READING

THE MOOT
PROBLEM
LEARNING OUTCOME:
Ability to identify and analyse
material facts of the case, legal
problem and legal issues.
 • People involved in the problem.
Who will be your client?
PARTIES • Plaintiff v Defendant; Applicant
v Respondent

• Facts- cause of dispute, how

EVENTS did it happen?
• Area of law

• issues-decision of the lower

court, what are the party
CLAIMS
claiming for? grounds of
appeal.
When reading the moot
problem take note of these

DATES

TIME

PLACE

EVENT

WITNESSES

Facts or combination of
facts that gives a person
the rights to seek reliefs/
redress from the court
By identifying cause of action, you
will be able to determine that
certain facts are not relevant
because they cannot relate to the
legal issues
• Take note of the facts of the case
in the first instance
• Take note of finding of facts &
laws in the judgment of the court
below
• Concentrate on the legal
problems and issues raised
• What was the cause of action
• Who did the judge decide for
• What was the reasoning behind
it
• What is legally “wrong” with the
decision of the judgment
LAW OF CONTRACT
ELEMENTS & PRINCIPLES OF LAW OF CONTRACT

WHAT WAS BREACHED?

WHEN DID THE BREACH OCCUR?

HOW DID IT HAPPEN?

EFFECTS OF THE BREACH

RELIEFS
LAW OF TORT
ELEMENTS & PRINCIPLES: NEGLIGENCE, NUISANCE, TRESPASS

ESTABLISH THE DUTY: WHAT ARE THE FACTS THAT ESTABLISHED THE DUTY (DONOGHUE V STEVENSON, RYLAND V
FLETCHER

WHICH DUTY WAS BREACHED?

WHEN DID THE BREACH OCCUR?

AS A RESULT OF THE BREACHED, WHAT DID THE PLAINTIFF SUFFER?

THE RELIEFS SOUGHT

Understand what a material
fact is.
• A "material fact" is a fact that is
crucial to the determination of an
issue at hand. Without this
particular fact, the court's
determination of the issue would
have been different.
• Material facts can also be thought
of as those facts which a party
would use to prove his or her case.
Determine how each fact
fits in.
• To do this, look through the moot
problem and determine how each fact
affects the holding and reasoning of the
judgment.
• If a particular fact affects the holding or
reasoning, then it should be considered
material.
• If, on the other hand, a fact does not
have any bearing on the holding or
reasoning, you can safely assume it is not
a material fact.
• Which of these facts is material will also
depend on the legal issues to be
determined.

• What are the legal issues to be

determined will be suggested by the facts.