Aims / Purposes of the session

1. Mooting as a compulsory part of the law programme: enhancing the quality of the student learning experience?HEA Discipline Workshop and Seminar Series University of Leeds30 January 2013

2. Aims / Purposes of the session • To share our experiences and gain feedback/suggestions on examples of good practice, areas for improvement etc ... • ... with a view to improving the quality of the learning experience for students at Leeds and to aid with curriculum review and development

3. Mooting as an intra-curricular activity • In 2006/2007, Gillespie and Watt carried out ‘the first comprehensive public study of the use of mooting within the curriculum of the academic stage of legal education.’1 • They found that in 1995 only 20% of mooting operated within the curriculum, yet by 2005 nearly 60% of mooting took place this way – a significant shift. 1Allisdair Gillespie and Gary Watt, Mooting for Learning (UKCLE PDF Project, 2007) <http://www.ukcle.ac.uk/projects/past-projects/gillespie/>

4. Different ways of incorporating mooting into the curriculum • As part of a ‘Legal Skills’ module • Embedded in ‘substantive modules’, e.g. Contract Law • As a discrete ‘mooting’ module • Can be assessed or non-assessed • Assessment can be summative or formative • Although mooting can be used incrementally throughout the years of study, the Mooting for Learning project showed that a majority of intra-curricular mooting takes place in the first year • A single moot within the curriculum appeared to be the norm

5. Mooting as a compulsory element of the LLB at Leeds – what we do • Since 2006: • UG students must undertake one moot as part of the year 1 compulsory ‘Legal Skills’ module • NB. Students on the 2 year LLB Law (Graduate Programme) do not take the Legal Skills module, nor do those students entering directly into year 2 or 3 through collaborative programmes • The moot is assessed (20% of the total marks) and students cannot transfer to the second year without undertaking the moot • Final part of a litigation case study in which students work in groups and individually to research black letter law and apply it to a civil dispute

6. Why the litigation case study? • Good for team work • It’s the “real world” of law which encourages student engagement • Higher order skills: legal research and application of law to facts • Goes beyond a textbook

7. Why a moot? • Need to encourage oral skills especially in the context of larger group sizes in seminars • Must use case law… law isn’t all context!

8. Extra support • Westlaw and Lexis Library pay a student rep to foster use of their databases • These students run voluntary ‘mooting help sessions’ for students undertaking the Legal Skills module

9. Voluntary mooting • Available to all students (UG and PG) as an extra-curricular activity • Law students’ society (LawSoc) • 1styear competition ( judged by 2nd and 3rd year students) • Senior years competition ( judged by a third year and a member of staff) • Final in the Supreme Court! • National mooting competitions • ICLR; OUP/BPP; Essex Court; Beechcroft; Jessup • Inter-varsity

10. At Leeds, is the compulsory moot something that we should keep / change etc?

11. Benefits to students • Black letter academic skills • Confidence and ability as speakers • Professionalism • Toughness and maturity • Career identity • Employability • Enjoyment

12. But … • Is one moot enough to develop and practise these skills and attributes? • Does mooting in the first year provide the best opportunity for students to develop these skills and attributes (and be assessed on them)? • Can these skills and attributes be developed in other ways? • To an extent profiting from these will depend on reflection and consciousness…. PDP and reflexive learning • Can students articulate these benefits on application forms and in interviews?

13. Disadvantages for students • Compulsory moot: • Don’t want to be an advocate ... it’s irrelevant to me • The prospect is intimidating ... I’m very anxious • I’m so focused on the formalities ... I’ve forgotten all about the law! • The formalities are silly

14. Benefits to the Law School • Raises the standards in black letter subjects, helps to foster key skills, encourages student-centred and problem-based learning ... and (almost) all students are exposed to this • Interests student applicants … but scares others

15. Disadvantages for the Law School • Very time consuming • approximately 40 one-hour moots have to be organised, timetabled, and judged by 3/4 members of staff • Student absence means that several moots have to be re-scheduled • Module Coordinator has to ensure consistency of marking

16. Small scale research project planned to explore: • Is mooting (as part of a compulsory module) a valuable activity? What are its benefits? • How do students feel about the compulsory first year moot? • Do students benefit from this? How much? In what ways? • Do students feel that they benefit from this? • What are the advantages/disadvantages and benefits/costs of the first year moot? • Is the first year moot worth doing/keeping? • Is the first year the best time to do a compulsory moot? • Should the moot be assessed? • Would students prefer to do more, or less, moots? • Is our way of incorporating mooting into the curriculum the most effective way? Could we do things better? • Etc ... Survey and focus group data to be collected from staff and students in the Law School and analysed alongside data from module review questionnaires etc