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A Guide To Mooting: President/Mistress of Moots
A Guide To Mooting: President/Mistress of Moots
Enjoy!
Helen Dennis
President/Mistress of Moots
STRUCTURE
Mooting is done with two teams of two people competing, one person from
each team taking a leading/senior role and the other being the junior. There
will also be a judge and someone timing you.
Usually a mooting competition would require you to research the area of law
in question and bring a prepared case to the competition. However, for the
purpose of the workshops here at DMS we will be practising the art of mooting
using speed moots. This means that we (the exec) will provide you with an
outline of your arguments/submissions, allowing you simply to attend and
moot straight away without having to do any preparation.
However, the nature of speed mooting means we will be shortening the length
of speeches to 8 minutes each for leading counsel and 5 minutes each for
junior counsel.
THE LINGO
Submission – your arguments (each counsel usually makes two – one legal
and one based on public policy grounds)
Ground of appeal – basic legal point you are arguing (you usually have two
of these per side)
ETIQUETTE
Mooting isn’t like debating. You must always be polite and respectful to both
the judge and the other participants, much like an actual trial in court.
When the judge walks in at the beginning of the moot, participants all stand
and bow as he/she comes in, sitting only after him/her. The same is done in
reverse as the judge leaves.
You must always refer to the judge as My Lord/Lady (instead of their name)
and Your Lord/Ladyship (instead of ‘you’). Also ensure you cite cases fully.
If you disagree at any time, you must say that you ‘respectfully submit….’.
Also, try to avoid speaking in the first person. Either say ‘we submit…’ or ‘it is
submitted…’
You can be much more emotive when explaining your policy argument. It is
good to say things like: “we implore Your Lordship not to allow such an
injustice to be done”
Leading Appellant:
My Lord, there are two grounds of appeal in the instant case. I will deal with
the first and … will deal with the second. They are ….
Would Your Lordship find a brief summary of the facts of the instant case
helpful?
If Your Lordship has no further questions on the facts of the case, I shall
proceed to my submissions.
My Lord, it is for these reasons and also those given by my junior counsel that
I urge you to allow the appeal. If Your Lordship has no further questions, that
concludes my submissions.
Junior Appellant:
My Lord, as has already been stated, my name is…. And I appear as junior
counsel for the appellant.
My Lord, it is for these reasons and also those given by my senior counsel
that I would urge you to allow the appeal. If Your Lordship has no further
questions, that concludes the case for the appellant.
Leading Respondent:
My Lord, as has already been stated, my name is…. And I appear as senior
counsel for the respondent. My learned friend Mr/Miss… will be junior council
for the respondent.
My Lord, it is for these reasons and also those given by my junior counsel that
I urge you to disallow the appeal. If Your Lordship has no further questions,
that concludes my submissions.
Junior Respondent:
My Lord, as has already been stated, my name is…. And I appear as junior
counsel for the respondent.
My Lord, it is for these reasons and also those given by my senior counsel
that I would urge you not to allow the appeal. If Your Lordship has no further
questions, that concludes the case for the respondent.
INTERRUPTIONS
I would thank Your Lordship for having raised that point and if Your Lordship
will permit me, I shall endeavour to answer it by moving on to my second
submission on public policy.
My Lord, may I have a moment to consult my notes? (If you are not sure of
the answer)
If you really have no idea how to answer a question just apologise and admit
it. Don’t let this throw you though. Take a breath and continue as before.
The judge will usually only keep pushing the issue if he/she thinks they can
talk you round to the answer.
FURTHER INFORMATION
You will find a helpful chapter on mooting in your Legal Skills book too:
Emily Finch and Stefan Fafinski Legal Skills (Oxford: Oxford University Press,
2007)
And finally…
please don’t hesitate to ask questions to any of the exec, either at workshops
or via email (mooting.society@durham.ac.uk).
Happy Mooting!