SQE2 Legal Writing 2

Question 1

When drafting a witness statement for use in civil proceedings, what rules must be followed under Practice Direction 32?

Accepted Answer

It must be in the witness's own words, contain a statement of truth, be in the first person, and deal with matters of fact within the witness's knowledge

Answer

The statement can be in any format the witness prefers

Answer

It should be drafted entirely by the solicitor without the witness's input

Answer

It can include opinion evidence from any witness

Question 2

What is a statement of case under the Civil Procedure Rules?

Accepted Answer

A formal document that includes the claim form, particulars of claim, defence, and any counterclaim, setting out each party's case

Answer

An informal summary of the dispute

Answer

A closing speech at trial

Answer

A summary judgment application

Question 3

When responding to a letter of claim on behalf of a defendant, what should the response include?

Accepted Answer

An acknowledgment of the letter, the defendant's version of events, which allegations are admitted or denied, and any additional points the defendant wishes to raise

Answer

A simple denial of all allegations without detail

Answer

A counter-threat of litigation

Answer

No response is necessary under any protocol

Question 4

What is the purpose of a Part 36 offer in civil litigation, and how should it be drafted?

Accepted Answer

It is a formal written offer to settle under CPR Part 36 that carries specific costs consequences if not beaten at trial, and must comply with the formal requirements of Part 36

Answer

It is a casual settlement discussion with no formal consequences

Answer

It is a request for summary judgment

Answer

It is an offer that can only be made by claimants

Question 5

When drafting a contract, what is the importance of a 'boilerplate' clause such as an entire agreement clause?

Accepted Answer

It defines the scope of the parties' agreement by stating that the written contract represents the entire agreement, excluding prior negotiations and representations

Answer

It has no legal significance and is merely conventional

Answer

It is only used in international contracts

Answer

It automatically makes the contract enforceable

Question 6

A solicitor needs to draft an urgent application notice under CPR Part 23. What essential elements must it contain?

Accepted Answer

The order sought, the legal basis for the application, and must be accompanied by evidence (if required) and a draft order

Answer

Only the name of the applicant

Answer

A full trial bundle

Answer

Only a covering letter to the court