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An introduction to mooting. Structure of today’s session. Introduction Preparing for the moot Written submissions Oral submissions General tips The UoA Mooting Society Questions?. Introduction. Introduction. What is mooting?
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Structure of today’s session • Introduction • Preparing for the moot • Written submissions • Oral submissions • General tips • The UoA Mooting Society • Questions?
Introduction • What is mooting? • Participants, or "mooters", take part in simulated court proceedings, which usually involves the submission of written briefs and presenting oral arguments. • The problems that participants are asked to write on explore complex legal issues, usually at an appellate level. • Mooting is an invaluable skill that aids your legal research, presentation and communication abilities.
Introduction • What mooting isn’t. • Mooting isn’t about giving a speech. • A moot is not a debate. While debating may have been useful for building up your confidence to speak in public, we suggest you forget all other debating habits or it might cost you in a moot. • Mooting isn’t just about being able to speak in public • It’s not uncommon for presentation to only make up 25% of the marks, the rest of the marks will be divided between knowledge of the law, ability to respond to questions, ability to depart from prepared speech etc.
The problem • Read the problem. • Identify the obvious arguments and counterarguments. • Read the problem a couple more times. • Know all of the facts very well. Facts are often neglected but a good mooter will always have an excellent grasp of them. • Make sure you spot all of the issues. • Identify areas of uncertainty. These are where you will have to convince the judge or where she/he will probe with questions • Make sure you know who your client is i.e. which side you are representing. • Before you start, make sure you know the desired outcome of each issue (in favour of your client). • Knowing what you want the outcome to be will focus reading of case law to pick out supporting evidence for your argument as you go.
Research • Research relevant cases • Torts Moots requires you to do independent research for case law to support your argument. Relevant cases will usually be higher court decisions. • Use what you have learned in class + search legal databases • Competitions held by the Mooting Society and AULSS will provide a set list of authorities. • Read all the cases (twice). • The issues set out in the leave to appeal must be divided equally between mooters (typically one issue each). • Use other sources for ideas / to aid your understanding: • Cases from other jurisdictions • Commentary: Adams on Criminal Law, Laws of New Zealand etc. • Journal articles.
Research • Know the facts of the cases you cite. • Knowing the facts and the law inside out is key to doing well in a moot. • Some judges like to question on specific aspects of the cases you cite. • Read and be familiar with all of the cases you citeand how they relate to your case. • Have authority for propositions of law. • If you want to do well, you need to put in the hard work.
Written Submissions NOTE: You do not provide written submissions for Torts moots • Will be provided to the judges and your opposition. • So that the judge can prepare/follow your arguments. • For competitions, you will have a limited number of pages per team and a percentage of your score will be based on your written submissions • The written submissions can set the tone for your whole moot so make sure they are good. • Be concise and clear.
Written Submissions • If you are the appellant, it may pay to include a brief summary of facts. • Have 2-4 key submissions. • Think of these like the sections of your overall argument to have the issue decided in your favour. • Ensure they are well structured and easy to follow. • Identify the “cornerstones” of your submissions. • These are propositions that are non-negotiable to your case. • If you can bring the answer to a question back to one of the cornerstones of your submissions, it will be a good answer. • The “cornerstones” should be clear in your written submissions. • Properly cite supporting authorities
Oral Submissions • Your oral submissions to the court are essentially a conversation with the judge. • Be prepared to answer questions and jump around your submissions to make your argument. • Be convincing! You are telling the court why it should find in favour of your client.
Format • Appearances. • “May it please the Court, I am Miss Anyon-Peters and I appear for the Respondent with my learned junior Penn.” • Women introduce themselves as Miss or Mrs. • Refer to your opponents as your friends or your learned friends. • Address the judge as “your honour”. • Use formal language. • Don’t say “yup” or “sweet” or “okay” etc. • Advocates “submit”, they do not “think” or “suggest” or “believe”. • You don’t have to start every sentence with “counsel submits” or something similar. • Key phrases are “I submit” or “It is my submission”. Again use sparingly.
Structure • Summary at the start. • If you are the appellant, provide a brief summary of the facts – a couple of sentences is fine unless the Judge wants more. • Outline your key submissions at the start – speak slowly here and pause between them as the judge will most likely be noting them down. • Brief conclusion at the end. • Finish with: “If your honour has no further questions, that is the case for the appellant/respondent”
Substance • Practice. • Time yourself. • Have your teammate ask you questions. The number of questions asked can vary greatly depending on the judge. • Write out what you are going to say or the points you wish to make in full. • Allows you to order your argument. • Know whether you are under / on / over time. • Remember: you will need to depart from your prepared speech on the day. • Ideally when you are delivering your oral submissions you only want one or two pages outlining the key points of your arguments in front of you. • Have a separate page with the facts of all of the cases in case questioned. • Some people prefer to have the full speech in front of them, this is fine too just don’t read it word for word. • Use plain English – avoid complicated legal words. A person should be able to follow what you’re saying.
Substance Easy mistakes: • Don’t refer to a judge as Thomas J, it’s Justice Thomas. • Don’t refer to cases as R v Nelson. • The Queen and Nelson. • Always pronounce the “v” as “and”. • Everything you say should be backed up by authority. • Know your law really well. • Things judges have said in other cases / the words of the statutes.
Responding to Questions • Depends on the judge. • Some judges will only ask a couple of questions. • Other judges want to have a conversation with you. • Always answer the questions. • Do not say “Your Honour I will be covering that in my second submission” and ignore the question. Always answer the question, even if you would have covered it later. • If you have answered a question with detail from a later submission, you do not need to go over the whole submission again later. • It is fine to refer to your earlier answer and briefly cover it. • If you’ve answered the question pause for a couple of seconds and then if the judge doesn’t say anything just keep going with your submissions.
Responding to Questions • Think before you speak. • It’s okay to pause a few seconds before answering the question. • Pausing and looking through your notes makes it look like you are thinking – judges like that. • Have some water when the judge is asking their question. • Don’t say “thank you for that question”. • If it can be answered with yes/no. Start with “Yes/No your honour” and then your answer. • If you disagree with the judge be prepared to stand your ground - “Your honour, with respect…” • If you give a long answer, wrap it up at the end with one sentence directly addressing the question. E.g. “To directly answer your honour’s question, yes in some cases it may be rape even if the victim initiated it.”
Style • Wear formal clothes – like you would to a job interview. • Speak slowly and clearly – this is the first time the judge is hearing what you have to say, so they need to be able to follow. • Eye contact with the judge – a good tip is to look down at your notes when the judge looks down. • Torts submissions are 10 minutes each counsel, but competitions are usually 20 minutes per counsel – have water at hand! • Pauses are okay. • Take control of your submissions. • Don’t ask the Judges: “Would you like to hear this submission?” • Be affirmative but respectful to the Judges. At times you may have to disagree with them.
Tips • Have fun – if you get nervous pretend you’re Harvey Specter. • Know the pinpoint references. • Confidence is key – fake it till you make it. • If you want to do well, you need to put in the hard work. Preparation is key.
The University of Auckland Mooting Society • We run competitions – First Year Moot and John Haigh Memorial Moot – as well as promoting outside competitions • Written submission example and Junior Moot 2015 video on website • Stout Shield Registrars • Why should I moot? • Sign up at uoamooting.com and like our Facebook page
