Advocacy & Persuasion Flashcards

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

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

The prosecution opens the facts and reads antecedents; the defence then presents mitigation before the judge passes sentence — this order ensures the court has all information before deciding.

The 'two counsel' rule in criminal proceedings means:

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

Traditionally, King's Counsel in certain courts could not appear without a junior counsel; while largely abolished, this convention may still be relevant in some senior court contexts.

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

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

SQE2 oral advocacy assesses both the practical advocacy skills and the candidate's adherence to professional conduct obligations including not misleading the court.

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

Answer: Arise out of matters raised in cross-examination

Re-examination is strictly limited to matters raised in cross-examination; its purpose is to rehabilitate the witness and clarify any ambiguities created by the cross-examiner.

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

Answer: Apply immediately after judgment is given and before the judge rises

Costs applications must be made promptly after judgment, before the judge rises; the court can make a summary assessment of costs at the end of many hearings.

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

Answer: The balance of probabilities

In civil proceedings the claimant must prove their case on the balance of probabilities — more likely than not (>50%) — a lower threshold than the criminal standard.