Advocacy & Persuasion Flashcards
6 cards from real SQE2 practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Advocacy & Persuasion flashcards as text
In a bail application, the advocate for the defence should address which key statutory factors?
Answer: Grounds for refusing bail under the Bail Act 1976 and why they do not apply
The Bail Act 1976 specifies statutory grounds for withholding bail (failure to surrender, committing offences, interfering with witnesses); defence advocacy should demonstrate these grounds are not met.
When addressing a tribunal, the cardinal rule of oral advocacy is to:
Answer: Be clear, concise and structured, adapting to the tribunal's questions
Effective oral advocacy requires clarity of structure and argument, responsiveness to the tribunal's concerns and brevity — reading out notes rigidly is considered poor practice.
In the Court of Appeal (Civil Division), permission to appeal is generally required except:
Answer: For appeals against committal for contempt
By statute, appeals against committal orders do not require permission, reflecting the fundamental importance of liberty in those cases.
An advocate who realises they have inadvertently misled the court must:
Answer: Immediately correct the court at the earliest opportunity
The duty not to mislead the court is an ongoing obligation; if an advocate has inadvertently misled the court they must correct the position immediately regardless of the impact on their client.
Skeleton arguments in civil advocacy are primarily intended to:
Answer: Provide a structured overview of arguments and key authorities in advance
Skeleton arguments set out the structure of oral submissions, identify key legal authorities and define the issues in advance, enabling the tribunal to prepare for the hearing.
Which principle governs how an advocate deals with a client who wishes them to advance a submission the advocate considers dishonest?
Answer: The advocate must refuse to advance a submission they know to be false or dishonest
A solicitor-advocate must not knowingly advance a false or dishonest submission; this is an absolute prohibition rooted in the duty to the court that overrides client instructions.