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英国律师执业考试SQE难度起底,全网首发最全SQE考察内容解密!

已更新:2022年12月12日

最全SQE考察内容解密




01 SQE1主要内容


SQE1称为法律知识考试,旨在考察识别法律原则并将其应用于客户和交易的能力。考生需在10小时共完成2*180道选择题,涉及的考试科目和例题如下:


SQE考核一:


(1) 商业法律与实务 Business Law and Practice


该科目涉及(1)企业组织形式、规则和程序等,例如公司的法人资格和有限责任、设立公司及合伙企业等的程序和文件、如何为公司融资、公司治理和合规义务(例如股东和董事的权利、公司决策程序、披露要求)、公司及个人破产;(2)企业税务,包括所得税、资本收益税、公司所得税、增值税、遗产税等原则和相关法律规定。


例题:A woman wishes to set up a risky iron ore importing business and secures a business loan from BankCo to fund the initial start-up. She wishes to ensure that she will not be personally liable for any debts if the business fails. She approaches you for advice regarding the most suitable business structure.

Which form of business would you advise the woman to set up?


A. A limited company

B. A Limited Liability Partnership (LLP)

C. A partnership

D. A co-operative

E. The woman would be best advised to establish herself as a sole trader


The best answer is A. The woman should set up a limited company. The woman's main concern is to limit her liability in the event that the business should fail. A limited company has a separate legal personality and is liable for its own debts, meaning that the woman's liability would be limited to the unpaid amount of any shares that had been issued to her. The woman would not be able to set up a partnership, LLP or co-operative because: (1) these structures require more than one person to form them; and (2) neither a partnership nor a co-operative would limit the woman's liability.


(2) 争议解决 Dispute Resolution


争议解决的方式一般包括仲裁、调解和诉讼,考生将被考察争议解决的程序(例如如何起诉和应诉、证据的要求、庭审程序、执行程序)。


例题: A man engaged an estate agent to sell his property. The terms of their agreement were contained in a written document. The agreement provided for payment of commission to the estate agent on completion of a sale, provided that the estate agent introduced the purchaser. The sale of the property completed and a dispute arose as to whether the estate agent had introduced the purchaser. The estate agent brought proceedings against the man for payment of the commission alleged due under the written agreement. The proceedings were successful at trial, resulting in an award of damages to the estate agent of 12,000. What, if any, order for costs might be expected in the circumstances of this case?


A. No order for costs because the claim arose from a consumer contract within the meaning of the Consumer Rights Act 2015.

B. An order in favour of the estate agent confined to reimbursement of court fees paid because the claim is a small claim.

C. No order for costs because qualified one way costs shifting applies to the claim.

D. An order in favour of the estate agent for fixed costs only.

E. An order in favour of the estate agent for costs on the standard basis, summarily assessed at the conclusion of trial.


Answer: E. An order in favour of the estate agent for costs on the standard basis, summarily assessed at the conclusion of trial.


(03) 合同 Contract


合同法的内容包括合同的订立(邀约和承诺、对价等)、合同主体(合同的相对性、第三人的权利)、合同条款、合同无效的原因、合同的终止(合同到期、违约、合同受阻等)、合同救济几个方面。

例题: last month Richard gave his penniless nephew his old car. The following week his nephew won 250,000 pounds in the lottery and promises to pay Richard 5,000 out of his winning as payment for the car. Since then Richard has seen neither his car nor hair of his nephew.

Can Richard enforce his nephew’s promise?


A. Richard can enforce this promise because there is consideration on both sides of the agreement

B. Richard cannot enforce this promise, because the conduct of the parties shows that there any substantial agreement

C. Richard can enforce this promise, even though what is provided by way of consideration is both a benefit to him, and a detriment to his nephew

D. Richard can enforce this promise, because whether he agreed to give the car, or sell it for 1 pound, the courts will treat it as a binding contract

E. Richard cannot enforce this promise as his consideration, giving his nephew the car, is past.


Answer: E. Past consideration is no consideration. The transfer of the car was undertaken and completed without any thought of payment, and before his nephew made his promise.


(04) 侵权 Tort


侵权的考试内容涉及妨害行为,疏忽大意,例如注意义务、因果关系等,以及正当防卫、替代责任原则、产品质量等。

例题: A man is using his new mountain bike which is a state of the art product. It has a specially developed metal frame which enhances the bike’s performance over rough terrain. However due to metal corrosion in some of the screws, which was unforeseeable, the handle bar snaps in two when the man is using it. He breaks both wrists.

Which of the following best explains whether the man can recover damages for his injuries under the Consumer Protection Act 1987?


A. Yes, because the bike is defective.

B. Yes because there has been a breach of the duty of care.

C. Yes because his injuries are not too remote.

D. No because the injuries were not foreseeable.

E. No because damages for personal injuries are not awarded under the Consumer Protection


Answer:A. Yes, because the bike is defective.


(05) 英格兰和威尔士的法律体系 Legal System of England and Wales


考生在该部分需要了解法院相关制度(法院层级制度、上诉制度、管辖权)、案例法制度及其发展、立法制度、法律的解释,以及欧盟法的构成和规则,法律服务,包括SRA的监管、法律服务的收费选择等内容。


例题: Where a judge notes that the facts of a precedent were different from the facts in the present case, he effectively steps away from any obligation of applying the precedent. This is known as "distinguishing'1 the precedent. If the Court considering the precedent has higher precedential authority as per the doctrine of stare decisis, it may overrule the precedent and thus proceed without considering it.

Which of the following is the ratio decidendi of a case?

A. The judgment

B. The comments made by the judge in relation to the facts of the case

C. Explanations, illustrations and metaphors

D. The rule of law arising from the material facts of the case

E. The decision


Answer:D. Ratio decidendi is the reasoning used by the judge in arriving at his judgment. Facts are unique and reasoning is transferable. Hence, the reasoning of the judge is also the rule of law arising from the judgment.


(06) 公法 Public Law


公法的考试内容包括宪法(宪法基本原理、宪法原则、议会)、行政法(司法审查的依据、司法审查的程序)、核心权利与自由。


例题: Avery controversial bill is being proposed by Parliament and there is considerable public pressure being placed on every step of the process to prevent the bill from becoming a law.

Which of the following statements is the most accurate in relation to this proposed Act?


A. The monarch has the power not to grant Royal Assent to the bill; therefore, if the public could persuade the monarch to withhold the Royal Assent, this would block the bill

B. The public will vote on the issue on a referendum, as it is so controversial, the majority will rule

C. The public can demand the House of Lords to look at the provisions of the bill and, potentially, prevent the bill from becoming a law

D. If there are public policy grounds why the bill should not be allowed to become a law, then the public can oppose the bill by approaching the Parliament through a special procedure

E. The Justices of the Supreme Court can refuse to apply the bill, on public policy grounds, if it becomes a law


Answer:A. The monarch has the power and can prevent a bill from becoming a law, by withholding Royal Assent. Public pressure may impact on the decisions made during the passing of the act, but cannot, ultimately, prevent the act from becoming a law.


(07) 法律服务 Legal Services


法律服务,包括SRA的监管、法律服务的收费选择等内容。


例题:A solicitor is dealing with a negligence case for a client. At the outset the solicitor gave a written estimate of likely total costs of £15,000 including counsel’s fees and other disbursements. A few weeks later the solicitor decides that expert evidence is also needed and the cost of this will be an additional £3,000.

Which of the following best explains what the solicitor should do next?


A. The solicitor does not need to do anything because the client was informed that it was only an estimate at the outset.

B. The solicitor does not need to do anything because experts' costs are awarded by the court.

C. The solicitor does not need to do anything because he is not obliged to tell the client about third party costs.

D. The solicitor should write to the client to inform him about the cost of the expert and ask for his instructions because a solicitor must get prior approval for every item of expenditure.

E. The solicitor should write to the client to inform him about the cost of the expert and ask for his instructions because the original estimate is no longer accurate.


Answer:E. The solicitor should write to the client to inform him about the cost of the expert and ask for his instructions because the original estimate is no longer accurate.


SQE考核二:


(1) 产权法与实务 Property Law and Practice


物权法考核不动产法律,例如如何调查已注册及未注册不动产的产权、订立合同签的查询、资金(资金来源、抵押贷款的类型)、合同的准备和交换(持有存款的方式、保险和风险、交换的后果),房产租赁相关法律,包括租赁的结构内容(修理、保险、转让等)、租赁或者转租的步骤与程序、转租牌照、租赁契约、违反租赁契约的救济、租赁的终止等,规划法的核心原则以及房地产税收法律。


例题:Dave purchases a small area of "land-locked" farmland which is situated in the middle of Oldcastle Town Moor from Oldcastle City Council, which also owns the moor. The transfer makes no mention of the grant of easements. The land is not as profitable as Dave had hoped and he decides to construct a restaurant there. Which of the following statements best describes the legal position?


A. Dave has no easements to access the land

B. Dave has an easement of necessity to access the land for the purposes of farming but no easement of necessity for its use as a restaurant

C. Dave has no easement of necessity to access the land for the purposes of farming but does have an easement of necessity for its use as a restaurant

D. Dave has an easement of necessity to access the land for the purposes of farming and an easement of necessity for its use as a restaurant

E. Dave has an express easement to access the land for all purposes


Answer:B. Dave has an easement of necessity to access the land for the purposes of farming but no easement of necessity for its use as a restaurant. An easement of necessity only affords those rights to the grantee which are necessary for the enjoyment of the land at the time of the grant. As the land was being used as farmland, it would not be possible for a wider grant to be implied so as to serve the property as a restaurant.


02 遗嘱与遗产管理 Wills and Admin of Estates


该部分包括遗嘱的效力(遗嘱能力、胁迫和不正当影响、形式要求),遗嘱的更改、遗嘱的撤销、遗嘱的解释、无遗嘱死亡规则(1925年《遗产管理法案》第46条、法定信托),以及遗嘱检验与管理实务和遗嘱和遗产管理的税务问题。


例题:“My Trustees shall hold my property on trust to permit my mother to live in the property for the remainder of her life and after her death to hold the property upon trust for such of my nephew and niece as survive my mother and attain the age of 21 years in equal shares.” The nephew is now aged 20 years and the niece is aged 22 years.

Which of the following statements best describes the beneficial interests in the trust fund?


A. The mother has a vested interest but the nephew and niece have contingent

interests.

B. The mother has a contingent interest but the nephew and niece have vested

interests.

C. The mother, nephew and niece all have contingent interests.

D. The mother, nephew and niece all have vested interests.

E. The mother and niece have vested interests but the nephew has a contingent

interest.


Answer:A - The mother has a vested interest but the nephew and niece have

contingent interests.

Answer:D - The date of the result of the priority search, to avoid subsequent

entries being made on the title which bind the purchaser.

03 律师账目 Solicitors Accounts


律师账户的考核内容包括客户资金(其定义、存款、扣留、还款),客户账户(帐户的含义和名称、需要的提款和会计分录),利息,保持和维护客户账户准确记录的要求,联合账户的操作及客户自己账户的操作,第三方管理账户等知识。


例题:A firm of solicitors is acting on behalf of a client who is selling his property and purchasing a new property. A deposit of £25,000 has been received in respect of the sale and is held as stakeholder.

Which pair of double entries shows how the receipt of the deposit should be recorded?

A. Credit cash sheet client account Debit stakeholder ledger

B. Credit cash sheet business account Debit stakeholder ledger

C. Credit client ledger client account Debit stakeholder ledger

D. Credit stakeholder ledger Debit cash sheet client account

E. Credit cash sheet client account Debit client ledger client account

Answer:D. Credit stakeholder ledger Debit cash sheet client account


04 土地法 Land Law


土地法需要考生首先掌握土地的特点(如不动产和动产的区别、如何取得及处分合法及公平的土地权益、持有土地的不同方式、建立和转让土地权益和不动产所需的法律手续),另外需要了解土地所有权、未注册土地业权的核心原则、共同所有权和信托(联权共有的分离、参照1996年《土地信托与受托人委任法》第14和15条解决共同所有人之间的分歧),专有权利、土地租约的知识。


例题:A solicitor is acting for the seller of a freehold property with unregistered title. The solicitor is preparing for deduction of title to the property to a solicitor acting for the buyer. He examines the deeds and documents relating to the property.

Which of the following is the best candidate for a good root of title when deducing title to the property?


A. A conveyance of the property dated 10 March 1984.

B. An assent of the property dated 30 April 1988.

C. A planning permission for the property, dated 15 May 2015.

D. A will devising the property, dated 20 May 1984.

E. A land charges search certificate, dated 8 March 1984.


Answer:A. A conveyance of the property dated 10 March 1984.


05 信托 Trust


信托法和核心知识包括:明示信托的设立和要求、收益权利、慈善信托与非慈善目的信托的区别、家族信托的设立和要求、受托人特点、受托人的权利义务。


A man died leaving a will by which he left all his estate to three trustees to hold on trust for the four children of his best friend. The children are to inherit at the age of 18. Two of the children have reached the age of 18 and have received their share of the trust fund. The other two children are still under the age of 18. The trust fund comprises a portfolio of shares. One of the trustees has just died.

Which of the following best describes whether it is necessary for a replacement trustee to be appointed?


A. A replacement trustee must be appointed because some of the beneficiaries are still under the age of 18.

B. A replacement trustee must be appointed because three trustees were originally appointed and there are now only two trustees.

C. There is no requirement to appoint a replacement trustee because the trust came into effect after the man’s death and not during his lifetime.

D. There is no requirement to appoint a replacement trustee because there is no land in the trust investments.

E. There is no requirement to appoint a new trustee because there are two surviving trustees.


Answer:E - There is no requirement to appoint a new trustee because there are two surviving trustees.


06 刑法与实务 Criminal Law and Practice


刑法相关法律制度涉及刑事犯罪(人身攻击、盗窃、刑事损害、杀人、欺诈等)、如何为客户(包括弱势客户)提供关于警察局的程序和流程的建议、刑事诉讼中涉及的程序(起诉、庭审、证据等)的相关知识。


例题: A wife ("the defendant), who had suffered regular \dolent assaults by her

husband, fatally stabbed him. She lost her control after her husband ("the victim”)

threw the dinner she had cooked against the wall, claiming it was disgusting. Although there was no immediate threat of violence, she had been the subject of regular beatings throughout the marriage and she feared that she was about to be beaten again. She has subsequently been charged with murder.

Which option best states what a defendant must show when asserting a loss of control defense caused by a fear of serious violence from the victim?

A. The defendant does not need to show anything; it’s for the prosecution to prove its case

B. The defendant must show that she lost control because of her fear of serious violence from the victim and needs to show that her fear was reasonable

C. The defendant must show that she lost control because of her fear of serious violence from the victim and needs to show that her fear was believable

D. The defendant must show that she lost control because of her fear of serious violence from the victim and to show that her fear was genuine

E. The defendant must show that she lost control because of her fear of serious violence from the victim and needs to show that her fear was plausible


Answer: D. The defendant must show that she lost control because of her fear of serious violence from the victim and needs to show that her fear was genuine. Section 55 of the Coroners and Justice Act 2009 includes two 'qualifying triggers* that apply to the loss of control partial defence to murder by loss of control: fear of serious violence and being seriously wronged. Under section 55(5), however, the qualifying trigger may be activated where the defendant's loss of self-control was attributable to a combination of these two listed triggers. The first of these is where the defendant’s loss of self-control was attributable to his or her fear of serious violence from the victim (section 55(3)). The defendant in this case must show that she lost control as result of a qualifying trigger. Then, in those cases where the defendant lost control because of her fear of serious violence from the victim, she must show that she lost self-control because of a genuine fear of serious violence, whether or not the fear was in fact reasonable.


总结


SQE1类似于国内的客观题考试部分,而由于2021年9月是SQE1第一次考试,目前真题数量非常有限。因此,只有高质量模拟题的出现,才可以使考生更容易通过SQE1考试。对此PASS SQE项目组针对该考试特性,将于2022年3月底4月初推出专门针对中国考生的学习平台,以期帮助中国考生有信心轻松通过SQE1阶段考试,打开成为英国律师的第一扇门。


02 SQE2 主要内容


SQE2介绍


SQE2考试考察会见和出庭笔记及法律分析、辩护、案件与事项分析、法律研究、法律写作、法律文书起草几个方面的法律能力。而上述能力将通过刑事诉讼、争议解决、财产实践、遗嘱和无遗嘱死亡/遗嘱实践管理、商业组织规则和程序领域来考核。此外,专业精神和道德规范将是SQE2的核心部分。关于道德的问题将贯穿整个SQE2。道德问题不会被标记出来,考生需要识别任何道德和职业行为问题,并行使判断力,诚实和诚信地解决这些问题。


SQE2考试将分为书面和口头两个部分。笔试包括案例与事项分析、法律研究、法律写作、法律文书起草。SQE2笔试在三个半天内进行。考生将参加总共12项书面法律技能评估。



口试部分用以考察会见和出庭笔记、法律分析以及辩护能力。SQE2口试将在两个半天内进。考生将参加总共四项口头法律技能评估。



SQE2例题


1. 案例与事项分析


考生将得到一份或多份说明客户是谁的文件,并提供客户前来讨论的内容。有10分钟的时间来准备。此后,考生有25分钟时间与在场的客户进行面试。在面试中扮演客户角色的评估员将只评估考生的技能(不评估法律的应用)。然后,考生有25分钟时间手写一份关于刚刚完成的会面记录/法律分析。


2. 辩护


考生在此部分有45分钟考虑所提供的文件并做准备,15分钟向在场的法官陈述观点。法官将由一名英格兰和威尔士的律师扮演,他将从技能和法律应用两方面进行评估。


3. 案件和事项分析


此样本是一个案例和事项分析评估的例子。考生有60分钟考虑所提供的文件并完成书面任务。


4. 法律研究


考生有60分钟的时间进行研究并完成书面答案。考试将提供法律研究评估的资料来源,但所提供的一些资料可能并不相关。


5. 法律写作


此部分需要考生进行法律写作,例如起草一封回复客户法律问题的邮件,时间为30分钟。


6. 法律文书起草


此部分要求考生根据案情起草一份法律文书,例如索赔表和索赔细则,时间为45分钟。

我们为大家整理了上述SQE2部分例题文书文件,请添加我们的幸运狮(微信号:PASS SQE)领取,也可以关注我们的公众号,关注发送暗号“例题文书”即可获取。


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