Bar Training Course (BTC) Drafting, Opinion Writing and Legal Research Syllabus

Drafting, Opinion Writing and Legal Research syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Drafting, Opinion Writing and Legal Research in Bar Training Course (BTC), not a summary of it.

1. 1

   Legal Research Skills

   4 topics

   • Identifying the legal issue and research strategy
   • Using primary and secondary sources
     • Legislation, case law and practitioner texts
     • Electronic databases and updating the law
   • Recording and presenting research results
   • Verifying that the law is current (noting up)
2. 2

   Opinion Writing

   4 topics

   • Structure of a written opinion
     • Conclusion-led reasoning and signposting
     • Advising on the merits and quantum
   • Identifying and analysing the issues
   • Applying law to fact and advising on evidence
     • Gaps in the evidence and next steps
   • Giving clear, commercial and practical advice
3. 3

   Drafting Statements of Case and Documents

   4 topics

   • Principles of good drafting
     • Clarity, precision and use of plain English
   • Drafting particulars of claim and defences
   • Drafting interim application notices and orders
   • Drafting skeleton arguments

Drafting, Opinion Writing and Legal Research flashcards for Bar Training Course (BTC)

18 of 50 cards from the Drafting, Opinion Writing and Legal Research deck — real questions with worked answers.

1. What is the first step in any legal research task before consulting any source?

   Identifying and precisely defining the legal issue (issue identification): analysing the facts to determine which area(s) of law apply, what the client wants to achieve, and framing the question into a researchable form.

2. What is a structured research strategy and what are its typical stages?

   A planned approach to finding the answer: (1) analyse facts and identify the legal issue; (2) identify keywords/legal categories; (3) select appropriate sources (general to specific); (4) search and record findings; (5) update/note up to confirm the law is current; (6) apply law to facts and present results.

3. What is the difference between primary and secondary legal sources?

   Primary sources are the law itself: legislation (statutes, statutory instruments) and case law (judgments). Secondary sources explain, interpret or comment on the law: textbooks, practitioner works, journal articles, encyclopedias and Halsbury's Laws.

4. Why should research usually begin with a secondary source rather than a primary source?

   Secondary sources (e.g. textbooks, Halsbury's Laws, practitioner works) give an overview of the area, explain principles in context and direct you to the relevant primary authorities, providing an efficient starting point and saving time.

5. What is Halsbury's Laws of England and what is it used for?

   An encyclopedia providing a comprehensive narrative statement of the whole of English law, arranged by subject. It is used as a starting point to obtain an overview of an area and references to relevant statutes and cases.

6. Name the principal practitioner works for civil and criminal procedure in England and Wales.

   Civil: the White Book (Civil Procedure) and the Green Book (Civil Court Practice). Criminal: Archbold and Blackstone's Criminal Practice.

7. What does it mean to verify that the law is 'current'?

   Confirming that the statute, statutory instrument or case you rely on is still in force and good law: not repealed, amended, overruled, reversed or distinguished, and reflects the most recent position at the date of advising.

8. What is 'noting up' a case?

   The process of checking the subsequent judicial and legislative treatment of a case to confirm it is still good law: whether it has been followed, applied, distinguished, doubted, overruled or reversed.

9. Which research tools are commonly used to note up cases and check whether they are still good law?

   Online databases such as Westlaw (using KeyCite/case analysis flags) and LexisNexis (using case status signals), and the Current Law Case Citator.

10. On Westlaw, what do the red, yellow and green status flags indicate when noting up a case?

    Red: negative treatment / no longer good law on at least one point (e.g. overruled, reversed). Yellow: some caution / possible negative or limited treatment. Green: positive or neutral treatment with no known negative history.

11. How do you check whether a statutory provision is in force and up to date?

    Check legislation.gov.uk for in-force status and amendments, use Halsbury's Statutes / Is It In Force?, and use Westlaw or LexisNexis annotated statutes which show commencement, amendments and prospective changes.

12. What is the difference between a statute being 'repealed' and 'amended'?

    Repealed means the provision has been removed and is no longer law. Amended means the wording or effect of the provision has been changed but it remains in force in its altered form.

13. What does it mean when a higher court 'overrules' a previous case, and how does this differ from 'reversing' a case?

    Overruling: a higher court in a later, different case decides the legal principle in the earlier case was wrong, so it ceases to be good law. Reversing: an appellate court changes the outcome of the same case on appeal.

14. What is the difference between a case being 'distinguished' and 'applied'?

    Distinguished: a court finds the material facts differ from the precedent so it does not apply. Applied: a court treats the precedent's principle as governing and uses it to decide the instant case.

15. When recording research results, what key details must you record about each source?

    The full citation, the date the source was last updated/checked, the relevant proposition and where it is found (page/paragraph), and the date the research was carried out, so the work can be relied on and reproduced.

16. Why is it important to record the date on which research was carried out?

    Because the law changes; recording the date shows the position was current as at that date, supports professional accountability, and signals when the research may need to be refreshed before being relied upon.

17. What are the essential components when presenting research results to a client or instructing solicitor?

    A clear statement of the question, a concise answer/conclusion, the supporting authorities (primary sources), the reasoning applying law to the facts, and any caveats or further information required.

18. What is a neutral citation and what does it look like?

    A court-assigned citation independent of any law report series, e.g. [2023] UKSC 15 or [2023] EWCA Civ 100, identifying the court, year and judgment number. It enables a case to be cited regardless of report series.

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