SQE2 Advocacy & Persuasion 3

Question 1

In a sentencing hearing, which is the correct order of procedure in the Crown Court?

Accepted Answer

Prosecution facts and antecedents, defence mitigation, then the judge sentences

Answer

Defence mitigation, then prosecution facts, then judge sentences

Answer

Judge sentences first, then parties make representations

Answer

Both parties simultaneously submit written notes

Question 2

The 'two counsel' rule in criminal proceedings means:

Accepted Answer

A Queen's/King's Counsel cannot appear without a junior

Answer

Two barristers must be instructed for all Crown Court cases

Answer

Each party may only instruct two advocates maximum

Answer

Counsel must consult each other before cross-examination

Question 3

In SQE2 advocacy assessments, which aspect of professional conduct is specifically assessed?

Accepted Answer

Compliance with the duty not to mislead and maintenance of professional standards

Answer

The persuasiveness of closing submissions only

Answer

Memory recall of statutes without reference to notes

Answer

Negotiation outcome rather than advocacy technique

Question 4

When re-examining a witness in chief, an advocate may only ask questions that:

Accepted Answer

Arise out of matters raised in cross-examination

Answer

Cover any topic relevant to the case

Answer

Were not covered during examination in chief

Answer

Challenge the opponent's case theory

Question 5

When making a costs application at the end of a successful civil hearing, the advocate should:

Accepted Answer

Apply immediately after judgment is given and before the judge rises

Answer

Wait for the other side to raise costs first

Answer

Submit a written application within 28 days

Answer

Only apply if the costs order is agreed

Question 6

The standard of proof in civil proceedings that an advocate must persuade the tribunal of is:

Accepted Answer

The balance of probabilities

Answer

Beyond reasonable doubt

Answer

Clear and convincing evidence

Answer

Prima facie standard