BPTC Opinion Writing & Drafting

Question 1

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

Accepted Answer

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

Answer

To advocate the client's position as strongly as possible in writing

Answer

To draft pleadings for the solicitor to settle

Answer

To record the barrister's instructions for the file

Question 2

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

Accepted Answer

The particulars of claim

Answer

The prayer for relief

Answer

The defence

Answer

The reply

Question 3

When drafting an indictment, each count must contain:

Accepted Answer

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

Answer

A reference to the maximum sentence

Answer

The defendant's criminal record

Answer

The names of all prosecution witnesses

Question 4

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

Accepted Answer

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

Answer

To replace the oral hearing entirely

Answer

To provide a full transcript of the trial below

Answer

To list all evidence relied on at first instance

Question 5

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

Accepted 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

Answer

All allegations, even those the defendant has no knowledge of

Answer

Only those facts that directly establish liability

Answer

Only those facts relating to quantum

Question 6

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

Accepted Answer

Issue, Rule, Application, Conclusion

Answer

Introduction, Research, Argument, Conclusion

Answer

Instruction, Relevance, Analysis, Costs

Answer

Instruction, Research, Advice, Client care letter