SQE2- Advocacy EXAM & ANSWER

SQE2- Advocacy EXAM & ANSWERS .After you have provided a summary of the background facts, what do you do? - ANSWER-Present each of your substantive points together with the supporting evidence i.e. what the relevant law says you need to prove for your application to be successful .After you have stated the application you have made, what do you then do? - ANSWER-Provide a brief summary of the background facts eg. "If it please the court, I will provide a brief summary of how the matter comes before you today" .Can you include contested facts when providing a summary of background facts? - ANSWER-No .Can you interrupt the judge? - ANSWER-Under no circumstances .Do you need to quote directly from the paperwork in advocacy? - ANSWER-Yes .How do you address a Circuit Judge in the High Court or County Court? - ANSWER-Your Honour .How do you address a Circuit Judge or Recorder in the Crown Court? - ANSWER-Your Honour .How do you address a District Judge in Magistrates? - ANSWER-Judge .How do you address a District Judge in the County Court? - ANSWER-Judge .How do you address a judge in the High Court? - ANSWER-My Lord/Lady .How do you address a magistrate? - ANSWER-Your worship .How do you address a Master in the High Court? - ANSWER-Judge .How do you conclude advocacy? - ANSWER-By saying what power the judge has to grant your application and asking them to make the order you are seeking .How do you deal with sentencing guidelines in advocacy? - ANSWER-Follow the steps given in the sentencing guidelines, which is to determine the offence category by looking at culpability and then harm, look at the starting point for sentence, and then apply the aggravating factors .How do you refer to a master? - ANSWER-Judge, not master .How do you refer to the claimant/defendant? - ANSWER-Mr, Mrs, etc and never by the first name or just the "claimant/defendant" .How do you start advocacy? - ANSWER-By stating the application you have been asked to make eg. "Judge, I am representing the claimant, Mr Smith, today in an application for summary judgment" .How long do you get given for advocacy? - ANSWER-45 minutes to prepare and 15 minutes to deliver .How should you set out your presentation? - ANSWER-IN bullet points rather than drafting whole sentences or paragraphs .In civil cases, do you need to address the court on how the legal costs of the application should be dealt with? - ANSWER-Yes, if the instructions say so (N.B. if there is no mention of costs, deal with the substantive application first and only if you have time deal with costs of the application at the end) .Is a security for costs order a mandatory or discretionary power? - ANSWER-Discretionary .Is an application for adjournment a mandatory or discretionary power? - ANSWER-Discretionary .Is an application for interim payment discretionary? - ANSWER-Yes .Is an application to strike out a mandatory or discretionary power? - ANSWER-Discretionary .Is an interim prohibitory injunction a discretionary power? - ANSWER-Yes .Is an unless order a mandatory or discretionary power? - ANSWER-Discretionary .Is setting aside a default judgment a mandatory or discretionary power? - ANSWER-Both .Is summary judgment a mandatory or discretionary power? - ANSWER-Discretionary .Should you make specific reference to the evidence by referring to the page/pargraph number and documents? - ANSWER-Yes .Should you signpost your points, for example saying that you have three submissions to make? - ANSWER-Yes .What are applications for relief from sanctions? - ANSWER-For example, if a claim or defence was struck out for non-compliance with a rule, practice direction or court order, or financial sanctions for non-payment of court fees