SQE2 Case & Matter Analysis 2

Question 1

In criminal case analysis, what must be established to convict of a serious criminal offence?

Accepted Answer

Both actus reus and mens rea coinciding in time

Answer

Criminal liability for most serious offences requires the coincidence of actus reus (the prohibited act) and mens rea (the requisite mental element) at the same time.

Question 2

In the multi-track, the Pre-Trial Checklist (Listing Questionnaire) is sent out:

Accepted Answer

Approximately 8–10 weeks before the trial window

Answer

The Pre-Trial Checklist is typically sent 8–10 weeks before the trial date to ensure all directions have been complied with and the case is ready for listing.

Question 3

Under CPR Part 36, a valid Part 36 offer must:

Accepted Answer

Be in writing, state it is made pursuant to Part 36 and offer to pay a sum in settlement

Answer

A Part 36 offer must comply with CPR r.36.5: it must be in writing, state that it is a Part 36 offer and remain open for at least 21 days, and specify the relevant period.

Question 4

In employment tribunal proceedings, a claim for unfair dismissal must ordinarily be presented within:

Accepted Answer

3 months less one day from the effective date of termination

Answer

Employment tribunal claims for unfair dismissal must be presented within 3 months less one day from the effective date of termination, subject to early ACAS conciliation.

Question 5

The 'but for' test in causation requires the claimant to prove:

Accepted Answer

The damage would not have occurred but for the defendant's breach

Answer

The basic causation test asks whether, but for the defendant's negligent act or omission, the claimant would have suffered the same loss; if so, causation is not established.

SQE2 Practice Test

SQE2 Practice Test

SQE2 Case & Matter Analysis 2