Bar Transfer Test

Section 3 Mock MCT 2

May 2014
BTT: LITIGATION AND EVIDENCE MOCK MCT 2
Civil Litigation
Question 1
Which one of the folloing !ro!ositions is "#C$%%&CT'
The overri(ing o)*ective entails (ealing ith a case in ays hich are
!ro!ortionate to+
[A] The complexity of the i!e"
[B] The impo#t$%ce of the c$e"
[C] The fi%$%ci$l poitio% of the p$#tie"
[D] The impo#t$%ce of the p$#tie"
Question 2
,lenn- (o.icile( in &nglan(- is in*ure( )y /einrich hilst !laying a foot)all
.atch in 0rance1 /einrich is (o.icile( in ,er.any1 ,lenn ishes to co..ence
!rocee(ings against /einrich clai.ing (a.ages for !ersonal in*uries sustaine(1
/einrich refuses to consent to the case !rocee(ing in the &nglish courts1
"nstructing Solicitors seek your a(vice as to here !rocee(ings can )e
co..ence(1
Which one of the folloing is C$%%&CT'
[A] &ei%#ich m!t 'e !e( i% Ge#m$%y 'ec$!e thi i hi co!%t#y of (omicile"
[B] &ei%#ich c$% 'e !e( i% eithe# Ge#m$%y) $ the co!%t#y of hi (omicile) o# i%
*#$%ce) $ the co!%t#y +he#e the to#t +$ $lle,e( to h$-e occ!##e( o# +he#e the
lo +$ !ffe#e("
[C] &ei%#ich c$% 'e !e( i% eithe# Ge#m$%y o# E%,l$%() i%ce the #!le $llo+
p#ocee(i%, to 'e comme%ce( i% the co!%t#y of (omicile of eithe# the cl$im$%t o#
(efe%($%t"
[D] &ei%#ich m!t 'e !e( i% *#$%ce 'ec$!e thi i the pl$ce +he#e the $lle,e( to#t
occ!##e("
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BTT: LITIGATION AND EVIDENCE MOCK MCT 2
Question 3
"n hich of the folloing cases oul( a !arty re2uire the court3s !er.ission to
)ring an 4((itional Clai. un(er 5art 20'
i6 When the 7efen(ant ishes to counterclai. against a !erson other than
the Clai.ant1
ii6 When the clai. is against a Co87efen(ant for a contri)ution or in(e.nity
an( it is to )e file( after the (efence is file(1
iii6 When the 4((itional Clai. 9not )eing a counterclai. or clai. for an
in(e.nity or contri)ution against a co8(efen(ant6 is issue( )efore filing the
(efence1
iv6 Whenever the su)stance of the counterclai. is unconnecte( to the original
clai.1
[A] i7 $%( ii7 o%ly
[B] i7 $%( i-7 o%ly
[C] iii7 o%ly
[D] i7) iii7 $%( i-7 o%ly
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BTT: LITIGATION AND EVIDENCE MOCK MCT 2
Question 4
Louise- age( 1:- is in*ure( hen travelling as a !assenger in a car (riven )y her
father- Siegfrie(1 Siegfrie( colli(e( ith another car (riven )y Mark- ho is age(
1;1 Mark clai.s that Siegfrie( as the sole cause of the acci(ent )ecause he as
(riving too fast1 Siegfrie( clai.s that Mark as the sole cause of the acci(ent
)ecause he as (riving on the rong si(e of the roa(1 Louise ishes to clai.
(a.ages for !ersonal in*ury1 Louise is not a !rotecte( !arty1
Which one of the folloing is "#C$%%&CT'
[A] A co!#t m$y o#(e# th$t Lo!ie c$% '#i%, p#ocee(i%, +itho!t $ liti,$tio% f#ie%("
[B] The cl$im fo#m m!t %o#m$lly 'e e#-e( o% eithe# o%e of M$#89 p$#e%t o#
,!$#(i$%) o# i% the $'e%ce of $ p$#e%t o# ,!$#(i$%) o% the pe#o% +ith +hom
M$#8 #ei(e o# i% +hoe c$#e he i"
[C] Lo!ie c$%%ot '#i%, $ cl$im $,$i%t M$#8 !%til he #e$che the $,e of /0"
[D] .ie,f#ie( +o!l( %ot 'e $% $pp#op#i$te liti,$tio% f#ie%( fo# Lo!ie"
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BTT: LITIGATION AND EVIDENCE MOCK MCT 2
Question <
"n hich of the folloing clai.s is=are su..ary *u(g.ent #$T availa)le against
a (efen(ant'
i6 4 clai. for !ossession of resi(ential !re.ises against a tenant hose
occu!ancy is !rotecte( ithin the .eaning of the %ent 4ct 1>;; or the
/ousing 4ct 1>??1
ii6 4 clai. for !ossession of resi(ential !re.ises against a .ortgagor1
iii6 4 clai. for s!ecific !erfor.ance1
iv6 4n a(.iralty clai. in rem1
[A] i-7 o%ly
[B] iii7 o%ly
[C] i7) ii7 $%( i-7 o%ly
[D] i7) ii7) iii7 $%( i-7
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BTT: LITIGATION AND EVIDENCE MOCK MCT 2
Question :
5rince Lt( issues an( serves a clai. on Cron 7esigns Lt( clai.ing (a.ages
for losses suffere( as a result of faulty (esign ork in )rochures !ro(uce( for
5rince )y Cron 7esigns1 /oever- the !articulars of clai. si.!ly clai. @20-000
losses ithout s!ecifying ho that loss is calculate(1 Cron 7esigns ish to
re2uest further infor.ation1
Which one of the folloing is "#C$%%&CT'
[A] The #e:!et ho!l( 'e co%cie $%( t#ictly co%fi%e( to m$tte# +hich $#e
#e$o%$'ly %ece$#y $%( p#opo#tio%$te to e%$'le C#o+% Dei,% to p#ep$#e
thei# c$e o# !%(e#t$%( the c$e they h$-e to meet"
[B] C#o+% Dei,% m!t fi#t e#-e $ +#itte% #e:!et fo# i%fo#m$tio% o% 5#i%ce)
$llo+i%, them %o mo#e th$% 2 ($y to #epo%("
[C] If the #e:!et i '#ief $%( the #eply i li8ely to 'e '#ief) the #e:!et m$y 'e m$(e
'y lette#; othe#+ie the #e:!et ho!l( 'e m$(e i% $ ep$#$te (oc!me%t"
[D] If 5#i%ce #ef!e to #epo%( to the #e:!et) C#o+% Dei,% c$% $pply to the co!#t
fo# $% o#(e# th$t 5#i%ce ,i-e the $((itio%$l i%fo#m$tio% #e:!ete("
Question ;
4sti has a contractual (is!ute ith ,en for @>>-0001 ,en has refuse( to !ay
any of the a.ount 4sti says is oe( to her1 4sti is orrie( that no fun(s ill )e
availa)le if she o)tains a *u(g.ent against ,en an( asks hether she can (o
anything to ensure that fun(s ill )e availa)le1 "n or(er to o)tain a freeAing
in*unction- against ,en- in res!ect of assets ithin the *uris(iction- hich one
of the folloing is C$%%&CT'
[A] Ati m!t ho+ $% $#,!$'le c$e i% ee8i%, $ f#ee<i%, i%=!%ctio%"
[B] Ati m!t ho+ $% ext#emely t#o%, p#im$ f$cie c$e th$t G+e% +ill #emo-e he#
$et f#om the =!#i(ictio% 'efo#e =!(,me%t"
[C] Ati m!t ho+ $ #e$l #i8 th$t G+e% m$y (iip$te he# $et 'efo#e =!(,me%t"
[D] Ati m!t ho+ th$t G+e% +ill (iip$te he# $et 'efo#e =!(,me%t"
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BTT: LITIGATION AND EVIDENCE MOCK MCT 2
Question ?
,eri is )eing (istur)e( )y her neigh)our- Brooklyn1 ,eri ishes to o)tain an
interi. in*unction to !revent the (istur)ance1
Which one of the folloing is C$%%&CT in res!ect of such an interi. in*unction'
[A] The e-i(e%ce i% !ppo#t m!t o%ly 'e i% the fo#m of $% $ffi($-it"
[B] The $pplic$tio% %otice m!t 'e e#-e( o% B#oo8ly% %ot le th$% 4 cle$# ($y
'efo#e the he$#i%, of the $pplic$tio% fo# the i%=!%ctio%"
[C] The co!#t m$y ,#$%t $% i%te#im i%=!%ctio% o% $% $pplic$tio% +itho!t %otice if it
$ppe$# to the co!#t the#e $#e ,oo( #e$o% fo# %ot ,i-i%, %otice"
[D] If the i%=!%ctio% i ,#$%te( 'efo#e the he$#i%,) the t#i$l =!(,e m!t %ot 'e tol(
$'o!t it"
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BTT: LITIGATION AND EVIDENCE MOCK MCT 2
Question >
7uring the 1>?03s- Leon orke( for 4s)estos 5LC- han(ling as)estos ithout
any !rotective clothing1 "n Banuary 200<- Leon consulte( his (octor )ecause he
as eC!eriencing !ain in his chest- )ut .e(ical tests (i( not reveal the cause of
his con(ition1
Leon3s con(ition orsene( an( on 20
th
Bune 200:- Leon retire( fro. ork
)ecause of ill8health1 $n 2?
th
#ove.)er 200:- Leon consulte( a s!ecialist ho
(iagnose( that Leon3s illness as very !ro)a)ly (ue to eC!osure to as)estos
(ust hilst orking for 4s)estos 5LC1
$n 10
th
7ece.)er 200;- Leon consulte( "nstructing Solicitors- ho tol( hi. that
he ha( a case in negligence against 4s)estos 5LC1 Leon then instructe( the. to
enter into negotiations ith 4s)estos 5LC to atte.!t to settle the clai.1
4ssu.e to(ay is :
th
7ece.)er 200>1 7ue to !rotracte( negotiations- "nstructing
Solicitors have not issue( a clai. for. an( 4s)estos 5LC no refuse to
negotiate a settle.ent of Leon3s clai.1
Which one of the folloing )est (escri)es the !osition of Leon3s clai. against
4s)estos 5LC'
[A] Leo%9 cl$im m!t 'e i!e( 'y /?
th
Decem'e# 2?/?) othe#+ie the cl$im +ill 'e
t$t!te '$##e("
[B] The cl$im i t$t!te '$##e( $%( the co!#t h$ %o (ic#etio% to (i$pply the
limit$tio% pe#io("
[C] The cl$im i $l#e$(y t$t!te '$##e(" &o+e-e#) I%t#!cti%, .olicito# ho!l( $pply
to (i$pply the !!$l limit$tio% pe#io( !%(e# ectio% 22 Limit$tio% Act /@0?"
[D] Leo%9 cl$im m!t 'e i!e( 'y 20
th
No-em'e# 2?/2) othe#+ie the cl$im +ill 'e
t$t!te '$##e("
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BTT: LITIGATION AND EVIDENCE MOCK MCT 2
Question 10
Which of the folloing is=are a !er.issi)le .etho( of service of a clai. for. on
a li.ite( co.!any registere( in &nglan( an( Wales'
i6 5osting first class to the !rinci!al office of the co.!any1
ii6 By (ocu.ent eCchange to the !rinci!al office of the co.!any1
iii6 5ersonal service on its chief eCecutive at a !lace of )usiness of the
co.!any ithin the *uris(iction hich has a real connection ith the clai.1
iv6 By leaving it ith the co.!anyDs solicitor after the co.!anyDs solicitor has
notifie( the clai.ant in riting that the solicitor is instructe( )y the
co.!any to acce!t service of the clai. for. on )ehalf of the co.!any at a
)usiness a((ress ithin the *uris(iction1
[A] ii7 o%ly

[B] i7 $%( ii7 o%ly
[C] i7) ii7 $%( iii7 o%ly
[D] i7) ii7) iii7 $%( i-7
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BTT: LITIGATION AND EVIDENCE MOCK MCT 2
Question 11
Where the 5art ? !roce(ure is )eing use(- hich of the folloing is=are
C$%%&CT'
i6 #o acknole(g.ent of service is re2uire(1
ii6 5articulars of clai. an( (efences are not serve(1
iii6 The clai. for. .ust state that 5art ? a!!lies1
iv6 The clai. for. .ust- if the clai. is .a(e un(er an enact.ent- state hat
that enact.ent is1
[A] i7) ii7 $%( iii7 o%ly

[B] ii7) iii7 $%( i-7 o%ly
[C] i7) iii7 $%( i-7 o%ly
[D] i7) ii7) iii7 $%( i-7
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BTT: LITIGATION AND EVIDENCE MOCK MCT 2
Question 12
Which one of the folloing C$%%&CTLE (escri)es the !roce(ure for a!!lying
for su..ary *u(g.ent'
[A] The $pplic$tio% i m$(e 'y $pplic$tio% %otice !ppo#te( 'y e-i(e%ce" The
#epo%(e%t m!t 'e ,i-e% $t le$t /3 ($y %otice of the he$#i%, ($te $%( the
i!e the co!#t +ill (eci(e" The #epo%(e%t m!t file $%( e#-e $%y +#itte%
e-i(e%ce $t le$t 4 ($y 'efo#e the he$#i%," The $pplic$%t m!t file $%( e#-e
$%y +#itte% e-i(e%ce i% #eply $t le$t 2 ($y 'efo#e the he$#i%,"
[B] The $pplic$tio% i m$(e 'y $pplic$tio% %otice !ppo#te( 'y e-i(e%ce) +hich m!t
'e file( $t le$t /3 ($y 'efo#e the i%te%(e( he$#i%, ($te" The #epo%(e%t m!t
'e ,i-e% $t le$t 4 ($y %otice of the he$#i%, ($te $%( the i!e the co!#t +ill
(eci(e" The #epo%(e%t m!t file $%( e#-e +#itte% e-i(e%ce $t le$t 2 ($y
'efo#e the he$#i%,"
[C] The $pplic$tio% i m$(e 'y $pplic$tio% %otice !ppo#te( 'y e-i(e%ce" The
#epo%(e%t m!t 'e ,i-e% $t le$t 4 ($y %otice of the he$#i%, ($te $%( the
i!e the co!#t +ill (eci(e" The #epo%(e%t m!t file $%( e#-e $%y +#itte%
e-i(e%ce $t le$t 2 ($y 'efo#e the he$#i%," The $pplic$%t m!t file $%( e#-e
$%y +#itte% e-i(e%ce i% #eply $t le$t 2 ($y 'efo#e the he$#i%,"
[D] A% $pplic$tio% %otice i %ot %ece$#y) 'ec$!e the co!#t $l+$y fixe $
!mm$#y =!(,me%t he$#i%, of it o+% i%iti$ti-e" A%y p$#ty +ho +ihe to #ely o%
+#itte% e-i(e%ce $t the he$#i%, m!t file $%( e#-e the +#itte% e-i(e%ce $t le$t 4
($y 'efo#e the he$#i%," A%y +#itte% e-i(e%ce i% #eply m!t 'e e#-e( $t le$t 2
($y 'efo#e the he$#i%,"
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BTT: LITIGATION AND EVIDENCE MOCK MCT 2
Question 13
Man*it is in*ure( in a roa( acci(ent on 13
th
#ove.)er 200> an( seeks (a.ages
fro. %oyston- the (river of a lorry that colli(e( ith Man*it1 Man*it3s solicitor
esti.ates that (a.ages in the case ill not eCcee( @1<-0001
Which one of the folloing is the C$%%&CT a(vice'
[A] The#e i %o p#eA$ctio% p#otocol #ele-$%t to the f$ct of thi c$e"
[B] The#e i $ #ele-$%t p#eA$ctio% p#otocol $%( M$%=it ho!l( comply +ith it"
[C] The#e i $ p#eA$ctio% p#otocol +hich co!l( #el$te to thee f$ct '!t M$%=it (oe
%ot %ee( to comply +ith it $ it o%ly $pplie to c$e +o#th o-e# B6?)???"
[D] The#e i $ #ele-$%t p#eA$ctio% p#otocol '!t M$%=it c$% i,%o#e it $ the co!#t h$ %o
po+e# to pe%$li<e $ p$#ty fo# f$il!#e to comply +ith $%y !ch p#otocol"
Question 14
Su)*ect to any ste!s taken )y the 7efen(ant- in hich one of the folloing ty!es
of clai. is Bu(g.ent in 7efault availa)le'
[A] A%y cl$im +hilt the Defe%($%t9 $pplic$tio% fo# !mm$#y =!(,me%t i pe%(i%,"
[B] A cl$im fo# $% i%=!%ctio%"
[C] A%y cl$im '#o!,ht !%(e# the 5$#t 0 p#oce(!#e"
[D] A cl$im fo# (eli-e#y of ,oo( !'=ect to $ Co%!me# C#e(it Act /@43 $,#eeme%t"
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BTT: LITIGATION AND EVIDENCE MOCK MCT 2
Question 1<
Which one of the folloing is #$T (isregar(e( )y the court hen (eter.ining
the value of the clai. for the !ur!ose of co..ence.ent+
[A] .!m #e:!i#e( to 'e #ep$i( to the .ec#et$#y of .t$te 'y -i#t!e of the .oci$l
.ec!#ity CDeco-e#y of Be%efit7 Act /@@4"
[B] A%y co!%te#cl$im the (efe%($%t m$y m$8e"
[C] .peci$l ($m$,e"
[D] The i%te#et o% the cl$im"
Question 1:
Bahan sues Ben for )reach of contract1 Bahan (oes not have .uch .oney at
!resent an( oul( like to recover so.e soon1 Bahan ishes to kno if he can
o)tain an interi. !ay.ent1
Which one of the folloing is "#C$%%&CT a(vice'
[A] The co!#t m$y o#(e# $% i%te#im p$yme%t if Be% $(mit li$'ility to p$y ($m$,e"
[B] The co!#t m$y o#(e# $% i%te#im p$yme%t if $tifie( th$t $t t#i$l E$h$% +o!l(
o't$i% =!(,me%t fo# $ !'t$%ti$l $mo!%t of mo%ey Cothe# th$% cot7"
[C] If the co!#t o#(e# $% i%te#im p$yme%t it +ill 'e fo# $ #e$o%$'le p#opo#tio% of the
li8ely $mo!%t $+$#(e( $t t#i$l"
[D] The tet the co!#t +ill $pply i +hethe# o# %ot E$h$% h$ $ #e$l p#opect of
!ccee(i%, o% the cl$im fo# $ !'t$%ti$l $mo!%t of mo%ey Cothe# th$% cot7"
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BTT: LITIGATION AND EVIDENCE MOCK MCT 2
Question 1;
4.i ants to ensure that certain .aterial )eing use( )y Bulian is not (estroye(
!rior to trial1 She therefore seeks to o)tain a search or(er fro. the courts1
Which of the folloing is=are "#C$%%&CT'
i6 The a!!lication .ust )e .a(e after the clai. for. has )een serve(1
ii6 The su!ervising solicitor .ust .ake an( !rovi(e to 4.i3s solicitors a
ritten re!ort on the carrying out of the or(er1
iii6 The or(er .ust )e grante( if there is a goo( argua)le case on the .erits1
iv6 The or(er .ust- unless the court or(ers otherise- )e serve( )y a
su!ervising solicitor on a eek(ay )eteen ?+30a.8:+30!.
[A] i7 $%( iii7
[B] ii7 $%( i-7
[C] i7) iii7 $%( i-7
[D] i7) ii7) iii7 $%( i-7
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BTT: LITIGATION AND EVIDENCE MOCK MCT 2
Question 1?
"t is 2+00 !1.1 on Satur(ay1 The %estaurant %evie is to )e !u)lishe( to.orro
9Sun(ay61 "t is an annual !u)lication1 Boe3s CafF has )een (escri)e( as a Grat
infeste( holeH in the %evie1 Boe3s Solicitors have instructe( you to seek an
in*unction as the %estaurant %evie have refuse( not to !u)lish the co..ent1
Which one of the folloing is C$%%&CT ith regar( to you seeking to o)tain
such an in*unction'
[A] A% i%=!%ctio% c$%%ot 'e o't$i%e( $t $ +ee8e%("
[B] A% $pplic$tio% fo# $% i%=!%ctio% c$% o%ly 'e m$(e $fte# $% $pplic$tio% %otice i
i!e("
[C] A% $pplic$tio% c$% 'e m$(e 'y telepho%e $%( Eoe9 C$fF ho!l( $ttempt to ,i-e
the Det$!#$%t De-ie+ i%fo#m$l %otice of the $pplic$tio%"
[D] A% $pplic$tio% c$% 'e m$(e to the (!ty M$te# $t the Doy$l Co!#t of E!tice 'y
telepho%e"
Question 1>
$n the sa.e facts as in 1? a)ove1 The C$%%&CT test the court ill a!!ly- if any
a!!lication is .a(e for an in*unction- is hich one of the folloing'
[A] The co!#t m!t $pply the Ame#ic$% Cy$%$mi( p#i%ciple to (ete#mi%e +hethe# $%
i%=!%ctio% ho!l( 'e ,#$%te("
[B] A% i%=!%ctio% +ill 'e ,#$%te( if Eoe9 C$fF c$% et$'lih $% o-e#+helmi%, c$e o%
the me#it"

[C] A% i%=!%ctio% +ill %ot 'e ,#$%te( if the Det$!#$%t De-ie+ i%te%( to ple$(
=!tific$tio% $%( the t$teme%t they h$-e m$(e i %ot o'-io!ly !%t#!thf!l"
[D] If the comme%t m$(e 'y the Det$!#$%t De-ie+ i p#im$ f$cie -$li( the% $%
i%=!%ctio% +ill 'e ,#$%te("

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BTT: LITIGATION AND EVIDENCE MOCK MCT 2
Question 20
Which of the folloing is=are C$%%&CT' In(er its case .anage.ent !oers the
court .ay+
i6 eCclu(e an issue fro. consi(eration
ii6 (eci(e the or(er in hich issues are to )e trie(
iii6 receive evi(ence )y tele!hone
iv6 eCten( or shorten the ti.e for co.!liance ith any rule1
[A] ii7 $%( i-7
[B] ii7 $%( iii7
[C] ii7) iii7 $%( i-7
[D] i7) ii7) iii7 $%( i-7
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BTT: LITIGATION AND EVIDENCE MOCK MCT 2
Question 21
Which of the folloing is=are C$%%&CT'
i6 4n a!!lication notice .ust state hat or(er the a!!licant is seeking an(
hy1
ii6 "n cases of eCce!tional urgency- an a!!lication .ay )e .a(e ithout
serving an a!!lication notice1
iii6 4n a!!lication notice .ust alays )e issue( )efore an a!!lication can )e
.a(e to the court1
iv6 The contents of an a!!lication notice .ay )e use( as evi(ence 9otherise
than at trial6- !rovi(e( the contents have )een verifie( )y a state.ent of
truth1
[A] i7 $%( ii7 o%ly
[B] i7 iii7 $%( i-7 o%ly
[C] i7) ii7 $%( i-7 o%ly
[D] i7) ii7) iii7 $%( i-7
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Question 22
Which one of the folloing is "#C$%%&CT'
[A] No%Ape#o%$l i%=!#y p#ocee(i%, fo# ($m$,e m$y %ot 'e comme%ce( i% the
&i,h Co!#t !%le the -$l!e of the cl$im i mo#e th$% B26)???"
[B] A cl$im i% the &i,h Co!#t fo# +hich $ =!#y t#i$l i (i#ecte( +ill 'e t#$%fe##e( to the
G!ee%9 Be%ch Di-iio%) if it i %ot $l#e$(y 'ei%, (e$lt +ith the#e"
[C] 5#ocee(i%, +hich i%cl!(e $ cl$im fo# ($m$,e i% #epect of pe#o%$l i%=!#ie
m!t %ot 'e t$#te( i% the &i,h Co!#t !%le the -$l!e of the cl$im i B6?)??? o#
mo#e"
[D] 5#ocee(i%, fo# ($m$,e +he#e the -$l!e of the cl$im i le th$% B26)??? m$y
'e t$#te( i% the &i,h Co!#t o# the Co!%ty Co!#t '!t if comme%ce( i% the &i,h
Co!#t mi,ht 'e t#$%fe##e( to the Co!%ty Co!#t l$te#"
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BTT: LITIGATION AND EVIDENCE MOCK MCT 2
Question 23
"n hich one of the folloing sets of facts oul( an a!!lication for an interi.
!ay.ent never )e grante('
[A] Hhe#e the cl$im i fo# pe#o%$l i%=!#y $,$i%t $ p#i-$te Defe%($%t $%( the co!#t i
$tifie( th$t he mi,ht 'e li$'le to p$y the Cl$im$%t $ !'t$%ti$l $mo!%t of
mo%ey follo+i%, $ t#i$l"
[B] Hhe#e the cl$im i fo# poeio% of l$%( $%( the co!#t i $tifie( th$t) if the
cl$im +e%t to t#i$l) the Defe%($%t +o!l( 'e li$'le to p$y the Cl$im$%t $ !m of
mo%ey fo# occ!pyi%, the l$%( +hilt the cl$im i pe%(i%,"
[C] Hhe#e the cl$im i fo# pe#o%$l i%=!#y $,$i%t t+o (efe%($%t $%( o%e (efe%($%t
i i%!#e() +ith the othe# (efe%($%t9 li$'ility 'ei%, met 'y $% i%!#e# !%(e# the
Moto# I%!#e# B!#e$! A,#eeme%t"
[D] Hhe#e the Defe%($%t h$ $(mitte( li$'ility to p$y ($m$,e fo# '#e$ch of co%t#$ct
to the Cl$im$%t"

Question 24
Mr Ba.es- the solicitor- as eager to i.!ress his ne clients- Sugar Co an( has
entere( *u(g.ent for the. in their clai. against Miss /oney in res!ect of the
!rice of goo(s sol( to her1 Mr Ba.es entere( *u(g.ent in (efault of (efence1
Infortunately he as a little too eager- .iscalculate( the (ate- an( entere(
*u(g.ent a (ay )efore the ti.e for filing a (efence ha( eC!ire(1 Miss /oney
seeks your a(vice1 Which one of the folloing is C$%%&CT'
[A] The =!(,me%t +ill o%ly 'e et $i(e if Mi &o%ey c$% ho+ he h$ $ #e$l
p#opect of !ccef!lly (efe%(i%, the cl$im"
[B] The co!#t m$y et $i(e the =!(,me%t o% the ,#o!%( th$t it +$ +#o%,ly e%te#e("
[C] The co!#t m!t et $i(e the =!(,me%t o% the ,#o!%( th$t it +$ +#o%,ly e%te#e("
[D] The =!(,me%t +ill o%ly 'e et $i(e if Mi &o%ey c$% ho+ he +o!l(
!ccef!lly (efe%( the cl$im"
L$+ .chool /0121/3 /2:34 A215212 5$,e /0 of 63
BTT: LITIGATION AND EVIDENCE MOCK MCT 2
Question 2<
Tracey is in*ure( hilst orking in the !oer8roo. of a factory1 /er solicitors
ish to ins!ect the .achinery in the !oer8roo. )efore issuing a clai.- )ut the
factory oners ill not give the. !er.ission to ins!ect1
Which one of the folloing is C$%%&CT'
[A] The e-i(e%ce i% !ppo#t of $% $pplic$tio% m!t ho+ th$t p#eA$ctio% i%pectio% i
%ece$#y i% o#(e# to (ipoe f$i#ly of the p#ocee(i%, $%( to $-e cot"
[B] T#$cey c$% o%ly o't$i% $% o#(e# fo# p#eA$ctio% (iclo!#e i% the &i,h Co!#t"
[C] T#$cey c$%%ot $pply to co!#t fo# pe#miio% to i%pect the m$chi%e#y !%til $fte#
the cl$im h$ 'ee% i!e("
[D] The e-i(e%ce i% !ppo#t of $% $pplic$tio% m!t ho+ th$t the m$chi%e#y i o#
m$y 'ecome the !'=ect m$tte# of p#ocee(i%, o# i #ele-$%t to the i!e th$t
+ill $#ie i% #el$tio% to !ch p#ocee(i%,"
Question 2:
Bon entere( into a contract ith Sonia for the sale of 30 crates of .achinery1 The
agree( !rice as @1-<00 a crate1 "t as a ter. of the contract that the crates
oul( )e (elivere( to Sonia3s arehouse on 1:
th
#ove.)er 20041 The crates
ere not (elivere( on that (ate or at all1 Sonia ha( inten(e( to use the .achinery
to fulfil a long stan(ing contract she ha( ith %e)ecca for the su!!ly of .achine
!arts on 2
n(
Banuary 200<1 7ue to the non8(elivery of the .achinery )y Bon-
Sonia as una)le to su!!ly the .achine !arts to %e)ecca an( so lost the !rofits
of such a sale1 Sonia ishes to clai. such losses an( a((itional eC!enses fro.
Bon1
4(vise Sonia of the C$%%&CT (ate for the eC!iry of the li.itation !erio( in
res!ect of her clai. against Bon1
[A] 2
%(
E$%!$#y 2??0
[B] />
th
No-em'e# 2??4
[C] />
th
No-em'e# 2?/?
[D] 2
%(
E$%!$#y 2?//
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BTT: LITIGATION AND EVIDENCE MOCK MCT 2
Question 2;
"n the a)sence of agree.ent )eteen the !arties- hich of the folloing is=are a
vali( .etho( of serving a clai. for. on an in(ivi(ual )eing sue( in their on
na.e'
i6 5ersonal service )y leaving it ith the (efen(ant1
ii6 Secon( class !ost1
iii6 Leaving the clai. for. at the (efen(ant3s usual or last knon !lace of
ork1
iv6 4 (elivery service hich !rovi(es for (elivery on the neCt )usiness (ay1
[A] i7 $%( i-7 o%ly
[B] i7 $%( iii7 o%ly
[C] i7) iii7 $%( i-7 o%ly
[D] i7 o%ly"
Question 2?
Which one of the folloing is #$T an 4((itional Clai. un(er C5% 5art 20'
[A] A co!%te#cl$im m$(e 'y the (efe%($%t $,$i%t the cl$im$%t $%( ome othe#
pe#o%"
[B] A cl$im 'y $ cl$im$%t $,$i%t $ (efe%($%t !%(e# $% i%(em%ity cl$!e"
[C] A cl$im 'y $ (efe%($%t $,$i%t $%y othe# pe#o% fo# $ co%t#i'!tio% o# i%(em%ity
o# ome othe# #eme(y"
[D] A cl$im 'y $ (efe%($%t $,$i%t $ CoADefe%($%t fo# $ co%t#i'!tio% o# i%(em%ity"
L$+ .chool /0121/3 /2:34 A215212 5$,e 2? of 63
BTT: LITIGATION AND EVIDENCE MOCK MCT 2
Question 2>
Quality Work Lt( recently issue( a clai. against %afee for !ay.ent for )uil(ing
ork carrie( out on %afee3s house1 They are clai.ing @12-000 on the groun(s of
)reach of contract1 %afee has serve( a (efence of set8off- for the full @12-000- on
the groun( that the ork as carrie( out (efectively an( as orthless1 /e has
so.e strong an( relia)le evi(ence that this is the case1 Quality Work Lt( ishes
to a!!ly for su..ary *u(g.ent1
Which one of the folloing oul( )e C$%%&CT a(vice'
[A] At the !mm$#y =!(,me%t he$#i%,) the co!#t i li8ely to ,i-e =!(,me%t o% the
cl$im"

[B] O%ly D$fee c$% $pply fo# !mm$#y =!(,me%t"
[C] At the !mm$#y =!(,me%t he$#i%,) the co!#t i li8ely to (imi the $pplic$tio% fo#
!mm$#y =!(,me%t"
[D] At the !mm$#y =!(,me%t he$#i%,) the co!#t +ill i,%o#e the (efe%ce of etAoff
#$ie( 'y D$fee $ the o%ly (efe%ce of etAoff co%i(e#e( $t !mm$#y =!(,me%t
he$#i%, $#e t$t!to#y etAoff"
Question 30
Bee*a has )rought a clai. against a )uil(ing contractor- %on- for negligent
construction of his house an( the clai. for. has )een serve( on %on1 The clai.
as )rought in ti.e )ut the li.itation !erio( has no eC!ire(1 Bee*a no ants
to inclu(e a clai. for negligence against the )uil(ing engineer- Boe1
Which one of the folloing is C$%%&CT in res!ect of a((ing Boe as a
(efen(ant'
[A] Eoe c$%%ot 'e $((e( !%(e# $%y ci#c!mt$%ce"
[B] Eoe c$% 'e $((e( $ of #i,ht"
[C] Eoe c$% o%ly 'e $((e( if the co!#t i $tifie( th$t the $((itio% i %ece$#y Ci"e"
o#i,i%$l cl$im $,$i%t Do% c$%%ot p#ope#ly 'e c$##ie( o% !%le Eoe i $((e( $ $
(efe%($%t7"
[D] Bee=$ m!t $pply to the co!#t) !%(e# ectio% 22 of the Limit$tio% Act /@0?) fo# $%
o#(e# (i$pplyi%, the p#o-iio% of the Limit$tio% Act"
L$+ .chool /0121/3 /2:34 A215212 5$,e 2/ of 63
BTT: LITIGATION AND EVIDENCE MOCK MCT 2
Question 31
&.!ty Casks ine .erchants Lt( 9an &nglish co.!any6 .a(e a contract ith
4ustralian Wines Lt(- a co.!any )ase( in 4ustralia- for the su!!ly of ines )y
4ustralian Wines to &.!ty Casks1 The contract as .a(e in &nglan( (uring a
visit )y 4ustralian Wines3 re!resentative1 4ustralian Wines (o not have an office
in &nglan( or Wales1 The ine as recently (elivere(- )ut &.!ty Casks have
so.e goo( evi(ence that the ine is (efective an( ish to sue 4ustralian Wines
for )reach of contract1
Which one of the folloing is C$%%&CT'
[A] Empty C$8 c$% o%ly !e i% A!t#$li$) $ th$t i +he#e the (efe%($%t i
(omicile("
[B] Empty C$8 c$% !e he#e $%( e#-e the p#ocee(i%, i% A!t#$li$ +itho!t
pe#miio% f#om the Co!#t"
[C] Empty C$8 +ill #e:!i#e pe#miio% f#om the Co!#t to e#-e p#ocee(i%, i%
A!t#$li$ $%( the co!#t ho!l( ,#$%t !ch pe#miio% o% thee f$ct if $tifie(
th$t E%,l$%( i the mot $pp#op#i$te fo#!m fo# the t#i$l"
[D] Empty C$8 +ill #e:!i#e pe#miio% to e#-e the p#ocee(i%, i% A!t#$li$ '!t +ill
'e !%$'le to o't$i% it $ thei# c$e (oe %ot come +ithi% o%e of the ,#o!%( fo#
e#-ice o!t of the =!#i(ictio%"
Question 32
Which one of the folloing nee( #$T )e inclu(e( in a clai. for. 9assu.ing it is
not a 5art ? clai.6'
[A] A co%cie t$teme%t of the %$t!#e of the cl$im"
[B] The #eme(y +hich the cl$im$%t ee8"
[C] If the cl$im i fo# mo%ey) $ t$teme%t of the -$l!e of the cl$im"
[D] The f!ll p$#tic!l$# of cl$im"
L$+ .chool /0121/3 /2:34 A215212 5$,e 22 of 63
BTT: LITIGATION AND EVIDENCE MOCK MCT 2
Question 33
Ba.es ishes to a.en( his 7efence to a(( another cause of action1 The
li.itation !erio( for the clai. against hi. has not eC!ire(1
Which of the folloing is=are C$%%&CT'
i6 Ba.es can a.en( ith the !er.ission of the court
ii6 Ba.es can a.en( ithin 14 (ays of it )eing file( ith the court
iii6 Ba.es can a.en( ith the ritten consent of all the !arties
iv6 Ba.es can a.en( )efore it has )een serve( on any other !arty
[A] i7 $%( iii7 o%ly
[B] i7) ii7) $%( i-7 o%ly
[C] i7) iii7 $%( i-7 o%ly
[D] i7) ii7) iii7 $%( i-7
Question 34
Santa ishes to serve a Clai. 0or. on his &lves1 /e ants the. to get it as near
to Christ.as (ay as !ossi)le so as to ruin their Christ.as1 /e ishes for it to )e
serve( on Christ.as &ve 9Thurs(ay 24
th
7ece.)er61 /e ill )e )usy over
Christ.as an( ill not have ti.e to (eliver it hi.self so he inten(s to !ost it1
Which one of the folloing is the C$%%&CT (ay it shoul( )e !oste( in or(er for
it to )e serve( on Christ.as &ve 9Thurs(ay 24
th
7ece.)er6'
[A] T!e($y 22
%(
Decem'e#
[B] He(%e($y 22
#(
Decem'e#
[C] Th!#($y 23
th
Decem'e#
[D] *#i($y) /0
th
Decem'e#
L$+ .chool /0121/3 /2:34 A215212 5$,e 22 of 63
BTT: LITIGATION AND EVIDENCE MOCK MCT 2
Civil &vi(ence
Question 3<
BinC Lt( )rings !rocee(ings in the /igh Court against 5erry- a for.er e.!loyee1
They clai. that he acte( frau(ulently (uring his e.!loy.ent ith the.1 BinC Lt(
have aske( 5erry to !rovi(e the. ith (ocu.ents hich he .a(e hen he as
e.!loye( ith the. an( hich they think are relevant to the case1
Which one of the folloing is C$%%&CT'
[A] 5e##y m$y #ef!e to p#o-i(e the (oc!me%t if they +o!l( expoe him to pote%ti$l
c#imi%$l p#ocee(i%,"
[B] 5e##y m$y #ef!e to p#o-i(e the (oc!me%t if they +o!l( expoe hi ($!,hte# to
pote%ti$l c#imi%$l p#ocee(i%,"
[C] 5e##y c$%%ot #ef!e to p#o-i(e the (oc!me%t $ the p#i-ile,e $,$i%t elfA
i%c#imi%$tio% o%ly $pplie to ,i-i%, o#$l e-i(e%ce %ot (oc!me%t"
[D] 5e##y c$%%ot #ef!e to p#o-i(e the (oc!me%t $ it i hi employe# +ho i
'#i%,i%, p#ocee(i%, $,$i%t him"
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BTT: LITIGATION AND EVIDENCE MOCK MCT 2
Question 3:
Si.on has )een sue( )y Bulia for )reach of contract in the County Court1 Si.on
(efen(s the clai. an( raises a counterclai. against Bulia alleging )reach of
contract1
Which one of the folloing is "#C$%%&CT in res!ect of the counterclai.'
[A] .imo% h$ the le,$l '!#(e% of p#o-i%, li$'ility i% #epect of hi co!%te#cl$im"
[B] I% #epect of the co!%te#cl$im) E!li$ h$ the le,$l '!#(e% of p#o-i%, th$t he +$
%ot i% '#e$ch of co%t#$ct"
[C] .imo% h$ the le,$l '!#(e% of p#o-i%, lo o% hi co!%te#cl$im"
[D] .imo% +ill %ee( to p#o-e hi co!%te#cl$im o% the I'$l$%ce of p#o'$'ilitie"
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BTT: LITIGATION AND EVIDENCE MOCK MCT 2
Questions 3;840 are )ase( on the folloing facts
%iaA as in*ure( hen he as knocke( (on )y a car (riven )y Sally hich as
eCcee(ing the s!ee( li.it an( ca.e too fast roun( a corner1 %iaA has sue( Sally
for negligence1 There are also !en(ing cri.inal !rocee(ings against Sally arising
out of the inci(ent1 Sally clai.s that %iaA as contri)utory negligent1
Question 3;
Which one of the folloing is C$%%&CT'
[A] If .$lly i $c:!itte( i% the c#imi%$l p#ocee(i%, .$lly c$%%ot 'e fo!%( li$'le to
Di$< i% the ci-il p#ocee(i%,"
[B] If .$lly i co%-icte( i% the c#imi%$l p#ocee(i%, Di$< c$%%ot #ely o% thi i% the ci-il
p#ocee(i%, $ e-i(e%ce of %e,li,e%ce o% he# p$#t"
[C] If .$lly i co%-icte( i% the c#imi%$l p#ocee(i%, Di$< c$% #ely o% the co%-ictio% $
e-i(e%ce of .$lly9 %e,li,e%ce '!t o%ly if he o't$i% pe#miio% f#om the co!#t"
[D] If .$lly i co%-icte( i% the c#imi%$l p#ocee(i%, Di$< c$% #ely o% the co%-ictio% $
e-i(e%ce of .$lly9 %e,li,e%ce '!t o%ly if he t$te it i% hi 5$#tic!l$# of Cl$im"
Question 3?
Sa.e facts as 2uestions 3;
Which one of the folloing is C$%%&CT'
[A] .$lly h$ the le,$l '!#(e% of p#o-i%, $ll the (ip!te( i!e i% the c$e"
[B] .$lly h$ the le,$l '!#(e% of p#o-i%, th$t he +$ %ot %e,li,e%t"
[C] .$lly h$ the le,$l '!#(e% of p#o-i%, co%t#i'!to#y %e,li,e%ce"
[D] .i%ce thi m$tte# i%-ol-e $ c#imi%$l offe%ce) the t$%($#( of p#oof i% the ci-il
cl$im +ill 'e I'eyo%( #e$o%$'le (o!'t9"
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BTT: LITIGATION AND EVIDENCE MOCK MCT 2
Question 3>
Sa.e facts as 2uestions 3; an( 3?1
Sally is allege( to have got out of the car an( tol( a nu.)er of !eo!le at the
scene that she as Jgutte(Kit3s all .y faultKif only " ha( )een concentrating13
4.ongst those ho hear( her say this ere ,eorgia- a girl of 1; ith learning
(isa)ilities- an( /arry- a 12 year8ol( )oy1 %iaA ishes to call ,eorgia an( /arry
to testify1
Which of the folloing is=are C$%%&CT'
i6 ,eorgia can give sorn evi(ence if she un(erstan(s the nature of an oath1
ii6 ,eorgia can only give unsorn evi(ence as she is of unsoun( .in(1
iii6 "f ,eorgia can give evi(ence she can )e co.!elle( to give it1
iv6 "f ,eorgia is of unsoun( .in(- she cannot give evi(ence even if she
un(erstan(s the nature of an oath1
[A] ii7 $%( iii7
[B] i-7 o%ly
[C] i7 $%( iii7 o%ly
[D] i7 o%ly
L$+ .chool /0121/3 /2:34 A215212 5$,e 24 of 63
BTT: LITIGATION AND EVIDENCE MOCK MCT 2
Question 40
Sa.e facts as 2uestions 3;- 3? an( 3>1
Which one of the folloing is C$%%&CT'
[A] &$##y c$% o%ly ,i-e !%+o#% e-i(e%ce $ he i !%(e# /3"
[B] If &$##y =!t !%(e#t$%( the olem%ity of the occ$io% he c$% ,i-e +o#%
e-i(e%ce"
[C] &$##y c$% ,i-e !%+o#% e-i(e%ce if he (oe %ot !%(e#t$%( the %$t!#e of $% o$th
'!t !%(e#t$%( th$t it hi (!ty to pe$8 the t#!th $%( h$ !fficie%t
!%(e#t$%(i%, to =!tify hi e-i(e%ce 'ei%, he$#("
[D] &$##y c$% o%ly ,i-e e-i(e%ce if he !%(e#t$%( the %$t!#e of $% o$th"
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BTT: LITIGATION AND EVIDENCE MOCK MCT 2
Criminal Evidence
Questions 41-43 are based on the same facts.
Brenda Watts is suspected by the police of murdering her lover om
!ha". !ha"#s body has not been found. Watts is arrested and ta$en to the
police station for %uestioning.
Question 41
&t the police station Watts is allo"ed to see a solicitor but' in breach of
(olice and Criminal Evidence &ct 1)*4' Code C' she is only given + hours
rest in +4 hours' and a full record is not made of the intervie". !he ma$es
a confession during the intervie". !he "ishes to challenge the
admissibility of the confession' relying on s.,- (&CE 1)*4.
Which ./E of the follo"ing statements is C.00EC1
[A] The confessions will be automatically excluded because of the breaches
of PACE.
[B] The confessions will not be excluded unless the breaches of PACE
amount to oppression.
[C] The confessions must be excluded if the prosecution does not establish
beyond reasonable doubt that the confessions were not obtained by
oppression or in consequences of anythin said or done which was li!ely"
in the circumstances existin at the time" to render the confessions
unreliable.
[#] The confessions cannot be excluded because a solicitor was present.
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BTT: LITIGATION AND EVIDENCE MOCK MCT 2
Question 4+
Whilst Watts "as being held at the police station' the police placed her in
a cell "ith an undercover police officer "ho "as instructed to form a close
friendship "ith her. he undercover officer suggested to Watts that if she
told her "here the body "as' she could arrange for it to disappear.
2ollo"ing persistent %uestioning by the officer' Watts confided in her
"here she had hidden !ha"#s body. 3n$no"n to her' the conversation
"as taped by a hidden recording device in Watts#s cell. he police found
!ha"#s body "here Watts said it "ould be.
he defence "ish to e4clude the taped conversation. Which ./E of the
follo"ing statements is C.00EC1
[A] The con$ersation will be automatically excluded because the admission
was obtained in breach of articles % and & of the European Con$ention on
'uman (ihts.
[B] The con$ersation will be excluded because e$idence obtained by an
underco$er police officer is inadmissible.
[C] The con$ersation will be excluded because e$idence obtained by a hidden
tape recordin is inadmissible.
[#] The court has discretion to exclude the taped con$ersation.
Question 43
3ltimately' the 5udge rules that evidence of the confession is inadmissible.
he prosecution no" "ish to call evidence that the police found !ha"#s
body buried underneath Watts#s patio' "here she said it "ould be in her
e4cluded confession.
Which ./E of the follo"ing statements is C.00EC1
[A] The findin of the body ma!es e$idence of the confession admissible.
[B] The prosecution can adduce e$idence of the findin of the body and the
fact that it was found under )atts*s patio.
[C] The prosecution can adduce e$idence of the findin of the body and the
fact that it was found where )atts said it would be in her excluded
confession.
[#] E$idence of findin of the body is inadmissible because the confession
e$idence was excluded.
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Question 44
Bert Campbell is on trial for robbery at 6ladbury Cro"n Court. &t trial
defence counsel represents that Campbell#s confession is inadmissible
under s.,-7+87a8 (&CE 1)*4 on the basis that he "as denied access to a
solicitor "hen he re%uested to see one. he police deny that Campbell
made any such re%uest.
Which ./E of the follo"ing statements represents the C.00EC
procedure for deciding on the admissibility of the confession1
[A] By leal arument in the presence of the +ury.
[B] By examination of witnesses and leal arument in the presence of the
+ury.
[C] By leal arument in the absence of the +ury.
[#] By examination of witnesses and leal arument in the absence of the
+ury.
Question 49
Brian Co4 is on trial in the 6ladbury :agistrates# Court accused of
"ounding "ith intent' contrary to s.1* .ffences &gainst the (erson &ct
1*-1. ;is defence is duress.
Consider the follo"ing statements<
i, The prosecution has the leal burden of pro$in the elements of the
offence" and the standard of proof is beyond reasonable doubt.
ii8 The defence has the leal burden of pro$in beyond reasonable doubt
that Cox acted under duress. -.C/((ECT.
iii8 The defence has the leal burden of pro$in duress" and must pro$e this
on the balance of probabilities.
iv8 The #efence has the e$idential burden to raise e$idence of duress" and it
is then for the prosecution to dispro$e this beyond reasonable doubt.
Which of the above statements is=are C.00EC1
[A] i, and i$,.
[B] i, and iii,.
[C] ii, only.
[#] iii, only.
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Question 4-
&lan 6rundy is charged "ith the murder of his "ife. ;is defence to the
charge is one of insanity. Consider the follo"ing statements regarding the
burden and standard of proof<
i8 The prosecution bears the leal burden of pro$in that 0rundy murdered
his wife.
ii8 0rundy must pro$e insanity beyond reasonable doubt.
iii8 0rundy bears the leal burden of pro$in insanity.
iv8 0rundy bears the e$idential burden in relation to the issue of
insanity.
Which of those statements are C.00EC1
[A] i, and iii, only.
[B] i, and ii, only.
[C] i," iii, and i$, only.
[#] ii, and i$, only.
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Questions 4, and 4* are based on the same facts.
!yed >han and Wayne 0ich are on trial accused of conspiracy to supply
drugs. Both men deny all involvement "ith drugs.
Question 4,
he police had mounted a surveillance operation at an observation post in
a nearby house' and had considerable film footage of people arriving at
the premises and e4changing money for small pac$ages. he defence
"ish to obtain information concerning the e4act location of the police
surveillance operation' "hich the police are refusing to supply. he
prosecution are no" ma$ing an ex parte application to the 5udge for a
ruling that this information should not be disclosed to the defence.
Which ./E of the follo"ing statements is ?/C.00EC1
[A] The police must present e$idence to the +ude of the attitude of the
occupier of the house to disclosure of the location of the flat.
[B] The difficulty of obtainin assistance from the public when searchin for a
suitable obser$ation post is a matter the +ude can ta!e into account.
[C] -f the occupier of the flat ob+ects to disclosure" the court cannot order
disclosure of information reardin the location of the flat.
[#] -f the defence submits that disclosure of the identification of the premises
is necessary to the defence case the +ude may ne$ertheless exercise his
discretion to refuse disclosure.
Question 4*
(art of the prosecution case is based on evidence supplied by informants.
he prosecution "ish to $eep their identity secret. he defence "ant
disclosure of the identity of the informants.
Which ./E of the follo"ing statements is C.00EC1
[A] The +ude will order disclosure in all cases where the defence as! for
disclosure.
[B] The +ude will order disclosure where the +ude is of the opinion that
disclosure is necessary to establish the innocence of the accused.
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[C] The +ude will order disclosure in any case where there is no daner of
harm to the informants.
[#] The +ude will ne$er order disclosure of the identity of informants.
Question 4)
Consider the follo"ing statements regarding privilege<
7i8 A person entitled to claim pri$ilee may refuse to answer the question put
or disclose the document souht.
7ii8 A party see!in to pro$e a matter" in relation to which his opponent claims
pri$ilee" is not entitled to pro$e the matter by other e$idence" if a$ailable.
7iii8 An ad$erse inference may be drawn aainst a party or witness claimin
pri$ilee.
7iv8 -f a person entitled to claim pri$ilee fails to do so or wai$es his pri$ilee"
no other person may ob+ect.
Which of those statements are ?/C.00EC1
[A] i, and iii,.
[B] ii, and i$,.
[C] ii, and iii,.
[#] iii, and i$,.
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Questions 9@ to 9+ are based on the same facts
?an aylor and (hilip :ar$s are the alleged victims of an attempted
robbery. he Cro"n#s case is that a man approached them in the street
and threatened them "ith a $nife. ;e ordered them to give him their
"allets' but he ran a"ay "hen they refused to do so and shouted for help.
Both men claim that they could identify their attac$er if they sa" him
again.
Question 9@
he police propose to conduct a street identification in order to identify
the robber.
Which one of the follo"ing statements' concerning the procedures the
police should follo"' is ?/C.00EC1
[A] Before as!in Taylor and 1ar!s to ma!e an identification" where
practicable" a record should be made of any description they can i$e of
the attac!er.
[B] Taylor and 1ar!s can be ta!en to the area where the street identification
is to ta!e place separately and should ma!e independent identifications.
[C] -f the street identification is successful no further identification procedure
need ta!e place for any witness.
[#] Care should be ta!en not to direct Taylor and 1ar!*s attention to any
indi$idual unless" ha$in reard to all the circumstances" this cannot be
a$oided.
Question 91
>enton Williams is identified by aylor as a result of the street
identification procedure' and is subse%uently arrested and charged "ith
attempted robbery. he prosecution case rests substantially on
identification evidence. Williams denies the offence' claiming he "as
drin$ing "ith friends in a pub at the time of the attac$. ;e has no previous
convictions. ;e gives evidence at his trial.
Which one of the follo"ing "ill be an ?/C.00EC approach for the court
to ta$e in relation to the identification evidence1
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[A] -f the e$idence is deemed to be of ood quality" it may be left to the +ury
without any warnin bein i$en to them.
[B] -f the e$idence is deemed to be of poor quality" the +ude must withdraw
the e$idence from the +ury unless there is other e$idence which oes to
support the correctness of the identification.
[C] -f the e$idence is left to the +ury" the +ude should warn the +ury of the
special need for caution before con$ictin in reliance on the correctness of
the identification of the accused.
[#] -f the e$idence is left to the +ury" the +ude should remind the +ury of any
specific wea!nesses in the identification e$idence.
Question 9+
&t the trial' Williams#s alibi is sho"n to be false. Which of the follo"ing
"ill /. be part of the 5udge#s direction to the 5ury about "hether they
can use the false alibi as part of the evidence proving guilt1
[A] The +ury must be satisfied that there was no innocent moti$e for the false
alibi.
[B] The 2ury must be satisfied that the false alibi must ha$e been shown to be
a deliberate lie.
[C] The 2ury must be satisfied that the false alibi relates to a material issue.
[#] The false alibi may only be used by the 2ury to assess the credibility of
3enton*s e$idence.
Question 93
Colin .#Brien is being tried for the murder of !hula Co4. Aonna !ha"'
"ho is .#Brien#s e4-"ife' is called to give evidence for the defence. ?n
cross-e4amination it is put to her that she colluded "ith .#Brien in
inventing a false alibi for him.
Which ./E of the follo"ing statements is C.00EC1
[A] 4he must answer the question.
[B] 4he may refuse to answer the question.
[C] Counsel should not ha$e as!ed the question.
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[#] The question can only be as!ed if the +ude i$es lea$e to allow it.
Question 94
?n relation to a defendant#s failure to testify at trial' "hich ./E of the
follo"ing statements is ?/C.00EC1
[A] -f a defendant fails to testify in his own defence" both the prosecution and
the +ude can potentially comment on his silence at trial.
[B] The #efendant*s silence at trial can be determinati$e in decidin whether
the prosecution ha$e established a prima facie case for him to answer.
[C] The +ury is entitled to infer that if the prosecution established a prima facie
case for a defendant to answer and he failed to testify without ood
reason" then he has no explanation and he is uilty.
[#] -f counsel indicates that a defendant does not intend to i$e e$idence the
court must ensure that counsel has informed the defendant that ad$erse
inferences may be drawn from the defendant*s failure to answer any
questions.
Question 99
0oy Bates is charged "ith murdering ;ayley Wilson. &t his trial Bates
claims that he $illed Wilson in self-defence. he issue of self-defence "as
never mentioned by Bates "hen he "as %uestioned by the police. ;e "as
intervie"ed three times but said Bno comment# in response to all the
%uestions put to him.
Consider the followin statements5
i, Bates*s failure to mention his defence earlier cannot on its own establish
uilt.
ii, The +ury may draw ad$erse inferences if Bates*s failure to mention his
defence durin inter$iew was not reasonable.
iii, )hether Bates*s failure to mention his defence durin inter$iew was
reasonable or not is an entirely ob+ecti$e test.
i$, )hether Bates*s failure to mention his defence was reasonable or not has
to be +uded in the liht of (oy*s character" intellience and physical state
at the time of questionin.
Which of the above statements are C.00EC1
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[A] i, and iii,.
[B] ii, and i$,.
[C] i, and ii, and iii,.
[#] i, and ii, and i$,.
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Criminal Citigation D !entencing
Question 9-
Which ./E of the follo"ing statements C.00ECCE describes the
speeches counsel for the parties may deliver in the course of a summary
trial "ithout see$ing leave of the court1
[A] Prosecution may ha$e an openin speech and a closin speech. #efence
may ha$e an openin speech and a closin speech. Prosecution may
reply to defence closin on points of law.
[B] Prosecution may ha$e an openin speech and a closin speech. #efence
may ha$e an openin speech.
[C] Prosecution may ha$e a closin speech. #efence may ha$e an openin
speech and a closin speech.
[#] Prosecution may ha$e an openin speech. #efence may ha$e a closin
speech.
Question 9,
Fay (atel is before the 6ladbury magistrates# court charged "ith one
offence of common assault 7summary only8.
Which ./E of the follo"ing statements is C.00EC1
[A] Patel will be as!ed to indicate a plea and if he indicates a not uilty plea
then the mode of trial procedure will be carried out.
[B] Patel will be as!ed to enter a plea and if he enters a not uilty plea then
the case will be ad+ourned for summary trial.
[C] -f Patel pleads uilty in the maistrates* court he can be committed to the
Crown Court for sentence.
[#] -f Patel pleads not uilty he can be committed to the Crown Court for trial.
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Question 9*
;elen 6reen"ell' aged 1)' appears before the 6ladbury magistrates# court
charged "ith three offences of actual bodily harm. !he has indicated a
plea of guilty to all charges and as$ed the magistrates to ad5ourn for a
pre-sentence report before sentence. 6reen"ell has numerous
convictions for violence.
Which ./E of the follo"ing propositions is ?/C.00EC1
[A] The maistrates can sentence her today by imposin a fine of 67"888 per
offence" without a pre9sentence report.
[B] The maistrates cannot sentence her today" without a pre9sentence
report" to a community order with a condition that she underta!es unpaid
wor!" e$en if they thin! that it is unnecessary to obtain a report.
[C] The maistrates can sentence her today by i$in her a sentence of 7:
months detention in a youn offender institute.
[#] The maistrates can commit her to the Crown Court for sentence.
Question 9)
Fac$ Wain"right' 4+ years-old' is currently before the 6ladbury
magistrates# court for an offence of driving "ithout due care and
attention' "hich is a non-imprisonable offence. ;e has pleaded not guilty'
and is no" a"aiting trial. &ssuming that the relevant evidence is before
the court in each situation' "hich ./E of the follo"ing ?! a ground
5ustifying refusal of bail1
[A] )ainwriht has a pre$ious con$iction for failin to surrender in this case"
and the maistrates fear that he will not surrender to bail if released now.
[B] The maistrates feel that a remand in custody is necessary for
)ainwriht*s own protection.
[C] The maistrates fear that )ainwriht will commit further offences whilst on
bail.
[#] )ainwriht failed to attend court on the last occasion the case was listed
and was arrested on a warrant. The maistrates fear he will fail to
surrender to bail if released now.
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Question -@
6eorge :atthe"s is charged "ith an offence of criminal damage. he
allegation is that he pushed his girlfriends car over a cliff. he car "as
"ritten-off as a result. he replacement value of the car is G3'@@@' ;e no"
appears before 6ladbury magistrates# court. ;e "ants to plead not guilty
and be tried in the magistrates# court. Which ./E of the follo"ing
statements is C.00EC1
[A] The case must be tried at the Crown Court.
[B] The case must be tried at the maistrates* court. -f found uilty" the court
could sentence him to : months imprisonment.
[C] The case may be tried by the maistrates" who can commit 1atthews to
the Crown Court for sentence if he is found uilty.
[#] The case may be tried at the maistrates* court. The maximum penalty is
% months imprisonment and;or 6<"888. The maistrates will not be able to
commit 0eore to the Crown Court for sentence if found uilty.
Question -1
Foe :ontes is charged "ith theft 7triable either-"ay8 of a bag of crisps'
valued at 99p. ;e appears before 6ladbury magistrates# court to for mode
of trial to be determined. ;e "ishes to plead not guilty and elect trial on
indictment. Which ./E of the follo"ing propositions is C.00EC1
[A] At the mode of trial hearin" 1ontes can only elect to ha$e his trial heard
before a +ury if the prosecution and the maistrates decide to decline
+urisdiction.
[B] At the mode of trial hearin" 1ontes will only be as!ed if he wants to ha$e
his trial heard before a +ury if the maistrates decline +urisdiction.
[C] At the mode of trial hearin" 1ontes can elect to ha$e his trial heard
before a +ury e$en if the maistrates decide to accept +urisdiction.
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[#] At the mode of trial hearin" first 1ontes will be as!ed where he wants his
trial heard. -f he wants to stay in the maistrates* court the maistrates will
then decide where the case should be heard.
Question -+
&ll of the people listed belo" "ish to be released on bail. ?n "hich ./E
case is there a rebuttable presumption in favour of bail under s. 4 of the
Bail &ct 1),-1
[A] )" who has +ust been con$icted of an offence of handlin stolen oods
before the 0ladbury maistrates* court. 'er case is bein ad+ourned for
the preparation of a pre9sentence report.
[B] =" who has +ust been con$icted and sentenced for AB' before the
0ladbury maistrates* court. The court imposed a sentence of > months
imprisonment. = wants to appeal aainst both con$iction and sentence.
[C] ?" who was con$icted of affray before the 0ladbury maistrates* court.
The maistrates ha$e decided to commit her to the Crown Court for
sentence.
[#] @" who has +ust been arrested for theft and ta!en to 0ladbury Police
4tation.
Question -3
Will 0ogers' aged +1' has been convicted at 6ladbury magistrates# court
of assault occasioning actual bodily harm 7triable either-"ay8' theft 7triable
either-"ay8 and common assault 7summary only8. ;e see$s your advice
on sentence. Which ./E of the follo"ing is ?/C.00EC advice1
[A] The maistrates can impose three consecuti$e sentences of % months
imprisonment.
[B] Three concurrent sentences of A months imprisonment.
[C] Three consecuti$e sentences of > months imprisonment.
[#] Three concurrent sentences of % months imprisonment.
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Question -4
Eou represent homas 0ichards' "ho appears before 6ladbury
magistrates# court charged "ith &ffray 7an either "ay offence8. ;e pleaded
guilty at an earlier hearing' and his case "as ad5ourned for the
preparation of pre-sentence reports. ;e is about to go into court to be
sentenced' "hen he tells you that he "ants to change is plea to /ot
6uilty.
Which ./E of the follo"ing is statements' regarding change of plea' is
C.00EC1
[A] -t is ne$er permissible for a defendant to chane his plea from 0uilty to .ot
0uilty.
[B] (ichards cannot chane his plea in this instance as the offence is triable
either way.
[C] (ichards can chane his plea with the lea$e of the court.
[#] (ichards must be allowed to chane his plea if he has not been
sentenced.
Question -9
Which ./E of the follo"ing sentences is C&W23C1
[A] & months imprisonment" suspended for A years imposed by the
maistrates* court.
[B] A%9months imprisonment" suspended for : years in the Crown Court.
[C] % months imprisonment suspended for : years in the maistrates* court.
[#] A B day term of imprisonment suspended for % months in the 1aistrates*
Court.
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Question --
Which ./E of the follo"ing statements' concerning bail applications' is
C.00EC1
[A] A defendant is entitled to ma!e a bail application on e$ery occasion he
appears before the maistrates* court.
[B] After the defendant has made his first bail application" the maistrates may
refuse to hear any further applications unless they are satisfied there has
been a rele$ant chane of circumstances.
[C] A defendant may appeal to the Crown Court aainst a maistrate*s refusal
to rant bail.
[#] A defendant who has failed to surrender to bail in a pre$ious case must be
refused bail unless exceptional circumstances exist.
Question -,
Ed"ard Ward' "ho is aged +@' has been convicted of rape 7an offence
"hich carries a ma4imum sentence of life detention8. ?n Ward#s case
"hich of the follo"ing propositions regarding the dangerous offender
provisions 7contained in s++4 H s+3- of the CF& +@@38' is=are C.00EC1
i8 he provisions only apply to offenders aged +1 and over.
ii8 ?n order for Ward to be classified as a dangerous offender' the 5udge
must be of the opinion that there is a significant ris$ to members of
the public of serious harm occasioned by the commission by him of
further specified offences.
iii8 Ward must be detained for a minimum of five years.
iv8 ?f Ward is deemed to be a dangerous offender and the 5udge
considers the offence serious enough he must be sentenced to a
term of life detention.
[A] i, only.
[B] i, and iii,.
[C] ii," iii, and i$,.
[#] ii, and i$,.
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Question -*
/eil Charlton "as convicted and sentenced for an theft on 1
st
/ovember
+@13' he "as conditionally discharge for 1+ months. .n the -
th
:arch +@14
he pleaded guilty to a charge of handling stolen goods. he offence of
handling stolen goods "as committed on the ++
nd
2ebruary +@14.
Which one of the follo"ing is C.00EC1
[A] The conditional dischare has not been breached and no action can be
ta!en in respect of it.
[B] The conditional dischare has been breached and Charlton may be re9
sentenced for the offence of theft.
[C] The conditional dischare has been breached and Charlton must be i$en
a custodial sentence for the offence of theft.

[#] The conditional dischare may only be acti$ated if Charlton is sentenced
to a custodial term for the offence of handlin stolen oods.
Question -)
Chris Fones' "ho is aged +9' is convicted at 6ladbury Cro"n Court of an
offence of affray. he court sentences him to a community order "ith an
unpaid "or$ re%uirement.
Which of the follo"ing options are available1
i8 he Cro"n Court can impose an *@ hour unpaid "or$ re%uirement
order.
ii8 he Cro"n Court can impose a 4@@ hour unpaid "or$ re%uirement
order.
iii8 he Cro"n Court can impose an unpaid "or$ re%uirement order of 4@
hours and a second re%uirement for a drug rehabilitation order.
iv8 he Cro"n Court can impose a 1+@ hour unpaid "or$ re%uirement
order "ith a curfe" order.
[A] ii, and iii,.
[B] i," iii, and i$,.
[C] ii, and i$,.
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[#] i, and i$,.
Question ,@
!an5iv (atel is being tried in the Cro"n Court for an offence of fraud.
Which of the follo"ing statements' regarding submissions of no case to
ans"er' is C.00EC1
[A] This must be made at any stae before the prosecution ha$e opened the
case.
[B] This must be made at the close of the prosecution case and before the
defence start their case.
[C] This may be made at any stae after the close of the prosecution case.
[#] This may be made at any stae before the close of the prosecution case.
Question ,1
Which ./E of the follo"ing is /. a permissible verdict in a Cro"n Court
trial1
[A] 7797.
[B] C98..
[C] C9A..
[#] 7897.
Question ,+
?n relation to disclosure' "hich of the follo"ing statements are
?/C.00EC1
i8 ?n the Cro"n Court the defence should serve a defence statement
"ithin +* days of initial prosecution disclosure or ris$ adverse
inferences being dra"n by the court.
ii8 here is no time-limit for disclosure of unused material.
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iii8 he prosecutions# obligations to consider disclosure ends after
service of unused material.
iv8 ?n the magistrates# court the defence must serve a defence
statement' "ithin 14 days of initial prosecution disclosure or ris$
adverse inferences being dra"n by the court.
[A] i," and iii,.
[B] ii, and i$,.
[C] iii, and i$,.
[#] i, and ii,.
Question ,3
(aige Campbell has been arrested by 6ladbury police in relation to an
allegation of theft 7triable either-"ay8 of a G9@@'@@@ nec$lace and bracelet
set from appin and /edd Fe"ellers based in 6ladbury. !he is being held
for %uestioning at 6ladbury police station. !he has no" been held for +4
hours and the police "ish to continue %uestioning her.
Which one of the follo"ing statements is C.00EC1
[A] Peie must now be released or chared with an offence.
[B] A warrant of further detention must now be obtained from the local
maistrates court. The court may authorise detention for a further 7:
hours.
[C] Pro$ided the in$estiation is bein conducted diliently and expeditiously"
the custody officer may authorise Campbell*s continued detention for up to
a further 7: hours. The custody officer has to ha$e reasonable rounds for
belie$in that continued detention is necessary to secure or preser$e
e$idence" or obtain such e$idence by questionin.
[#] A superintendent may authorise continued detention for a further 7: hours"
if the in$estiation is bein conducted diliently and expeditiously and
there are reasonable rounds for belie$in that continued detention is
necessary to secure or preser$e e$idence" or obtain such e$idence by
questionin.
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Question ,4
>athy .#>ane is arrested on suspicion of committing theft of a bottle of
brandy from her local cash and carry. !he is conveyed to 6ladbury police
station arriving at +.@@ am on :onday morning. ;er detention is
authorised at +.19am.
&t "hat time should the first revie" of continued detention ta$e place1
[A] Any time before 77.7<am 1onday.
[B] Any time before :.7<am Tuesday.
[C] Any time before &.7<am 1onday.
[#] Any time before %.7<am Tuesday.
Question ,9
0uth ;ughes has been charged "ith burglary' 7triable either-"ay8. &t her
first appearance before the court the matter "as ad5ourned for , days so
the prosecution could prepare and serve materials to serve on the
defence. ;ughes "as remanded into custody after a fully argued bail
application. oday she has appeared before the court and indicated a not
guilty plea. he magistrates have declined 5urisdiction and remanded her
in custody. Which one of the follo"ing propositions is C.00EC1
[A] The maistrates can remand 'uhes in custody for up to :7 days without
her consent.
[B] The maistrates can remand 'uhes in custody for up to :& days without
her consent.
[C] The maistrates can remand 'uhes in custody for up to :7 days but only
with her consent.
[#] The maistrates can remand 'uhes in custody for up to :& days but only
with her consent.

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5L&4S&
%&CECL&
BTT: LITIGATION AND EVIDENCE MOCK MCT 2
Question ,-
Fimmy Cam has been convicted at 6ladbury Cro"n Court after trial on one
charge of inflicting 6B;. he prosecution case is that a "ooden club "as
used to inflict the in5uries. &t trial' and in mitigation' Cam insisted that he
did not use a "eapon in the attac$.
Which of the follo"ing is=are C.00EC1
i8 The +ude must hold a .ewton 'earin to determine this issue. The
prosecution must pro$e beyond a reasonable doubt that a club was used.
ii8 The +ude must hold a .ewton 'earin to determine this issue. The
prosecution must pro$e on a balance of probabilities that a club was used.
iii8 The +ude need not hold a .ewton 'earin to determine this issue if he
accepts that no club was used.
iv8 The +ude should not hold a .ewton 'earin to determine this issue. 'e
should proceed to sentencin.
[A] i,
[B] i$,
[C] i, and iii,
[#] ii, and iii,
Question ,,
?n "hich one of the follo"ing situations is leave to appeal /. re%uired
"hen referring a case to the Court of &ppeal1
[A] A is tried at 0ladbury Crown Court and con$icted of two counts of theft. 'e
wishes to appeal on the round that the +ude failed to direct the +ury on
the burden of proof.
[B] B pleaded 0uilty at 0ladbury Crown Court to one count of arson with
intent and is sentenced to 78 wee!s imprisonment. The Attorney90eneral
wishes to appeal on the round that the sentence is unduly lenient.
[C] C is tried at 0ladbury Crown Court and found not uilty of four counts of
rape. The Attorney90eneral wishes to appeal on a point of law" relatin to
an alleed misdirection by the +ude durin her summin9up.
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BTT: LITIGATION AND EVIDENCE MOCK MCT 2
[#] # is tried at 0ladbury Crown Court on one count of riot. 4he was con$icted
and sentenced to > years imprisonment. 4he wishes to appeal aainst the
sentence.
Question ,*
Aere$ /guyen is being tried for an offence of burglary. he indictment
alleges that he burgled a factory on 4
th
:arch +@14. Auring the course of
the trial it becomes apparent that the burglary too$ place on 9
th
:arch
+@14. he prosecution "ish to amend the indictment.
What is the C&E! stage at "hich the amendment can be made1
[A] At the close of the prosecution case" and before the defence call any
e$idence. Dea$e of the court will be needed and the +ude will not allow an
amendment if it causes in+ustice to the accused.
[B] At the close of the defence case" before any closin speeches ha$e been
made. Dea$e of the court will be needed and the +ude will only allow an
amendment if it causes in+ustice to the accused.
[C] At the end of the +ude*s summin up of the case" but before the +ury ha$e
retired. Dea$e of the court will be needed and the +ude will only allow an
amendment if it causes in+ustice to the accused.
[#] At any time prior to the +ury returnin their $erdict. Dea$e of the court will
be needed and the +ude will only allow an amendment if it causes no
in+ustice to the accused.
Question ,)
Christoper &de"ole and Ben >ing have been charged "ith inflicting
grievous bodily harm. hey appear before the 6ladbury Cro"n Court.
&de"ole is represented by C' and >ing by A. he prosecution are
represented by (. he prosecution call t"o "itnesses & I B. &de"ole
appears first on the indictment.
Which one of the follo"ing correctly describes ho" the prosecution
"itnesses "ould each be e4amined at trial1
[A] Examination9in9chief by P" cross9examination by #" cross9examination by
C and re9 examination by the +ude.
[B] Examination9in9chief by #" cross9examination by P" cross9examination by
C and re9 examination by #.
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BTT: LITIGATION AND EVIDENCE MOCK MCT 2
[C] Examination9in9chief by P" cross9examination by C" cross9examination by
# and re 9examination by P.
[#] Examination9in9chief by P" cross9examination by # and re9examination by
C.
Question *@
Which ./E of the follo"ing statements' regarding submissions of no
case to ans"er in the Cro"n Court' is ?/C.00EC1
[A] -f there is no e$idence to pro$e an essential element of the offence" the
submission must succeed.
[B] The prosecution of a mentally9handicapped defendant" where the e$idence
is based wholly on confession e$idence" should be stopped where the
confession appears uncon$incin to a point where the +ury properly directed
could not con$ict on it.
[C] #efendants cannot be con$icted solely on circumstantial e$idence.
[#] Cases based solely on wea! identification e$idence should be stopped.
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