Mooting. 24.03.

11

1. 2. 3.

Have real case law in cases 2 teams of 2 members each (Appellant vs. Respondent) 40 minutes of oral argument per side (20 min per speaker)

Preparation: 1. Have 48 hours preparation 2. Highlight key facts and conclusions that the judge has reached at first instance 3. What does your client want? Whats the remedy? Can the court offer it? Researching the Problem: 1. Start with secondary sources (i.e. the textbook) 2. Start by finding out what each side is going to need to prove and whether there are any defences 3. Then find out what elements will be in contention. Dont waste time trying to prove what you dont have to 4. Halsburys Laws of Australia (good secondary source) Drafting Your Written Submissions: 1. Use a template...theres usually one available on the LawSoc Website or ask a senior student for one of theirs. DO NOT COPY THEIR SUBSTANTIVE LAW 2. Clarity is essential. Simplicity + be Succinct 3. Formatting: Best to use sequential paragraph numbering; but also could use subheadings a. e.g. 1;1.1;1.1.1 4. How much authority? (i.e. how many cases do you need) a. The more doubtful or contentious a point is, the more cases you need to back it up General Structure of Written Submissions: General Point Proposition/Point of Law Authority for that Point APPLICATION OF THE PROPOSITION TO THE FACTS OF THIS CASE Apply the facts of this case to the case being debated RELEVANCE IS WHERE THE DEBATE IS

The Respondent owes the Appellant a duty of care Shopkeepers owe a duty of care to customers Shopkeeper vs. Person Mrs Smit was a customer in Mr Smiths store.

Getting Your Opponents Submissions: 1. Double check everything theyve written. Is it still good law? Is it from a foreign jurisdiction? Has the judge been quoted out of context? 2. Make a list of the points you will need to address and start figuring out some rebuttal Preparing Your Oral Submissions: 1. Figure out which teammate will be taking which arguments. In trots moot, the split is often Senior Counsel: Duty/Breach; Junior Counsel: Causation/Damages 2. Dont just verbally repeat your written submissions. Think about where you will expand. Include relevant quotes from judgements 3. Write out every submission point on a separate piece of paper. That will allow you to move around your submissions better. 4. The less writing, the better. More eye contact and more flexibility

Preparing for the Moot itself: 1. Time your submissions. Read them slowly. Anticipate at least 5 minutes of Q&A from the bench 2. Figure out what submissions can be shorten or dispensed with altogether if youre running short of time 3. Get your teammate to ask you questions to practise your responses 4. Make a casebook an alphabetical listing of all the cases you plan on referring to, including the citation, court and basic facts/ratio During the Moot: 1. Keep calm 2. Dress appropriately (suits, corporate wear) 3. Avoid whispering to your partner. Pass notes if you must. 4. Signpost frequently! Tell the judge what youre going to be covering. Signpost every time you move to a new issue 5. Use your written submissions as a reference to help everyone understand where youre going. Directing Your Oral Submissions: 1. This is your case. You are in charge. You will tell the judge what they need to know. Do not ask the judge what they want to hear 2. Dont ask the judge Does that answer your question 3. If the judge wants you to move to another issue, move to that issue. If you need to come back to the point youre currently on, you can do that after. 4. Give clear + concise answers to avoid being bogged down (In the interests of time) Answering Questions from the Bench: 1. Youll get different types of questions: a. Questions on the substantive law b. Questions on procedural law / mooting c. Questions to get you to elaborate or clarity your arguments d. Questions to get you to respond to the other partys material e. Questions about cases that youve cited 2. Dont get frustrated and stay calm! But what if you dont know the answer? 1. Refer to your written notes in answering a question if you need to 2. If you dont understand the question, ask the judge to clarify or rephrase 3. If you still dont ask, you can ask to confer with co -counsel 4. If they dont know, just say Im sorry, Im not able to assist the court in that point