AN INTRODUCTION TO MOOTING

WHAT IS MOOTING?

• Mock court proceedings where you are asked to present legal arguments on a hypothetical set of facts and answer questions by the judge(s).
• A moot usually consists of four counsel; one senior and one junior counsel for each side but sometimes you may be asked to lead on your own i.e. speed mooting competitions.
• NOT about which side is correct on the law. You win a moot by being the person/team with the best advocacy skills. This includes the quality of your written and oral arguments and your legal research.
• The aim is to be the most persuasive and succinct!

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WHY IS MOOTING IMPORTANT?

• Mooting is a valuable opportunity to try your hand at advocacy. If you enjoy it, then it could be a career option for you to consider. If you are an aspiring barrister, then it is a must on your applications.
• Improve written skills – How to think and write persuasively, structure of legal arguments i.e., focusing on your best points and correctly citing authorities.
• Improve public speaking/advocacy skills – How to present your arguments clearly and concisely, be flexible and think on your feet, pausing/parking, and techniques to avoid nervous habits.
• Improve legal research skills – How to read around an area of law and find cases that not only support your arguments but also those that may be unfavorable.

4 STEPS TO PREPARE FOR A MOOT

1. Read the Problem
2. Conduct Legal Research
3. Prepare a Skeleton Argument
4. Prepare a Bundle

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1. READ THE PROBLEM

• Know which side you are arguing for – A moot USUALLY involves acting on behalf of the Appellant or Respondent. If you are for the Appellant, you are asking the court to reverse the decision of a lower court. If you are for the Respondent, you are asking the court to uphold the decision of a lower court.
• Understand the question – Focus on what you are trying to persuade the Court to do i.e if you are prosecuting, your aim is to persuade the Court that the Defendant cannot rely on pre-emptive self-defence and that he also failed to retreat in the situation.
• If you are given any extra material, such as a a case summary or witness statements, then read through them and highlight anything that either supports or undermines your aim.

2. CONDUCT LEGAL RESEARCH

• There will often be cases cited within the problem question – these are typically the leading cases within that area of law. Read those cases and understand what the principle or rule of law is that must be applied i.e Lord Griffith in R v Beckford (1988) 1 AC 130 – “A man about to be attacked does not have to wait for his assailant to strike the first blow or fire the first shot; circumstances may justify a pre-emptive strike.”
• Research around the area of law. Find cases that support your arguments but also those that are unfavourable. You will need to be able to argue that either the case (and decision) can be applied because it is relevant to the facts OR that the case should be distinguished because the rule should not apply in this instance.
• Remember that you can also argue on public policy, particularly if you in the House of Lords or Supreme Court, you have the freedom to argue that there should be development or change in the law.

3. PREPARE YOUR SKELETON ARGUMENT

• A skeleton argument is a written document that outlines the question or point of law you have been asked to consider, summarises the main arguments you seek to make and the authorities which will be relied upon.

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• DO NOT WRITE OUT YOUR WHOLE ARGUMENT. A skeleton argument is just that – the bare bones. You need to be able to condense detailed points into a clear, logical and succinct argument. The Judge also needs to be able to follow the document and each argument with ease, so don’t over complicate it.

1. Introduction – A brief overview of the decision you are seeking from the Court.
2. Issues – Summarise the issues in dispute which need to be decided. Remember to use headings and sub-headings to improve the structure and clarity of your arguments. They will also help you to ‘signpost’ the Judge to the relevant part of your skeleton argument and help you keep on track during judicial intervention.
3. Facts – Present the key facts which support your case, don’t rehearse all of it. Include cross-references to witness statements (if applicable).
4. Law – Identify the most important case authorities which support your argument. Include short, essential quotes from the case if they are helpful or cross-reference to a page/paragraph number if you have provided the authority in a separate bundle. If a case goes against your argument, still include it and outline how you intend to address it.
5. Submissions – Another word for legal argument. Each submission should be to the point. Tell the Court how the law applies to the facts of your case, then deal with those of the other side.
6. Conclusion – Remind the Court what you are asking for.

4. PREPARE YOUR BUNDLE

• You have not been asked to prepare a bundle for the purposes of today, however this is a standard part of preparation for a mooting competition.
• Your bundle will be provided to the Judge so it must contain a copy of your skeleton argument and all authorities you intend to rely on. You should have an identical copy for use during the moot.
• It is helpful to number the pages, use page dividers and to highlight quotes from the authorities you rely on so that you can quickly refer the Judge to the relevant part.

HOW TO MOOT

1. Etiquette
2. Introductions
3. Submissions
4. Citing Authorities
5. Judicial Intervention
6. General Presentation

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Etiquette

• Always stand and nod when the Judge/Bench enter and leave the courtroom. Also stand when you are speaking.
• Address the Judge/Bench correctly – Supreme Court/Court of Appeal/High Court – “My Lord(s)” or “My Lady(ies)”. If a mixed bench of male and female then use “My Lords”, unless you are addressing a female member individually. Circuit Judge (Crown Court) – “Your Honour”.
• Address your opposition correctly – “My learned friend”.
• Always say “I submit”, not “I think” or “I believe” – the Court does not want to know your opinion.
• Never interrupt the Judge when they are speaking or stand up to rebut your oppositions point - it’s not like the American legal dramas with a dramatic “I OBJECT!”

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Introductions

• Typically, the order is for the Appellant/Prosecution to go first and then for the Respondent/Defence to go second so that the arguments and counter-arguments regarding each submission are heard in sequence.
• Each mooting competition has their own rules, but you are normally time-limited to no more than 15 minutes. This includes any questions from the Judge/Bench, so make sure you factor this in when planning how long to spend on each of your submissions.
• The Judge will invite the Appellant/Prosecution to speak. You should introduce everybody, for example “If it may please Your Honour, I am XX and I appear for the prosecution. My learned friend is XX who appears for the defence.” You should then offer to provide the Judge will a summary of the facts.

Submissions

• Remember it is not an essay. Don’t go through each point and then end with a dramatic conclusion. Each submission is a proposition that you support either by authority, intention of Parliament, public policy or common sense.
• Tell the Court what you seek to persuade them to do and then get on with persuading them. Don’t overload with lengthy submissions - you will not gain more points simply by referring to 10 submissions if 9 of them are weak.
• End your submissions by saying, “Unless I can provide any further assistance Your Honour, that concludes my submissions.”

Citing Authorities

• Case names should be read out in full i.e the ”v” should be read as “and”. The ”R” in criminal cases stands for Rex but should be read as “The Crown”.
• The citation should be read out in words i.e R v Beckford (1988) 1 AC 130 is read as “ the case of The Crown and Beckford, as reported in the first volume of the Appeal Cases for 1988 at Page 130.
• If you are quoting from a case, you should direct the Judge to the appropriate place in the bundle. Out of courtesy ask them if they want a summary of the facts of that case. Remember which Judge you are directly quoting from.

Judicial Intervention

• Mooting always involves questions from the Judge/Bench as it is an important part of learning how to think on your feet and show that you can respond to intervention without it throwing you off.
• Answer the question that has been asked, don’t go off on a tangent. If you do not know the answer, it is better to say so than to make something up. The Judge/Bench will be more than happy for you to take a few minutes to read your notes and produce a strong response than to waste time rambling.
• Do not interrupt the Judge or be discourteous. If you feel that your argument has no merit, politely ask to move on to your next one.

General Presentation

• DO BULLET POINT – You do not need to learn your submissions but try not to read from a script. You need to maintain eye contact with the Judge and be flexible when answering questions which can be difficult if you have rehearsed your lines.
• DO SLOW DOWN - Often if you are nervous, you will speak too quickly but the Judge and your opposition needs to be able to follow the arguments you are making.
• DO PAUSE – You are encouraged to pause and think about your next point or response to a question. Do not be afraid to say, “Your Honour may I take a moment to consider that point.”
• DON’T PARK – If you have been asked a question, don’t park the response for later and come back to it. Address it there and then.
• DON’T FIDGET – Nervous habits, such as speaking with your hands, can distract the Judge from what you are saying. Try placing them behind your back.

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Examples of Bad Advocacy

Credit to BPP Law School

Example of Good Advocacy

Credit to BPP Law School

Conclusion / Q&A

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• At the end of the moot, judgment will be given on the law and on the mooting. Remember that even if you have a hopeless case, you may still win the moot overall for having the most persuasive arguments.
• This is only guidance - the best thing to do is give it a go and receive feedback to improve on for next time.

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• Any questions?