ORAL SUBMISSIONS HOW TO MOOT 1 Structure of

ORAL SUBMISSIONS HOW TO MOOT 1. Structure of Oral Submissions 2. Skills for Oral Presentation 3. Answering Questions from the Bench by Mdm. Siti Aliza Alias © Siti Aliza Alias 2016

WHAT IS A MOOT? MOOTS ARE LEGAL PROBLEMS IN THE FORM OF IMAGINARY CASES, WHICH ARE ARGUED BY TWO STUDENTS ON EACH SIDE, WITH A BENCH OF THREE JUDGES (SOMETIMES ONE). © Siti Aliza Alias 2016

Nature of a Moot n The Moot Problem n Preparation: Research; coming up with a case; preparing bundle of authorities n Proceedings confined to a reasonable length (usually 45 mins. for each side – Appellant & Respondent) n Speaking turn: Senior/Leading Counsel for Appellant Junior Counsel for Appellant Senior/Leading Counsel for Respondent Junior Counsel for Respondent Rebuttals by Appellant Sur-rebuttals by Respondent 1) 2) 3) 4) 5) 6) © Siti Aliza Alias 2016

Structure of Oral Submission n n Addressing the Judge – Yang Arif / My Lord, Your Lordship, My Lady, Your Ladyship Referring to your colleague/opponent – MY LEARNED CO-COUNSEL/ MY LEARNED FRIEND Mr. @Ms. __ / LEARNED COUNSEL FOR THE OTHER SIDE © Siti Aliza Alias 2016

Structure of Oral Submission n n 1) Opening Speech – greeting/introduce parties e. g “May it please this Honourable Court, my name is Siti Aliza binti Alias, appearing on behalf of the Appellant, and together with me is my learned co-counsel Ms. Melati Abdul Hamid. Representing the Respondent are Ms. Sarah Khalilah and Mr. Syed Naqib” (greeting/introduce parties) - opening statement (nature of the case, etc) - Inquire if the Court wants to be briefed on the summary of facts (“Before I begin proper, would YA like to listen to a brief summary of the facts? ”) - introduce issues & case division + time allocation (provide road-map) © Siti Aliza Alias 2016

Structure of Oral Submission * Before you go into your submissions, ask permission from the Court: “Unless there any preliminary/other questions from the Bench, MAY I BEGIN MY SUBMISSIONS PROPER? ” 2) Dealing with your points: - proposition of law - authorities in support How to refer to your BOA” “May I refer YA to the case of (case name and citation) tagged as (C 1) in the App/Resp’s BOA at p. _ at the highlighted portion. May I quote YA? ” - relate to the factual problem - sum up the point - go to the next point (signpost) © Siti Aliza Alias 2016

Structure of Oral Submission 3) Closing remarks – sum up in an impressive way that will leave a lingering impression - DO NOT FORGET TO STATE YOUR PRAYER FOR RELIEF - How to end your submissions? “ Unless I’m of any further assistance to the Court, that concludes my submissions. ” OR “If I’m of no further assistance to the Court, that concludes my submissions. ” Other matters n Counsel rise to their feet when addressing or being addressed by the Court n Communicating at the counsel table? n Time © Siti Aliza Alias 2016

PROPER COURT LANGUAGE: YES… / OK / ALRIGHT - INDEED n THANK YOU… - MUCH OBLIGED n OOOPS, SORRY… - I CORRECT MYSELF n THANK YOU FOR CORRECTING ME, JUDGE… - I STAND CORRECTED n I BELIEVE… - WE/I SUBMIT n I’M NOT SURE ABOUT - I HAVE NOT RECEIVED THAT(FOR IRRELEVANT ANY INSTRUCTION FROM QUESTION) MY CLIENT ON THAT n HEY, THAT’S A - THE FACT OF THE CASE IS PRESUMPTION SILENT ON THAT n © Siti Aliza Alias 2016

PROPER COURT LANGUAGE: n Asking permission – Begging the court’s indulgence - If it pleases the Court n I would like to say that - I will be submitting… - It is our position that… n I would like to emphasize – Please allow me to reiterate the Appellant’s position n I do not agree with you - I humbly beg to differ on that point n The Respondent was wrong that…. - The Respondent erred in saying © Siti Aliza Alias 2016

BASIC SKILLS & TECHNIQUES n Mooting is about the art of PERSUASION. Your task is to PERSUADE the court of the merits of your case. n The role of a mooter is to ASSIST THE COURT, not simply to present your case. n The MOST important aspect of a mooter is PREPARATION. n To be an EFFECTIVE mooter, you need: STYLE SUBSTANCE 1. 2. © Siti Aliza Alias 2016

BASIC SKILLS & TECHNIQUES n STYLE: 1. Have a conversation with the judges – communicate with them. 2. Maintain eye contact – DO NOT READ FROM YOUR TEXT, do not memorize. 3. Be ARTICULATE, fluent and have clear enunciation(diction) – speak clearly and confidently. 4. Make your self LIKEABLE – build rapport with judges, speak pleasantly, appear assisting and SMILE. 5. Voice projection - Don’t shout, don’t mumble. Speak up, but speak naturally. But speak with deliberation and force. © Siti Aliza Alias 2016

BASIC SKILLS & TECHNIQUES 6. Do not be MONOTONOUS – put expression into your voice, very your intonation. Vary the tempo and the volume of your voice where appropriate. 7. Minimize hand gestures – only use occasional gestures to emphasize particularly important points. 8. Be FIRM – appear to really believe in your case 9. Have a commanding presence – posture, body language, minimize nervous gestures and oral ticks. 10. Be open and receptive to questions from the bench – instead of panicking when a question is posed, REJOICE in it. © Siti Aliza Alias 2016

BASIC SKILLS & TECHNIQUES n SUBSTANCE: 1. Know your case INSIDE OUT – demonstrate a thorough command understanding of all aspects of the case ie law and underlying principle, facts & policy. 2. Demonstrate ability to deal effectively with the court’s concerns – address the judges’ concerns; understand answer the questions well ie be very sharp. AGAIN, THESE COME WITH THOROUGH PREPARATION!! © Siti Aliza Alias 2016

Answering Questions from the Bench n n n n Stop when the judge starts speaking Do not interrupt judges when they are speaking If you don’t understand the question, say so and clarify Think before you answer. If you need to take a pause and think, ask for it Answer questions directly and don’t beat around the bush Respond fully and directly as possible and don’t beat around the bush Use authorities to support your answer where possible © Siti Aliza Alias 2016

Answering Questions from the Bench n Appear to be sincerely assisting n Mark strategic areas in your case n Signposting n Some humour or wit is often appreciated n READ THE JUDGES AND TRY TO KNOW THEM – tackle different judges differently (aggressive, experienced, quiet) © Siti Aliza Alias 2016

Answering Questions from the Bench n n After answering question, return to your submission by saying: “ Bringing Yang Arif back to the issue of…” “ Coming back to my submission…” “ Returning the court to my submission…” If the Judge asks you a question that relates to your next submission: “ Yang Arif, answering this question would lead me to my next submission, that is…” © Siti Aliza Alias 2016

HOW TO BE A CONFIDENT SPEAKER n Confidence is reflected through: 1. Eye contact with judges 2. Body language 3. Voice projection n BE YOURSELF n PREPARE WELL n BELIEVE IN YOURSELF n BELIEVE IN YOUR CASE n CONSIDER YOURSELF AS AN ASSISTANT TO THE COURT n BE CALM © Siti Aliza Alias 2016