How to Moot Beautifully A Simple 11 Step

How to Moot Beautifully A Simple 11 -Step Guide

1) What is Mooting? A mock court case (usually an appeal). Mooters are required to argue points of law, not establish facts. Winning on the point of law does not necessarily mean you have won the moot!

Top Tips! • Read the problem well and make sure you have understood what the legal issues are. • Argue the point of law that has been assigned to you. • Find the facts in the moot problem that are both helpful and unhelpful to your client. For more complicated problems, it may be helpful to write out a timeline of the facts.

2) Getting the Moot Problem • Make sure you know what your role is. Senior Appellant, Junior Appellant, Senior Respondent, Junior Respondent. The Senior/Junior distinction bears no reflection on your ability as a mooter. • Make sure what point of law you will be arguing.

3) Basic Research • Your course textbook is a good place to start. Use the footnotes to find out what the leading cases and articles are. • Halsbury’s Laws (on Lexis. Library - https: //www. lexisnexis. com/uk/legal/) • The practitioners’ guide (available on Westlaw http: //legalresearch. westlaw. co. uk) • Another useful tool is the precedent map on Justcite https: //www. justcite. com

4) Detailed Research • The more research you do on this area of law, the better placed you will be to tackle judicial intervention. • Use footnotes to allow your research to “snowball”. Learn to read headnotes and abstracts to avoid spending too much time on material that is irrelevant. • Use your thorough knowledge of the subject to perform a keyword search on legal databases such as Lexis. Library and Westlaw.

5) Writing your Skeleton Argument Include a short summary of your argument at the top. What is your ground of appeal or response, what are you asking the judge to do and why should the judge do it? Structure is key! A well structured skeleton argument is easier to follow, and therefore more persuasive. ALWAYS refer to the facts of the moot problem, DO NOT simply state the law.

A useful structure to use is: 1) State the law 2) Refer to the applicable facts 3) Apply the law to the facts to come to a conclusion

Top Tips! • There is some flexibilityregarding how you choose to lay out your skeleton argument. The main thing to ensure that it is concise, clear and persuasive. • Make your best point first. • Base your arguments only on the law. But DO make arguments based on policy, especially if you are in the Supreme Court.

• Be aware of precedent when making your arguments. What court are you in? What are you asking the court to do with your authorities: overturn, follow or distinguish? • Don’t submit your skeleton argument late! But don’t submit it too early either. . .

6) Bundles • First impressions count. Make sure your bundle is immaculate. • Use a ring binder. Dividers Tabs Contents page Highlighting Ensure you know where everything is so you can easily direct the judge to the relevant passage(s) .

7) Oral Submissions A) Advocacy • Use your skeleton argument as a guide and elaborate on your submissions. Do not deviate from your written submissions. • Briefly summarise your submissions before you begin your arguments. Use signposting throughout to let the judge know which part of your argument you are addressing.

• Make your best point first. This may have changed since you wrote the skeleton, so be prepared to be flexible. • Make sure you know what section of your legal authorities you are relying on, and direct the judge to that passage. Don’t paraphrase the judgments, but you can summarise what is being said once it’s been read. BUT don’t spend a great deal of time with the case if you are dealing with trite law. Be clear as to what you are using this legal authority for - how does it further your argument?

• Do not use too much authority. Cite only essential authority. Ensure judge has clear understanding of all authorities. Use common sense. • Speak slowly and clearly. You will sound more confident and therefore be more persuasive. • Try not to move around too much, as it’s distracting and can make you look nervous.

• Eye contact! • Style tips Your overriding duty is to the court - not your client You are there to assist the judge - not argue with or persuade them Do not put your case too highly - acknowledge weaknesses and remedy them Make the judge think they arrived at the conclusion themselves

B) Etiquette • The traditional speaking order is: o Senior Appellant o Senior Respondent o Junior Appellant o Junior Respondent o With usually a right of reply for the Senior Appellant.

• Start by introducing yourself to the judge, which ground of law you will be addressing and who you are acting for. If you are the Senior Appellant you should introduce the other mooters too, and be prepared to summarise the facts of the moot problem before you begin. • Don’t say “I think” or “I feel”. • Avoid colloquialisms. • 95% of the time: address the judge as “my Lord” or “my Lady”. Check https: //www. judiciary. gov. uk/you-and-the-judiciary/what-do-i-call-judge/ • Once you have finished making your submissions, ask the judge if you can be of any further assistance before you sit down.

C) The Different Roles of Appellant and Respondent Appellant Be very clear as to what the facts of the case are, who you are acting for, and which legal points you are answering. Anticipate and address any counter-arguments that might be brought up by counsel for the Respondent, referring to their skeleton argument if necessary. Respondent It is your job to respond to the arguments made by the Appellant. Make sure you listen while they give their submissions and take notes so that you can respond directly to and rebut their arguments. Be prepared to be flexible with your submissions.

8) Judicial Intervention • If the judge interrupts you to ask a question, stop talking IMMEDIATELY and wait for them to finish. Then make sure you address the judge’s question before moving on. If you have a submission that answers the question, offer to move on to that submission. Flexibility in presenting your argument is a hallmark of an advanced mooter • Pause for a moment before you answer instead of rushing straight in. • Ask the judge to repeat the question if you have not understood it.

• If you don’t have an immediate answer to the question, ask the judge for a moment to think. If you need a moment to think, ask to consult your notes - even if you do not have to, it will give you 15 seconds or so. • Don’t waffle. It is fine to answer the question with a simple yes or no, if that is all the information the judge needs. DON’T argue with the judge!

9) Even More Top Tips! Sara ● Don’t be afraid to pause. ● Don’t try to cram too much content into your submissions. ● Make sure you are completely familiar with your submissions. Know what your opening few lines will be so you can make eye contact and establish rapport with the judge. ● Watch what you're doing when you're not mooting! Olivier ● Write out a script two days before have it with you on the day, but do not use it ● Write out your first few lines in full, it will help you get in the rhythm ● Plan two minutes for every authority you cite ● Spend some time and money on your bundles (remember they are reusable)

Sara ● Keep an eye on the judge, and make sure they are following what you are saying. ● Try and anticipate what the judge might ask you, and think about what your answers will be. ● Practice in front of the mirror, or a friend (and time it). Olivier ● Run through your entire submissions at least twice ● Bring water and go pee before the round, especially if you are junior ● In later rounds: Dress conservatively. Dark blue / grey / black will do ● Avoid anything but white blouses / shirts (practitioners will hate it) ● Guys: stay away from red ties ● Wear formal shoes

10) Other Helpful Tips • Read The Devil’s Advocate , by Iain Morley (more for cross-examination tips) • Watch court cases (in person or the Supreme Court has everything on demand). • Use Google to find Practitioners’ skeletons. • Advanced tip: know a bit of civil procedure (esp. for practitioners).

11) Mooting at King’s Watch out for mooting competitions from KCLBMS coming from Joseph Lai at internal. moots. 1@kclbms. org; or from Asen Gadzhanov at vp. advocacy@kclbms. org. Alternatively, message the KCLBMS Facebook page. • Wildy's Novice Moot

Take part in internal moots this year so that you can advance to external competitions. - Jessup - Vis - Oxford IP Moot - Many many others… Consider also negotiation, debating etc.

Questions?