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

Actus reus alone

Answer

Mens rea alone if it is sufficiently serious

Answer

Motive and opportunity

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

At the allocation stage

Answer

Immediately after the defence is filed

Answer

At the first hearing in the County Court

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

Be made at any time including during closing submissions

Answer

Remain open for only 7 days unless withdrawn

Answer

Be made only by defendants

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

6 months from termination

Answer

1 year from termination

Answer

28 days from dismissal

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 defendant was the last person to act before the injury

Answer

The defendant intended the consequences

Answer

Loss was foreseeable at the time of breach

Question 6

In a commercial contract dispute, an exclusion clause will only limit liability if it:

Accepted Answer

Satisfies the reasonableness test under the Unfair Contract Terms Act 1977 (if applicable)

Answer

Is printed in capital letters

Answer

Is initialled by both parties

Answer

Was verbally agreed at the time of contracting