Mooting Workshop

MootingWorkshop

1st years: Sheena Mahil2nd & 3rd years: Amber LewisExternal: NedaKhaliq

Keele Bar Society Mooting!

Simplest way to describe it • The simplest way of describing mooting is that it is a 'mock appeal trial’. • That involves two teams of two students who appear for opposite sides of the argument. • Facts of the legal case will be given in advance with time to research and prepare allowed so a legal argument can be constructed. (Usually 2-3 weeks) • Students will then present their argument before a judge (normally a member of staff) and will be judged on the quality of their response.

Appellant or RespondentThe two sides • Appellant – You will be appealing against a decision/point that has already been made. (The points i.e. Grounds of appeal, will be on the problem page). • Respondent – You will be trying to ensure the decision is not overturned. • The moot winner is determined by the law and the quality of the moot. So you could lose on the law but still win the moot!

Lead and Junior • Each pair when they moot will have a lead and a junior. (This is decided by the pair themselves) • Each will have different points that they will bring to the table. • The Lead will speak for 10 minutes • The Junior will speak for 8 minutes • The Lead appellant (only) will then be given a right of reply for 5 minutes. • ALWAYS STAND WHEN TALKING

Introducing Yourself – LEAD APPELLANT • The lead appellant opens the moot, it is their job to introduce themselves, their junior and the respondents. • If it pleases your lordship (ladyship), I am . . . . . and I appear for Mr Harper, as appellant in this action. My learned junior is. . . . . . My learned friends for the respondent are . . . . . and. . . . . . , who appear for the respondent Mr Palmer. Would your lordship appreciate a brief summary of the facts of the case before the court today?

INTRODUCING YOURSELF • May it please your lordship, I am . . . . . . .and I continue the case for the appellant/respondent. JUNIORS • My lord, as my learned friend has already indicated, I am . . . . . . and I appear for the respondent Mr Palmer. My learned junior is . . . . . If it pleases your lordship, I will commence the case for the respondent. • This may seem daunting – but remember it can go on a cue card, and once mooting has begun it becomes almost second nature.

Skeletons • A skeleton is a brief outline of your main argument. This is done in sections i.e. Lead/Junior. You must cite your authorities (cases/statutes etc.) at the end. • Do not use more than 4-6 authorities for your case. You want to make your case clear and concise. • You may not use cases that you haven’t cited in your skeleton. Although you may reference to your opponents - so it is key to read your opponents skeleton before mooting in preparation for counter argument. • This is normally exchanged between yourself and your opponents 48 hours before the moot. • At the end we will show you an example of a Skeleton.

Bundle • Simply a collection of cases and authorities that you will be relying on. • For internal competition the head note of the case and the part you will be quoting from will suffice. • You will need to direct the judge to the correct page in your bundle when you mention a new case. Page numbers/dividers are useful as is highlighting the quotation. • There are example bundles at the front.

CASES • When selecting a case for your argument, check it hasn’t been overruled or cited as bad law. • When introducing cases, you should give the name in full; that is the “v” is read as “and”, “R” is “The Crown” and the citation read out in words. • Therefore, Pepper v Hart [1993] 3 WLR 1032 would be “The case of Pepper and Hart, found in the third volume of the Weekly Law Reports for 1993 at page 1032. • (You pick up marks for presentation and speech by using the correct terminology).

Speech • You have to know your argument – but it does not have to be verbatim, cue cards are acceptable. (or even speeches providing you make eye contact with the judge) • Also cue cards are useful as sometimes during a moot the judge may question you on a point. DONT PANIC WHEN THIS HAPPENS. • If you need time say! • And you can confer with your partner! • ANSWER THE Q WHEN ASKED EVEN IF YOU ARE GOING TO COVER IT LATER. • IF YOU DON’T KNOW THE ANSWER DON’T MAKE IT UP!!

DRESS CODE=Smart! Jeans Trainers T-Shirts Hoodies ‘Bling’ Hats or caps Suits Smart Shoes Shirt and Tie Blazers Blouses Smart trousers/skirts

Useful Sources • Westlaw • Lexis NexisButterworths • Law Library • DO NOT CITE YOUR LEGAL TEXTBOOKS or LECTURE NOTES.

What to do • You will receive your problem via email READ IT! • Make sure you know what side you are arguing and pick out the main points of your argument. • Always read the case that is mentioned in the problem and use it to enhance your argument or discredit your opponents. • You need evidence to support these points e.g. Quotations from case judgements/statutes/articles etc. • Then confer with partner – and split workload lead and junior. • Then prepare skeleton and send to opposition 48 hours before moot date. • Then prepare speech and bundle. • Then MOOT!!!

To Conclude! • Mooting is FUN! • Looks great on your CV • Great way to make new friends • Help you with your studies • Provide the opportunity to compete in external competitions • Helps develop public speaking skills, research skills, presentation and communication skills • Mooting can benefit every student whether or not they plan to follow a traditional legal career path upon graduation.

Keele Bar Society You mustbe a member to compete in mooting.

Contact: keele_mooting@hotmail.co.uk Indicate which mooting officer you are emailing or put your year in the subject 1st year (Sheena Mahil) 2nd and 3rd years (Amber Lewis) External (NedaKhaliq)

Any questions?

Mooting Workshop