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Mooting workshop

2011 Griffith University Law Society. Mooting workshop. Peter Coulson Roger Allingham. “Every time you have to speak, you are auditioning for leadership.” James C. Humes. “May it please the Court...”. Mooting Basics. What is a Moot?.

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Mooting workshop

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  1. 2011 Griffith University Law Society Mooting workshop Peter Coulson Roger Allingham

  2. “Every time you have to speak, you are auditioning for leadership.” James C. Humes

  3. “May it please the Court...” Mooting Basics

  4. What is a Moot? • Formal definition: A moot is a formal legal argument before a judge or judges about points of law raised in a hypothetical case. • Practical definition:A competition between law students concerned with persuasiveness and accuracy in legal argument.

  5. What happens in a Moot? • Teams are issued with a hypothetical legal problem. • They represent one of the two parties to the litigation. • Teams must research and prepare legal arguments in support of their client’s position. • Teams must present their case to a judge(s) in a simulated court environment.

  6. “A moot is won or lost in the Library, not the Courtroom.” Research and Preparation

  7. The problem • Must be your own research. Plagiarism • Read. Re-read. Re-re-read. • Go through the facts and highlight all salient points. • Be careful to consider the practical implications of certain facts. • Example:2011 ALSA Comp: Fog.

  8. Research • Once you have fully considered the facts, only then should you move on to research. • Treat your research like a hypothetical. • The problem is deliberately written to be vague or in an ambiguous area of law to provide for arguments. • Keep a working file of your research.

  9. Research 2 • Start with a text book then move to cases. • READING CASES IS NOT OPTIONAL. • You will need to have a working knowledge of any cases you cite. • Understand that there is a significant difference between what Academics and Practitioners consider the law to be.

  10. Synthesis of argument • Once you have read enough background material, talk through the problem with your partner. • “War-game” the arguments for the Appellant and Respondent. • Finally settle on your most robust arguments. • Practice! If you can’t explain it to a six-year old, you don’t really understand it.

  11. Persuasiveness • Logic • Simplicity • Technical accuracy • Correct and binding authorities • Consistency across both Counsel

  12. “The pen is mightier than the sword...” Written Submissions

  13. Written Submissions • The judges rely on this for an understanding of the case • It must be correct – in law, fact and in citations • It must be honest • It must be short – 4 pages total. • It must make an argument – it must not read like an assignment

  14. “More people fear death than public speaking, so if you’re at a funeral, you’re better off in the casket than giving the eulogy.” Advocacy in the Courtroom

  15. Essential Details for the day • Have a copy of the facts, 3 copies of your written submissions and a spare copy of your working file. • Have a brief for each case you intend to rely on. • Dress in business attire. • Be on time!

  16. Appearances “May it please the court, my name is Belligerent and I appear as Senior Counsel for the Appellant/ Respondent. Appearing with me as Junior Counsel is Facetious.We will be speaking for fifteen minutes each.”

  17. Senior Counsel Structure • Very brief overview. • Signpost your team’s arguments. • Submissions in logical sequence. Use the ILAC method. • Rely on authorities or distinguish them as appropriate. • Summarise.

  18. Junior Counsel Structure • Largely the same as for Senior Counsel. • At the end, summarise the case for your team. • Be concise in your summary, but address any issues that were the subject of extensive questioning.

  19. Presentation skills • Speak slowly and clearly. Do not read. • Make as much eye-contact as possible. • Keep a conversational tone with the judges (Not informal, not lecturing) • Be responsive in adopting content of questions into your submissions. • Use your mobile phone or stopwatch to keep an eye on your time.

  20. Answering questions • The bulk of marks in a moot are earned by your ability to answer questions. • If you speak at a reasonable pace and make good eye contact, you should be able to anticipate when Judges will want to ask questions. • Listen to the Judge. Don’t interrupt them.

  21. Answering questions 2 • On receipt, take a deep breath and make sure you understand the point of the question before answering. • Answer the question up front if possible with a yes/ no answer. • If the question is particularly convoluted, re-state the question to demonstrate comprehension.

  22. The art of answering questions • Why do judges ask questions? • To allow you to demonstrate knowledge. • To test your argument. • To lead you to the right arguments. • Three approaches: • Concede immediately. Shows weakness. • Try to talk the Judge around to your point of view. • Brute-force rejection. Can be regarded as arrogant or smug. • The best approach is the middle – try to get the judge onside by accepting their point but explaining why your view is more accurate/ persuasive.

  23. Showdown Demonstration Moot

  24. Questions?

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