SQE2 Advocacy

Question 1

When making an opening speech in a civil trial, what is the primary purpose of the advocate's address?

Accepted Answer

To outline the facts of the case, identify the issues, and explain what the evidence will show

Answer

To argue the legal merits of the case in detail

Answer

To cross-examine the opposing party's witnesses

Answer

To request an adjournment

Question 2

During cross-examination, an advocate should avoid asking which type of question?

Accepted Answer

Open-ended questions that allow the witness to give a narrative answer

Answer

Leading questions

Answer

Questions that challenge the witness's credibility

Answer

Questions about prior inconsistent statements

Question 3

What is the 'cab rank rule' applicable to barristers, and does it apply to solicitor-advocates?

Accepted Answer

It requires barristers to accept any brief in their area of competence at a proper fee, but it does not apply to solicitor-advocates

Answer

It requires barristers to accept any brief in their area of competence, and it applies equally to solicitor-advocates

Answer

It allows barristers to refuse any case without reason

Answer

It only applies to criminal cases

Question 4

An advocate discovers during trial that their client has given perjured evidence. What must the advocate do?

Accepted Answer

Advise the client that they cannot continue to act if the client insists on maintaining the false evidence, and inform the court if necessary

Answer

Continue as if nothing has happened to protect the client

Answer

Immediately announce to the court that the client has lied

Answer

Ask the court for a recess to fabricate alternative evidence

Question 5

In a magistrates' court, when making a plea in mitigation, which of the following should an advocate address?

Accepted Answer

The circumstances of the offence, the defendant's personal circumstances, and any relevant mitigating factors from the sentencing guidelines

Answer

Only the defendant's financial circumstances

Answer

Only the sentencing guidelines

Answer

Only character references

Question 6

What is the purpose of a skeleton argument in civil proceedings?

Accepted Answer

To set out in advance the main legal and factual arguments, with references to authorities and evidence

Answer

To replace the need for oral submissions entirely

Answer

To provide a personal statement from the client

Answer

To list all documents in the trial bundle