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Mooting. 24.03.


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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? What’s 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. Don’t waste time trying to prove what you don’t have to 4. Halsbury’s Laws of Australia (good secondary source) Drafting Your Written Submissions: 1. Use a template...there’s 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 Smith’s store.

Getting Your Opponents’ Submissions: 1. Double check everything they’ve 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. Don’t 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

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