Provided below is a guide to preparing for a moot, this advice is given to you to aid you during your mooting experience. With adequate preparation, you will be able to enter the court room with confidence in your ability to present a persuasive legal argument.
Your counsel
You will be mooting in a team and cooperation between team members is essential. If you are able to choose your counsel be sure to choose someone who you feel will compliment your researching and oral advocacy style. If you are unfamiliar with your counsel you must get to know them before the hearing. Your main submissions will be divided between your team members. You must know the issues your counsel will be addressing so your team can present a simple and structured legal argument.
Initial research
As a team you should consult basic introductory texts, these will list the elements in the areas of law you have identified and will identify the applicable law. This preliminary research will provide you with a direction for your legal research and ideas for your main arguments
Identification and delegation of main submissions
You will have the task of identifying and delegating your main submissions. The fact scenario you will be given will disclose a number of legal issues. Your task is to provide a main argument (submission) for each issue that advances your argument. The order in which your submissions are presented must reflect a consistent and logical legal argument to enable you to persuade the bench.
Further individual research
Once submissions have been delegated, each team member must individually continue their research focusing on the submission assigned to them. You must clearly identify each submission you will be arguing. Then you must then identify and outline the common law or legislation you will be using to support each submission. The introductory texts you consulted as a team will identify the relevant legislation and common law authorities. Full cases can be found in the authorised reports in the law library or on online databases. Now you must persuade the bench that according the facts of the case and the current interpretation of the law, your submission must be accepted. You must aim to keep your argument as simple as possible. Also, at this point it is essential that you do not draw factual inferences supporting your argument that are not present in the moot problem.
You will have to know the cases you rely upon in detail. However, to keep your argument simple and strong you should focus mainly on the principal authorities. It is essential that you only refer to authorised reports, and make sure that the case or legislation you are relying upon has not been recently overruled or repealed. Also, you must know the full reference for, and submit an authorised hard copy of every case you cite. Moot problems are often based on existing case law, however this does not mean the fate of the case is pre-determined, certain facts will be changed for the competition and it is unwise to assume that your team will win because of a similar previous judgement. Policy arguments should be used sparingly, if at all, because they are vague and suggest you lack a strong legal argument.
Reviewing your submission
Team members can provide useful feedback your submissions by identifying potential weaknesses in your argument. This will allow you to prepare answers for arguments against your submission. This information is not to be included in your written submission, but can be included in your notes and be used to answer questions from the bench that question the merits of your argument. Reviewing your team member’s submissions will ensure everyone is following your original consistent and logical legal argument.
Written submissions
A percentage of your mooting score is derived from the quality of your written submission so it is essential that it is correctly formatted. Your law school is likely to provide you with a written submission guide. If you have not been provided with a guide you could ask to see a previous mooter’s written submission, find some mooting books in your law library, or use guides available online.
Each mooter must hand in copies of their written submission at a specified time before their appearance in court. When you hand in your written submission you will be given a copy of your opponents’ written submission, which will allow you to see their main submissions and the authorities they will be using. If your opponents’ written submission names a case whose ruling opposes your submission, do not ignore it. Instead, prepare an answer explaining why the facts of that case are different from the moot problem you have been given, distinguishing that case from yours on its facts.
Notes for in the Court Room
Senior counsel will need to write a small speech introducing themselves, their junior counsel, and the main submissions their team intend to address.
Allowing one page for each submission will allow you to move around your points and to omit something if it has already been addressed by a question from the bench. Using dot points will facilitate eye contact with the bench, allow flexibility in answering questions, and increase your interaction with the bench. Brief structured notes will allow you to articulate your legal position and will alert you to any problems in the flow of your argument, or any points for which you have not yet obtained supporting authority.
Your counsel
You will be mooting in a team and cooperation between team members is essential. If you are able to choose your counsel be sure to choose someone who you feel will compliment your researching and oral advocacy style. If you are unfamiliar with your counsel you must get to know them before the hearing. Your main submissions will be divided between your team members. You must know the issues your counsel will be addressing so your team can present a simple and structured legal argument.
Initial research
As a team you should consult basic introductory texts, these will list the elements in the areas of law you have identified and will identify the applicable law. This preliminary research will provide you with a direction for your legal research and ideas for your main arguments
Identification and delegation of main submissions
You will have the task of identifying and delegating your main submissions. The fact scenario you will be given will disclose a number of legal issues. Your task is to provide a main argument (submission) for each issue that advances your argument. The order in which your submissions are presented must reflect a consistent and logical legal argument to enable you to persuade the bench.
Further individual research
Once submissions have been delegated, each team member must individually continue their research focusing on the submission assigned to them. You must clearly identify each submission you will be arguing. Then you must then identify and outline the common law or legislation you will be using to support each submission. The introductory texts you consulted as a team will identify the relevant legislation and common law authorities. Full cases can be found in the authorised reports in the law library or on online databases. Now you must persuade the bench that according the facts of the case and the current interpretation of the law, your submission must be accepted. You must aim to keep your argument as simple as possible. Also, at this point it is essential that you do not draw factual inferences supporting your argument that are not present in the moot problem.
You will have to know the cases you rely upon in detail. However, to keep your argument simple and strong you should focus mainly on the principal authorities. It is essential that you only refer to authorised reports, and make sure that the case or legislation you are relying upon has not been recently overruled or repealed. Also, you must know the full reference for, and submit an authorised hard copy of every case you cite. Moot problems are often based on existing case law, however this does not mean the fate of the case is pre-determined, certain facts will be changed for the competition and it is unwise to assume that your team will win because of a similar previous judgement. Policy arguments should be used sparingly, if at all, because they are vague and suggest you lack a strong legal argument.
Reviewing your submission
Team members can provide useful feedback your submissions by identifying potential weaknesses in your argument. This will allow you to prepare answers for arguments against your submission. This information is not to be included in your written submission, but can be included in your notes and be used to answer questions from the bench that question the merits of your argument. Reviewing your team member’s submissions will ensure everyone is following your original consistent and logical legal argument.
Written submissions
A percentage of your mooting score is derived from the quality of your written submission so it is essential that it is correctly formatted. Your law school is likely to provide you with a written submission guide. If you have not been provided with a guide you could ask to see a previous mooter’s written submission, find some mooting books in your law library, or use guides available online.
Each mooter must hand in copies of their written submission at a specified time before their appearance in court. When you hand in your written submission you will be given a copy of your opponents’ written submission, which will allow you to see their main submissions and the authorities they will be using. If your opponents’ written submission names a case whose ruling opposes your submission, do not ignore it. Instead, prepare an answer explaining why the facts of that case are different from the moot problem you have been given, distinguishing that case from yours on its facts.
Notes for in the Court Room
Senior counsel will need to write a small speech introducing themselves, their junior counsel, and the main submissions their team intend to address.
Allowing one page for each submission will allow you to move around your points and to omit something if it has already been addressed by a question from the bench. Using dot points will facilitate eye contact with the bench, allow flexibility in answering questions, and increase your interaction with the bench. Brief structured notes will allow you to articulate your legal position and will alert you to any problems in the flow of your argument, or any points for which you have not yet obtained supporting authority.
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