BPTC Advocacy Skills 1 — Questions and Answers
Question 1: Which principle requires a barrister to present their client's case fearlessly while remaining within the bounds of the law?
- Cab rank rule
- Zealous advocacy (Correct answer)
- Duty of candour
- Cab hire rule
Correct answer: Zealous advocacy
Zealous advocacy obliges a barrister to argue their client's case to the fullest extent permitted by law and professional rules.
Question 2: What is the primary purpose of an opening speech in a Crown Court trial?
- To summarise the evidence already heard
- To outline the prosecution's case and the evidence the jury will hear (Correct answer)
- To cross-examine witnesses
- To make a closing submission
Correct answer: To outline the prosecution's case and the evidence the jury will hear
The opening speech gives the jury a roadmap of the case, explaining what evidence will be called and how it supports the prosecution's case.
Question 3: Which technique involves asking short, closed questions that the witness must agree with in cross-examination?
- Eliciting technique
- Leading questioning (Correct answer)
- Open questioning
- Funnelling
Correct answer: Leading questioning
Leading questions suggest the answer within the question itself and are the standard tool in cross-examination to control the witness.
Question 4: A barrister discovers mid-trial that their client has lied on oath. What must the barrister do?
- Continue without disclosure
- Advise the client to correct the lie; if refused, withdraw (Correct answer)
- Inform the judge directly without telling the client
- Complete the case then report to the Bar Standards Board
Correct answer: Advise the client to correct the lie; if refused, withdraw
The barrister owes a duty of candour to the court; they must advise the client to correct the false evidence and, if the client refuses, must withdraw from the case.
Question 5: What does 're-examination' allow the advocate to do?
- Ask leading questions on new matters
- Clarify matters arising from cross-examination only (Correct answer)
- Repeat the examination-in-chief
- Challenge the witness's credibility
Correct answer: Clarify matters arising from cross-examination only
Re-examination is limited to clarifying issues that arose during cross-examination; it cannot introduce new topics.
Question 6: Which rule at the Bar requires a barrister to accept instructions in a field in which they practise, regardless of the client?
- Duty of confidentiality
- Cab rank rule (Correct answer)
- Conflict of interest rule
- Equality rule
Correct answer: Cab rank rule
The cab rank rule means a barrister must accept any brief in a field they practise in, at a proper fee, so no client is denied representation.
BPTC Advocacy Skills 1
Which principle requires a barrister to present their client's case fearlessly while remaining within the bounds of the law?