Legal Drafting and Witness Statements
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Questions and Answers

Which of the following is a valid reason to leave out the word 'bloody' from the witness statement?

  • It is unnecessary and adds no value to the statement. (correct)
  • It's irrelevant to the case and could be considered inflammatory.
  • It could prejudice the jury against the defendant. (correct)
  • It's considered unprofessional language in legal documents. (correct)
  • Why should the reference to fraud be excluded from the witness statement?

  • It's misleading and could influence the jury's perception of the defendant.
  • It's a subjective opinion, and the witness statement should only contain objective facts.
  • It's irrelevant to the case and should be left to the lawyers to argue.
  • It's a legal conclusion, not a fact that the witness can testify to. (correct)
  • Why is it important to include the witness's own words in the statement as much as possible?

  • It ensures the statement is accurate and reflects their honest testimony.
  • It makes the statement more persuasive and believable to the jury.
  • It avoids any potential issues of misinterpretation or misrepresentation.
  • All of the above. (correct)
  • Which of the following is NOT a reason to exclude the statement about the defendant lining their pockets with the money?

    <p>It is a factual statement based on the witness's knowledge and is relevant to the case. (B)</p> Signup and view all the answers

    Which of the following best describes the legal professional's responsibility in drafting a witness statement?

    <p>To ensure the statement only includes facts relevant to the case and avoids any opinion or interpretation. (A)</p> Signup and view all the answers

    Why might the new tenant be entitled to refuse to draft the defence statement in this instance?

    <p>They are not being paid for the work and are not obligated to do work that is not compensated. (C)</p> Signup and view all the answers

    Which of the following is NOT a valid reason for the new tenant to decline the instructions to draft the defence statement?

    <p>The new tenant does not have enough experience to draft such a document. (D)</p> Signup and view all the answers

    Why is it important for the new tenant to understand that they will not be paid for the defence statement work?

    <p>All of the above. (D)</p> Signup and view all the answers

    Jimmy, a barrister, is asked to appear at a tribunal hearing on behalf of a claimant. Which of the following statements accurately describes the legal implications of Jimmy's action?

    <p>Jimmy may legally appear at the tribunal hearing, and would not be in breach of either the BSB Handbook or the Legal Services Act 2007. (A)</p> Signup and view all the answers

    In which of the following scenarios is a barrister required to report themselves to the Bar Standards Board?

    <p>After being notified by the police that they are under investigation for fraud and will be interviewed, with a potential for charges. (A)</p> Signup and view all the answers

    A barrister is appearing before a judge named Elizabeth Jarman in the Crown Court. How should the barrister address her in court?

    <p>My Lady (A)</p> Signup and view all the answers

    While appearing before the Honorary Recorder of Gillfield, Deborah Winfield, how should a barrister address her in court?

    <p>Your Honour (B)</p> Signup and view all the answers

    A barrister is nearing the end of their second six-month period in chambers and is awaiting a decision regarding a tenancy. Which of the following actions is the most likely reason for this barrister to book no weekdays out of their diary for annual leave?

    <p>The barrister is worried that they won't get a tenancy if they take time off. (A)</p> Signup and view all the answers

    Which of the following actions is not generally encouraged for a barrister in the position described in Question 5?

    <p>Taking time off to relax and de-stress. (C)</p> Signup and view all the answers

    What is the most likely reason why a barrister in this situation would be concerned about taking time off for annual leave?

    <p>They worry they might be seen as lacking commitment to their work. (B)</p> Signup and view all the answers

    Which of the following types of actions would be LEAST likely to jeopardize a barrister's chances of obtaining a tenancy?

    <p>Taking a weeklong vacation during a busy period. (E)</p> Signup and view all the answers

    What is the main ethical concern Sally should consider before giving the ticket to Mr. Crook?

    <p>Whether giving the ticket to Mr. Crook would create a perception of bias or compromise her independence. (C)</p> Signup and view all the answers

    What is the most likely reason Sally should consider the perception of others when deciding whether to give the ticket to Mr. Crook?

    <p>Solicitors in the chambers could perceive Sally's actions as favoritism towards Mr. Crook, potentially impacting future business. (D)</p> Signup and view all the answers

    Why is it essential for Sally to keep a clear record of the ticket being given to Mr. Crook?

    <p>To prevent any future conflicts of interest between Sally and Mr. Crook, ensuring transparency and accountability. (C)</p> Signup and view all the answers

    Which of the following options best describes the ethical dilemma faced by the barrister in the second scenario?

    <p>The barrister must decide whether to reveal the truth about Mr. Twist's employment status, even if it could harm his case. (C)</p> Signup and view all the answers

    What is the main ethical principle that the barrister must consider when deciding whether to correct the pre-sentence report?

    <p>Candor to the court, which requires lawyers to be truthful and not mislead the court. (B)</p> Signup and view all the answers

    What is the potential consequence of the barrister correcting the pre-sentence report without Mr. Twist's consent?

    <p>It could damage the barrister's relationship with Mr. Twist and affect his ability to effectively represent him. (B)</p> Signup and view all the answers

    Why is it important for the barrister to investigate and verify the information provided by Mr. Twist and Julia?

    <p>To ensure that the information is accurate and not misleading, protecting the court from being deceived. (B)</p> Signup and view all the answers

    What is the best course of action for the barrister in this scenario?

    <p>Advise Mr. Twist of the potential consequences of his dishonesty and encourage him to be truthful with the court. (D)</p> Signup and view all the answers

    What is the MOST appropriate action for Nick to take regarding his supervisor's comment?

    <p>Report the comment to the relevant authorities, such as the Bar Standards Board or the Head of Chambers. (C)</p> Signup and view all the answers

    What is the PRIMARY ethical concern in the situation with the Pre-Trial Review hearing?

    <p>The importance of ensuring that all necessary legal directions are complied with. (C)</p> Signup and view all the answers

    What is the MOST appropriate action for the second-six pupil to take in the Pre-Trial Review hearing situation?

    <p>Inform the court of the unfulfilled direction and seek guidance on how to proceed. (D)</p> Signup and view all the answers

    What is the MOST likely reason Alisha's involvement in the current affairs program could be problematic?

    <p>It may undermine her independence and objectivity as a legal professional due to the fee involved. (C)</p> Signup and view all the answers

    What ethical principle is MOST relevant to Alisha's decision to participate in the current affairs program?

    <p>Duty to act with integrity. (A)</p> Signup and view all the answers

    Which of the following statements accurately reflects the advice given to the pupil barrister about questioning their client in a criminal defence trial?

    <p>The pupil should allow the client to lead the conversation without a structured approach to put them at ease. (D)</p> Signup and view all the answers

    Assuming Alisha decides to participate, what is the MOST important factor she needs to consider?

    <p>The potential for her comments to prejudice future defendants in similar cases. (D)</p> Signup and view all the answers

    If Alisha decided to accept the opportunity to appear on the panel, what is the MOST appropriate way for her to address the potential for bias?

    <p>Seek advice from a senior colleague about how to approach the discussion to ensure impartiality. (D)</p> Signup and view all the answers

    A second six pupil is threatened by opposing counsel in a road traffic collision case. Which action should the pupil NOT take immediately?

    <p>File a complaint against the opposing counsel with the Bar Standards Board. (D)</p> Signup and view all the answers

    What is the MOST likely outcome if Nick reported the supervisor’s comment without any evidence?

    <p>Nick will be accused of making a false accusation and face disciplinary action. (B)</p> Signup and view all the answers

    What is considered a reserved legal activity, meaning only a registered barrister can perform it?

    <p>Representing a claimant in a County Court trial. (D)</p> Signup and view all the answers

    Which of the following statements accurately describes the limits of an unregistered barrister's ability to provide legal services?

    <p>An unregistered barrister can only provide services related to non-reserved legal activities. (C)</p> Signup and view all the answers

    What is the primary concern that the pupil supervisor is expressing when advising the pupil to not develop a case theory before meeting with their client for the first time?

    <p>Having a pre-conceived theory can lead to ignoring evidence that doesn't fit that theory. (A)</p> Signup and view all the answers

    What is the primary concern the pupil supervisor is expressing when advising the pupil to not refer the client to specifics in the media?

    <p>It is essential to avoid leading the client's testimony and to maintain objectivity. (B)</p> Signup and view all the answers

    What is the primary concern the pupil supervisor is expressing when advising the pupil against drawing attention to potential defenses during questioning?

    <p>This approach could result in the client feeling pressured to conform to the lawyer's understanding of the facts. (C)</p> Signup and view all the answers

    What is the primary concern the pupil supervisor is expressing when advising the pupil to let the client take control of telling their story during conference?

    <p>This approach allows the client to feel comfortable and open to sharing all relevant information. (C)</p> Signup and view all the answers

    A barrister is defending a client accused of possessing drugs with intent to supply. The client insists the drugs were planted and refuses to testify. Which action is ethically permissible?

    <p>The barrister should confront the arresting officer with the planting allegation during cross-examination but not mention it in the closing speech. (A)</p> Signup and view all the answers

    During a County Court final hearing, the opposing counsel inadvertently reveals confidential information relevant to the case. What is the ethically correct action to take?

    <p>Seek the Judge's permission in private to use the information. (B)</p> Signup and view all the answers

    A prosecutor has outlined the facts and previous convictions of a defendant pleading guilty in the Crown Court. What is the prosecutor's primary responsibility at this stage?

    <p>Ensure a fair and impartial presentation of the case, balancing the defendant's rights with the interests of justice. (D)</p> Signup and view all the answers

    A barrister defending a client in a criminal case learns that the prosecution has a witness who will provide key testimony against the defendant. The barrister knows that the witness has a history of dishonesty and may not be credible. How should the barrister proceed?

    <p>Attempt to discredit the witness's testimony by highlighting their history of dishonesty during cross-examination. (A)</p> Signup and view all the answers

    A barrister defending a client in a civil case is aware that the client has committed perjury. What is the barrister's ethical obligation?

    <p>Withdraw from representing the client to avoid involvement in the perjury. (D)</p> Signup and view all the answers

    A barrister defending a client charged with theft is aware that the client has a strong alibi but refuses to provide evidence to support it. What should the barrister do?

    <p>Respect the client's decision, but explain the potential consequences of not providing evidence. (D)</p> Signup and view all the answers

    Flashcards

    Witness Statement Guidelines

    A witness statement should reflect the client's own words as much as possible.

    Exclusion of Irrelevant Words

    Words that add no meaning, like 'bloody', should be omitted.

    Reference to Fraud

    Including the mention of fraud in a witness statement may not be appropriate.

    Completeness of Evidence

    A witness statement should contain all reasonably expected evidence.

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    Defence Statement Role

    A defence statement outlines the accused's case for trial.

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    Instructions from Clerk

    Clerk may assign tasks, but payment for certain tasks may not be guaranteed.

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    Obligation to Perform Work

    New tenants may feel pressured to complete assigned tasks from superiors.

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    Right to Refuse Work

    If not paid for certain tasks, a tenant may refuse those instructions.

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    Plea in Mitigation

    A statement made to the court aiming to reduce the severity of a sentence.

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    Confirmation Bias

    The tendency to favor information that confirms existing beliefs.

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    Witness Coaching

    Improving a witness's testimony in a way that is unethical or misleading.

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    Structured Questioning

    A method of asking questions in a systematic way.

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    Bar Standards Board (BSB)

    The regulatory body for barristers in England and Wales.

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    Reserved Legal Activities

    Legal services restricted to qualified lawyers, such as representation in court.

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    County Court Representation

    Acting as an advocate for a claimant in County Court.

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    Unregistered Barrister

    A barrister who is not registered with the Bar Standards Board.

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    Considerations for Gift Giving

    Factors Sally should evaluate before giving her ticket to Mr. Crook.

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    Independence Compromise

    The risk that giving the ticket compromises Sally's professional independence.

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    Duty to the Court

    The obligation an attorney has to ensure the court receives accurate information.

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    Employment Status Misrepresentation

    When a defendant misrepresents their job status to appear more favorable in court.

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    Pre-Sentence Report Accuracy

    The importance of ensuring the correctness of information in a pre-sentence report.

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    Julia's Influence

    The potential impact of Mr. Twist's friend on his case and reputation.

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    Reporting Ethical Obligations

    The responsibility to correct misleading information provided to the court, despite client wishes.

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    Reserved legal activity

    Activities that can only be carried out by authorized professionals, like barristers or solicitors.

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    Legal Services Act 2007

    UK law that regulates the provision of legal services and defines reserved legal activities.

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    BSB Handbook

    The guide set by the Bar Standards Board outlining professional conduct for barristers.

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    Reporting requirement to BSB

    Circumstances under which barristers must report themselves to the Bar Standards Board.

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    Addressing a Judge in Court

    The correct forms of address used when speaking to a judge in open court.

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    Appearance before a recorder

    Formal process where barristers refer to judges in court; 'Your Honour' or 'My Lady'.

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    Tenancy in Chambers

    The decision regarding a barrister's permanent position in a legal chamber after the second six.

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    Legal representation in tribunal

    The act of appearing and providing legal assistance at a tribunal hearing.

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    Confidential Disclosure

    A pupil's private report to a supervisor about misconduct.

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    Supervisor Misconduct

    Inappropriate behavior by a supervisor towards a pupil.

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    Reporting Procedures

    Actions to take when misconduct is disclosed to maintain ethical standards.

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    Pre-Trial Review Hearings

    Meetings to ensure all necessary legal directions are followed before trial.

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    Experience Assessment

    Determining if one is sufficiently skilled for a given task.

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    Legal Impartiality

    The duty to remain unbiased while discussing cases publicly.

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    Post-Acquittal Engagements

    Participation in discussions or media appearances after a legal case concludes.

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    Client Confidentiality Ethics

    Ethical guidelines preventing disclosure of client information.

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    Present to Client

    A barrister may give a gift to a professional client after case conclusion.

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    Allegation Cross-examination

    You can cross-examine on an allegation only if supported by evidence.

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    Privacy of Confidential Information

    Revealed confidential information from opposing counsel limits your actions.

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    Judge’s Permission Requirement

    You must seek the judge's permission to use disclosed info in hearings.

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    Defendant’s Plea

    A plea of guilty includes outlining facts and prior convictions to the judge.

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    Legal Ethics in Court Conversation

    Conversations in court may inadvertently disclose confidential information.

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    Implications of Giving Evidence

    If a defendant refuses to give evidence, it affects the cross-examination approach.

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    Closing Speech Strategy

    Mentioning unproven allegations in a closing speech could mislead the jury.

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    Study Notes

    Ethics - Question Bank

    • This document is a question bank for the Bar Professional Course at the University of London.
    • It covers professional ethics for barristers.
    • It includes questions and potential answers to ethical dilemmas.
    • It focuses on legal ethics and professional conduct for barristers.
    • The questions cover various scenarios involving ethical issues and judgment calls.

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    Related Documents

    Ethics MCQs Past Paper PDF

    Description

    Test your knowledge on the principles of legal drafting, particularly focusing on witness statements. This quiz covers the reasons for inclusion and exclusion of certain phrases and the responsibilities of legal professionals in preparing these documents. Ensure you understand the nuances of effective legal communication.

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