Advocacy

Question 1

What is the preparation time and the assessment time for advocacy?

Answer 1

Prep time: 45 minutes
Assessment time: 15 minutes

Question 2

In what situations/areas of law will you be assessed in advocacy?

Answer 2

Criminal Litigation
Dispute Resolution

Question 3

When should you be seated or standing for the advocacy assessments?

Answer 3

Seated during the Dispute resolution scenario
Standing during Criminal litigation

Question 4

What should you do to establish the facts for the submission you are making?

Answer 4

Take the judge to the relevant passages from the evidence (page/pargraph number, and of which document)

Question 5

In what 5 skills are advocacy graded?

Answer 5

1. Appropriate language and behavior
2. Clear and logical structure
3. Engages with the court appropriately
4. Persuasive argument
5. Includes all key facts

Question 6

What are the 2 components of the appropriate language and behavior skill?

Answer 6

1. Use the correct term of address for the judge
2. Use language which reflects the fact that you’re representing a client in court

Question 7

How should you address the following civil court judges, by reference to their written title?
1. Hill J
2. Master Hill
3. HHJ Hill
4. DJ Hill

(bonus points - which court matches each address?)

Answer 7

1. My Lord/Lady (High Court)
2. Judge (High Court)
3. Your Honour (High Court/County Court)
4. Judge (County Court)

Question 8

How should you address the following criminal law judges, by reference to their written title?
1. HHJ Allen
2. DJ Allen
3. Mr/Mrs Allen

Answer 8

1. Your Honour (Crown Court)
2. Judge (Magistrates’ Court)
3. Your Worship or Sir/Madam (Magistrate’s Court)

Question 9

How can you address the court, if you don’t remember which mode of address to use for the judge?

Answer 9

“If it pleases the court, I represent X…”

Question 10

You should avoid prefaces in your sentences e.g. “I think” or “I feel”

If you must use a preference, give 4 acceptable prefaces

Answer 10

1. I submit
2. It is submitted that
3. It is contended that
4. In my submission

Question 11

How should you refer to your client in court? (2 ways)

Answer 11

1. Mr/Mrs/Ms X
2. complainant/defendant/applicant/respondent

Question 12

You should avoid asking questions of the judge.

What are the only 2 appropriate scenarios in which you can ask the judge questions?

Answer 12

1. For clarification on something they have said or asked
2. For a brief summary of the facts

Question 13

In what way should you ask the judge for a summary of the facts?

Answer 13

“With your permission, I will briefly summarise the facts”

Question 14

Your speech should follow a clear and logical structure.

What are the 9 steps you should cover in your speech?

Answer 14

1. Introduction
2. Application
3. Court powers and legal test (DR only)
4. Check judge has the documents (if required)
5. Facts (if required)
6. Roadmap submissions
7. Submissions
8. Summarise
9. Close

Question 15

How should you signpost your presentation (using 3 limbs)?

Answer 15

Explaining:
1. The no. of submissions you’re making
2. Summarising each submission in a sentence
3. Then taking each submission in turn in more detail, using PEL

Question 16

What is case presentation theory?

Answer 16

The decision you want the judge to make and the reason why this is the correct decision.

Question 17

What is good fact / bad fact anaylsis?

Answer 17

Recording any facts which support your case against any facts which counter it