because the transaction is 'simple'. Do not confuse a failure to follow a client's instruction with a breach of the duty to the court - they are different duties and rank differently.
Rule of thumb: for every conduct question ask - who is my client, what exactly did I promise, and what would a regulator see on the file?