Where do I Start ?:
Getting Started
Research
Preparing your argument
Writing your speech
Skeleton Arguments
How am I scored:
Scoring Law
Presentation
Etiquette
Response to Judicial Intervention
The first thing to do when preparing a moot is to read the problem. It might seem obvious but it is key to preparing a good argument. When you’ve read it through once, go back and do it again carefully, underlining anything that you think might be important. It’s also important to know which court you’re dealing with. An example moot problem will be available on the Helpful Handouts page.
Make sure that you understand the grounds of appeal, which are generally stated at the bottom of the problem. Be certain which position you are and which ground of appeal you are dealing with. The Lead Appellant and Respondent deal with the first ground of appeal whilst the Junior Appellant and Respondent deal with the second. Also make sure that you know which court you are dealing with. This can be vital when using other cases as authority for your argument.
Identify any relevant areas of law before you start your research. Don’t let it become too narrow, but equally don’t try to research the whole of the Law on Contract
when you only need to know about Misrepresentation!
Begin your research by reading the chapters in your textbook that relate to the relevant areas you have identified. Have a look through the footnotes to see what other texts may be relevant and for references to the cases that you’ll need. If you are the appellant, look for evidence that supports the ground of appeal and if you’re the respondent, look for evidence that contradicts it.
Make a note of relevant cases and be sure to have the full citation (i.e. [1987] 4 QB 22) of any case that you wish to rely on as authority. You will be allowed to cite up to three cases that you wish to use in your argument, so try to pick the ones with most authority and relevance. Try to read the whole case to make sure that it really does support what you’re saying. You may find that the quote you are trying to use is in fact from a dissenting judgment, or even that the judge changes his mind a page later. Be sure that you are quoting from the actual judgment and not from the headnote (which is simply a summary of the case) or counsel's arguments (although these can be useful for persuasive purposes and ideas for arguments).
If there is a report of a case in the Law Reports (QB, AC etc) then you must use that. Failing this, find out if it is in the Weekly Law Reports (WLR) and failing that, the All England Reports (All ER). NEVER direct a judge to an online reference unless it is the only one available. LexisNexis and Westlaw can be very handy as a starter point for your research, but you should always have a look at the printed versions of cases and be able to direct the judge to any relevant pages or quotes.
You may also wish to use a statute as authority. Make a note of the title, date and section that you wish to rely on. It is wise to read the whole of the statute to make sure you have not read one section out of context.
Academic writings such as journal articles are not legal authority and cannot be used as such, however you can use the ideas that you’ve found in an article as part of your argument. Make sure you have a note of the author in case the judge picks up on it.
Once you have done your research you can start to put together your argument. Try to make it logical and clear. Keep your points short and relevant; state your point of law and move on.
It is unwise to have more than 3 submissions, particularly when you have only 5 minutes to speak. Each one should be based on a legal principle. Once you have stated a legal principle and backed it up with a case you can progress to your own opinion – just remember that it is still a submission!
When you use a case as authority for your submission, consider the court in which it was decided. If the moot is in the House of Lords, a decision from the Court of Appeal will only serve as persuasive value, whereas if you are in the Court of Appeal, a House of Lords judgment is binding. If you find that you seem bound by a decision from a higher court, try to distinguish the facts of the moot from the facts of the decided case. When in the House of Lords remember that a decision from the Court of Appeal is not binding on them, as with any cases from a lower court. If you wish to rely on a case in this situation be sure to acknowledge to the judge that you know he is not bound by it. If you don't it will probably be something that the judge picks up on and will make you seem less prepared. By telling the judge that you 'merely wish to use it for its persuasive value' you avoid this problem and have a chance to impress the judge with your understanding of the court system and the depth of your research!
Try to keep your argument flexible. Rather than learn it by heart learn the key points. This will help you to respond to judicial intervention and ensure that you can change it around if necessary. As a respondent this is particularly important, as it means you can respond to the argument put forward by the appellant.
Once you have prepared your own argument start to consider the opposition. This will help to prepare you for judicial intervention and ensure that you have covered all the important points in your own argument.
There are a few key phrases that can be very useful when writing your speech. As the Lead Appellant you will have to introduce yourself and the rest of the mooters. As the Lead Appellant it is also a good idea to ask whether the judge is familiar with the facts of the case and to give a short summary of them if not.
“May it please your Lordship, my name is Jennifer Betterton and I am appearing before you today with my learned junior Miss Laura Evans on behalf of the appellant. My learned friends Mr James Davies and Miss Jennifer Cassidy will appear on behalf of the respondents.”
The rest of the mooters need only introduce themselves.
“May it please your Lordship, my name is Jennifer Cassidy and I am continuing the case for the respondent. I will be dealing with the second ground of appeal.”
Be careful not to tell the judge your name if he has already used it – it will sound as though you’re not paying attention to what is said.
You can find a simple 5 step guide to putting together your moot speech on the Helpful Handouts page.
A skeleton argument is a summary of the main points of your moot and includes the citations for any cases that you wish to use as authority. It is useful for a judge to see what you plan to say and to see how well you stick to the structure of your moot. If you reach the final or moot externally, you will exchange your skeleton argument with the opposition before the moot. This provides an opportunity to discover the basic outline of what they are arguing.
On the Helpful Handouts page is a ‘skeleton skeleton’. For a simple skeleton you can change the italicised sections to be relevant to your moot. As you develop your own mooting style you will also develop the way you write your skeleton argument. There is no ‘correct’ style for a skeleton, but it should be a short summary and indication of your argument.
A skeleton argument is not required for the initial rounds of the Western Circuit Competition, but can be a very useful way of picking up a few extra marks if used correctly.
In a moot you are usually awarded marks for four main areas: Law, Presentation, Etiquette and Response to Judicial Intervention. In the Western Circuit Moot (and for the Ashfords competition), you will be marked individually out of 20, a maximum of 5 marks for each area.
This is the area in which you score marks for the legal content of your argument. Ensure that it is correct, current and relevant to the problem and you will score highly. Reading your textbook is an excellent starting point and will direct you to relevant cases. If you do have a difficult point of law or it’s an area of law that you don’t know much about then don’t panic, you could have your law entirely wrong and still get 15 points from the other areas!
Try not to read your argument. You should maintain eye contact with the judge and use your notes as a reminder tool rather than a script. Try to keep the number of papers that you have to a minimum. This will help avoid shuffling them noisily and losing track of what you need. If you do have a lot of paper a folder can be useful, otherwise keep your key notes on prompt cards. The structure of your argument is very important if you want to score highly for your presentation.
A skeleton argument can be a useful reminder tool for you and a good way to show the judge that you are following the structure you set out.
Speak slowly and clearly, keeping an eye on the judge’s pen if he is making notes. Slow down if it looks as though the judge is struggling to keep up and be sure to check if he or she looks confused. When citing a case make sure that you give the full citation and if you’re quoting, draw the judge to the relevant page, paragraph and sentence if possible.
Avoid saying ‘umm’ or ‘err’. This can be very difficult, especially when you’re nervous, but is something that will improve with practice.
Etiquette is in some ways the most important aspect of mooting, creating the courtroom atmosphere and ensuring that the moot remains structured. It can take a while to get used to, but is an easy way to score points when you get it right. Refer to the judge as ‘my Lord’ or ‘your Lordship’. If it is a female judge it is ‘my Lady’ or ‘your Ladyship’. When there is more than one judge it is ‘my Lords’ and ‘your Lordships’, even when there is a female judge on the panel.
Always begin your submissions (statements of your argument) with phrases such as ‘I submit…’, ‘it is submitted…’ or ‘it is argued…’. You should never say ‘I think’, ‘I feel’, or ‘I believe’.
Ask whether the judge is familiar with the facts of any case that you are using when you first mention it. If he says no, give a short summary of the relevant facts and points of law. If he says yes then do not patronise him by giving them anyway. At the end of each submission ask for permission to move onto the next. When you have made all your submissions ask if the judge has any further questions before you sit down.
“Unless I can be of any further assistance to your Lordship, that concludes my final submission.”
NEVER interrupt the judge. He or she is likely to interrupt while you are speaking, but don’t be tempted to do the same. If you think you are about to run out of time, make sure that you ask for permission to continue. The judge will not be impressed if you simply carry on talking.
The marks that you will receive in this area will be based on how well you respond to judicial intervention. This is where you can show the judge how much you know about the relevant area of law and how well you know your argument. There is no way of knowing exactly what the judge will ask you, but the best way to prepare for judicial intervention is to think of possible counter arguments. As long as you know your argument and cases well you will be able to answer the judge. You can always take a moment to work out how you wish to respond, or ask to have the question repeated.
“My Lord may I take a moment to consider that matter?”
Don’t be afraid of disagreeing with the judge, but remember to be polite at all times.
“With the greatest respect my Lord, I can see the force of that argument, but my respectful submission is….”
Don’t panic if you don’t know how to respond to a question – remember that the judge probably has a lot more legal knowledge and experience than you and it’s perfectly acceptable to tell them you are “much obliged” and return to your argument.
| Page Last Updated: | 06/11/2007 |