Below are two questions taken from a previous JAC Scenario Test for you to use to familiarise yourself with the style of questioning, the format of the test and to see what is expected.
This example includes the pre-reading and test materials provided, and how the tests are marked.
Please note that this example test was used in 2020 and it is not planned to re-use it. For the purpose of this example resource, you may find it helpful to time yourself in accordance with the time limit provided for the test.
These questions were used to assess candidates aligned to a JAC competency framework, and not the Judicial Skills and Abilities Framework (JSAF).
For further information on the format of online tests, please see guidance on accessing the Scenario Test.
Fee-paid Judge of the First-tier Tribunal and Employment Tribunal Scenario Test Example Questions
In the live test, pre-reading was sent a week in advance. The test lasted for 70 minutes and consisted of three questions (one with two parts). This example test includes two questions (one with two parts). Therefore, we recommend that the below word limits are considered if candidates wish to time themselves when taking the example test.
We would recommend you spend no more than 40 minutes answering these questions. This is to ensure you can replicate the time you would have had to answer these questions during the test.
Question 1 had a word limit of 200 words, question 2A had a word limit of 250 words, and question 2B had a word limit of 250 words. The third question on the live test (not featured in this example test) had a word limit of 600 words.
The test presented candidates with a range of different situations that they might experience as a fee paid judge sitting at first instance in any jurisdiction, tribunal or court (whether alone or with non-legal members).
The test did not require candidates to have specific knowledge or experience of any particular jurisdiction but was designed to test the following competency areas:
•Exercising Judgement
•Assimilating and Clarifying Information
•Managing Work Efficiently
Before beginning to answer the below questions, please take some time to review the pre-reading and scenario for this example test. Fee Paid First-tier Tribunal and Employment Tribunal – Pre-Reading and Scenario.
No additional resources or reading were provided to candidates when answering the below questions.
It is the day of the appeal.
A reporter for the local newspaper attends the Club and asks to be permitted to listen to the appeal and to post what is being said on social media in real time. The reporter cites the public interest in the story. Mr Smith objects, saying that the hearing should be in private on grounds that he received threatening messages after the initial newspaper report, and he fears for the safety of himself and his family. At the very least, he says, if you allow the reporter to be present then she should not be permitted to report his name or any information which would identify him.
Question 1
Do you allow the reporter to attend the hearing? If so, do you allow the reporter to live-post the proceedings on social media? Identify the relevant Rules, set out the relevant factors and then give reasons for your decisions.
This question is worth 15 marks. Word limit: 200 words.
Question 2
During the appeal hearing, Mr Smith claims that Mr Khan has long disliked him following an umpiring dispute and that this was a contrived attempt by Mr Khan to have him expelled. Mr Smith argues that no genuine distress could have been caused by what he described as a post which was clearly intended as a humorous comment on a current news story of public interest. To support his claim, Mr Smith says that he wants to produce several pages of printed text messages for the panel to read.
Ms Goldman, the solicitor for the Club objects, saying that she has not had a fair opportunity to read the text messages and the extracts produced by Mr Smith may not give a full impression of the relationship between the two men. She says that if you allow the new evidence, she requires an adjournment to call Mr Khan to give evidence in response. Mr Smith says that if you refuse to admit the evidence, he will ask for an adjournment as he cannot have a fair hearing without the panel knowing the full picture.
2A. Do you decide to admit the text message evidence? Give only ONE decision. Identify the relevant Rules, set out the relevant factors and then give reasons for your decision. Word limit: 250 words.
For live JAC Scenario Tests, candidate submissions are anonymised and marked by a panel. A sample of the test scripts are selected for moderation, which takes the form of markers cross checking each other’s work.
For more detail on the marking process, below is the feedback and evaluation reports for this test. Unfortunately, the JAC cannot mark your responses to the above questions for you, but within the reports are breakdowns on what well-scoring candidates included in their answers.
Fee-paid Judge of the First-tier Tribunal and Fee-paid Judge of the Employment Tribunal Scenario Test Feedback and Evaluation Report