BPTC Advocacy Skills 3

Question 1

Which of the following is a proper ground for objecting to a question in cross-examination?

Accepted Answer

The question calls for inadmissible hearsay

Answer

An objection is proper when the question seeks to elicit evidence that is inadmissible, such as hearsay, opinion without qualification, or privileged matter.

Question 2

What is the significance of a 'no case to answer' submission in a criminal trial?

Accepted Answer

The defence submits that even on the prosecution's best case, no reasonable tribunal could convict

Answer

A no-case submission (Galbraith test) argues that the prosecution evidence is so weak or so discredited that the case should be withdrawn from the jury.

Question 3

Under the BSB Handbook, a barrister must not deceive or knowingly or recklessly mislead which of the following?

Accepted Answer

The court

Answer

Core Duty 3 of the BSB Handbook requires barristers never to mislead the court, because their duty to the administration of justice overrides all other duties except their duty not to act unlawfully.

Question 4

What does 'putting your case' in cross-examination require?

Accepted Answer

Putting your client's version of disputed facts to the opposing witness

Answer

Putting your case means confronting the opposing witness with the facts your client alleges so the witness has an opportunity to accept or deny them.

Question 5

An advocate in the Court of Appeal discovers an authority directly against their argument. What should they do?

Accepted Answer

Draw the court's attention to it and distinguish or concede it

Answer

The duty of candour requires an advocate to bring adverse authorities to the court's attention, even if they are unhelpful to the client.

BPTC Practice Test

BPTC Practice Test

BPTC Advocacy Skills 3