BPTC Opinion Writing & Drafting 1 — Questions and Answers
Question 1: What is the primary purpose of a barrister's written opinion?
- To advocate the client's position as strongly as possible in writing
- To provide an independent, objective assessment of the legal merits and advise on the best course of action (Correct answer)
- To draft pleadings for the solicitor to settle
- To record the barrister's instructions for the file
Correct answer: To provide an independent, objective assessment of the legal merits and advise on the best course of action
A written opinion is advisory — it gives the client and solicitor the barrister's honest assessment of the law and facts, including weaknesses, so informed decisions can be made.
Question 2: Which part of a statement of case sets out the facts relied on by the claimant?
- The prayer for relief
- The particulars of claim (Correct answer)
- The defence
- The reply
Correct answer: The particulars of claim
The particulars of claim are the claimant's primary pleading, setting out the facts on which the claim is based and the legal cause of action.
Question 3: When drafting an indictment, each count must contain:
- A reference to the maximum sentence
- A statement of the offence and particulars of the offence disclosing essential facts (Correct answer)
- The defendant's criminal record
- The names of all prosecution witnesses
Correct answer: A statement of the offence and particulars of the offence disclosing essential facts
Each count in an indictment must have a statement of the offence (naming the crime and statute) and particulars giving enough detail to identify the specific conduct alleged.
Question 4: What is the function of a 'skeleton argument' in appellate proceedings?
- To replace the oral hearing entirely
- To summarise the key submissions, citing relevant authorities, so the judge can prepare before the hearing (Correct answer)
- To provide a full transcript of the trial below
- To list all evidence relied on at first instance
Correct answer: To summarise the key submissions, citing relevant authorities, so the judge can prepare before the hearing
A skeleton argument is a concise written document setting out the main legal arguments and key authorities so the court can pre-read and the oral hearing can focus on the most contentious issues.
Question 5: In drafting a defence to a claim, which matters must be expressly denied?
- All allegations, even those the defendant has no knowledge of
- Every allegation of fact in the particulars of claim that is not admitted — a failure to deal with an allegation may be taken as admission (Correct answer)
- Only those facts that directly establish liability
- Only those facts relating to quantum
Correct answer: Every allegation of fact in the particulars of claim that is not admitted — a failure to deal with an allegation may be taken as admission
CPR r.16.5 requires a defendant to deal with every allegation in the particulars of claim; unaddressed allegations may be treated as admissions.
Question 6: The 'IRAC' method used in legal opinion writing stands for:
- Introduction, Research, Argument, Conclusion
- Issue, Rule, Application, Conclusion (Correct answer)
- Instruction, Relevance, Analysis, Costs
- Instruction, Research, Advice, Client care letter
Correct answer: Issue, Rule, Application, Conclusion
IRAC is a structured analytical method: identify the Issue, state the Rule (law), Apply the rule to the facts, and reach a Conclusion — used widely in opinion writing and legal memos.
BPTC Opinion Writing & Drafting 1
What is the primary purpose of a barrister's written opinion?