BPTC Advocacy and Oral Skills — Questions and Answers
Question 1: During examination-in-chief, which type of question is generally NOT permitted?
- Open questions
- Leading questions (Correct answer)
- Closed questions
- Clarifying questions
Correct answer: Leading questions
Leading questions (those which suggest the answer) are generally not permitted during examination-in-chief because the purpose is for the witness to give their own account in their own words. Leading questions are permitted in cross-examination, where the advocate is testing the evidence of the opposing party's witness.
Question 2: What is the primary purpose of cross-examination in advocacy?
- To allow the witness to expand on their evidence-in-chief
- To test the reliability and credibility of the witness's evidence and to put your client's case (Correct answer)
- To introduce new evidence not previously disclosed
- To ask the witness to speculate about events they did not witness
Correct answer: To test the reliability and credibility of the witness's evidence and to put your client's case
Cross-examination serves two main purposes: to challenge the accuracy and credibility of the witness's testimony, and to put your client's case to the witness (the rule in Browne v Dunn). Effective cross-examination uses focused, leading questions to control the witness and highlight weaknesses in their evidence.
Question 3: What is the rule in Browne v Dunn (1893) and why is it important in advocacy?
- It allows a barrister to refuse to cross-examine a hostile witness
- It requires a party to put their case to an opponent's witness during cross-examination if they intend to contradict that witness's evidence (Correct answer)
- It prevents barristers from asking leading questions during examination-in-chief
- It establishes the right to a closing speech in all criminal trials
Correct answer: It requires a party to put their case to an opponent's witness during cross-examination if they intend to contradict that witness's evidence
The rule in Browne v Dunn requires that if you intend to argue that a witness is lying or mistaken, you must put your version of events to that witness during cross-examination, giving them the opportunity to respond. Failure to do so may result in the court drawing adverse inferences or excluding the contradictory evidence.
Question 4: In a criminal trial at the Crown Court, who typically delivers the opening speech?
- The defence barrister
- The judge
- The prosecution barrister (Correct answer)
- The court clerk
Correct answer: The prosecution barrister
The prosecution opens the case because the burden of proof lies with the Crown. The prosecution barrister outlines the case, summarises the evidence to be called, and identifies the issues the jury will need to decide. The defence does not ordinarily make an opening speech unless calling evidence other than the defendant's testimony.
Question 5: What is a submission of no case to answer, and when is it made?
- It is made at the start of the trial to challenge jurisdiction
- It is made at the close of the prosecution's case, arguing the evidence is insufficient for a reasonable jury to convict (Correct answer)
- It is made after the jury has retired to consider its verdict
- It is made during sentencing to argue for a lighter sentence
Correct answer: It is made at the close of the prosecution's case, arguing the evidence is insufficient for a reasonable jury to convict
A submission of no case to answer (sometimes called a 'half-time submission') is made by the defence at the close of the prosecution's evidence. It argues that the prosecution has failed to adduce sufficient evidence upon which a reasonable jury, properly directed, could convict. If successful, the judge directs an acquittal.
Question 6: Which of the following is an essential skill when making oral submissions to a judge?
- Reading directly from a prepared script without deviation
- Structuring submissions logically, citing relevant authorities, and being responsive to judicial interventions (Correct answer)
- Speaking as quickly as possible to cover more points
- Avoiding eye contact with the judge to appear neutral
Correct answer: Structuring submissions logically, citing relevant authorities, and being responsive to judicial interventions
Effective oral submissions require clear structure, reference to relevant legal authorities, and the ability to respond to questions from the bench. Judges frequently intervene to test propositions, and an advocate must be able to adapt their submissions accordingly while maintaining the thread of their argument.
BPTC Advocacy and Oral Skills
During examination-in-chief, which type of question is generally NOT permitted?