Opinion Writing & Drafting Flashcards

What is the primary purpose of a barrister's written opinion?

Answer: To provide an independent, objective assessment of the legal merits and advise on the best course of action

A written opinion is advisory — it gives the client and solicitor the barrister's honest assessment of the law and facts, including weaknesses, so informed decisions can be made.

Which part of a statement of case sets out the facts relied on by the claimant?

Answer: The particulars of claim

The particulars of claim are the claimant's primary pleading, setting out the facts on which the claim is based and the legal cause of action.

When drafting an indictment, each count must contain:

Answer: A statement of the offence and particulars of the offence disclosing essential facts

Each count in an indictment must have a statement of the offence (naming the crime and statute) and particulars giving enough detail to identify the specific conduct alleged.

What is the function of a 'skeleton argument' in appellate proceedings?

Answer: To summarise the key submissions, citing relevant authorities, so the judge can prepare before the hearing

A skeleton argument is a concise written document setting out the main legal arguments and key authorities so the court can pre-read and the oral hearing can focus on the most contentious issues.

In drafting a defence to a claim, which matters must be expressly denied?

Answer: Every allegation of fact in the particulars of claim that is not admitted — a failure to deal with an allegation may be taken as admission

CPR r.16.5 requires a defendant to deal with every allegation in the particulars of claim; unaddressed allegations may be treated as admissions.

The 'IRAC' method used in legal opinion writing stands for:

Answer: Issue, Rule, Application, Conclusion

IRAC is a structured analytical method: identify the Issue, state the Rule (law), Apply the rule to the facts, and reach a Conclusion — used widely in opinion writing and legal memos.