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A Simple 11-Step Guide
1) What is Mooting?
Winning on the point of law does not necessarily mean you have won the moot!
Top Tips!
• Read the problem well and make sure you have understood what the
legal issues are.
• Find the facts in the moot problem that are both helpful and unhelpful to
your client.
For more complicated problems, it may be helpful to write out a timeline of the facts.
2) Getting the Moot Problem
• Make sure you know what your role is.
Use the footnotes to find out what the leading cases and articles are.
Learn to read headnotes and abstracts to avoid spending too much time on material that is
irrelevant.
What is your ground of appeal or response, what are you asking the judge to do and why
should the judge do it?
Structure is key!
A well structured skeleton argument is easier to follow, and therefore more persuasive.
ALWAYS refer to the facts of the moot problem, DO NOT simply state the law.
A useful structure to use is:
But DO make arguments based on policy, especially if you are in the Supreme Court.
• Be aware of precedent when making your arguments.
What are you asking the court to do with your authorities: overturn, follow or distinguish?
Dividers
Tabs
Contents page
Highlighting
Ensure you know where everything is so you can easily direct the judge to the relevant
passage(s)
7) Oral Submissions
A) Advocacy
Use signposting throughout to let the judge know which part of your argument you are
addressing.
• Make your best point first.
This may have changed since you wrote the skeleton, so be prepared to be flexible.
• Make sure you know what section of your legal authorities you are relying
on, and direct the judge to that passage.
Don’t paraphrase the judgments, but you can summarise what is being said once it’s been
read.
BUT don’t spend a great deal of time with the case if you are dealing with trite law.
Be clear as to what you are using this legal authority for - how does it further your
argument?
• Do not use too much authority.
• Speak slowly and clearly. You will sound more confident and therefore be
more persuasive.
• Try not to move around too much, as it’s distracting and can make you
look nervous.
• Eye contact!
• Style tips
You are there to assist the judge - not argue with or persuade them
Do not put your case too highly - acknowledge weaknesses and remedy them
o Senior Respondent
o Junior Appellant
o Junior Respondent
If you are the Senior Appellant you should introduce the other mooters too, and be
prepared to summarise the facts of the moot problem before you begin.
• Avoid colloquialisms.
• 95% of the time: address the judge as “my Lord” or “my Lady”.
Check https://www.judiciary.gov.uk/you-and-the-judiciary/what-do-i-call-judge/
• Once you have finished making your submissions, ask the judge if you
can be of any further assistance before you sit down.
C) The Different Roles of Appellant and Respondent
Appellant
Be very clear as to what the facts of the case are, who you are acting for, and which legal
points you are answering.
Anticipate and address any counter-arguments that might be brought up by counsel for the
Respondent, referring to their skeleton argument if necessary.
Respondent
It is your job to respond to the arguments made by the Appellant. Make sure you listen
while they give their submissions and take notes so that you can respond directly to and
rebut their arguments. Be prepared to be flexible with your submissions.
8) Judicial Intervention
• If the judge interrupts you to ask a question, stop talking IMMEDIATELY
and wait for them to finish. Then make sure you address the judge’s
question before moving on.
If you have a submission that answers the question, offer to move on to that submission.
• Pause for a moment before you answer instead of rushing straight in.
• Ask the judge to repeat the question if you have not understood it.
• If you don’t have an immediate answer to the question, ask the judge for
a moment to think.
If you need a moment to think, ask to consult your notes - even if you do not have to, it will
give you 15 seconds or so.
• Don’t waffle.
It is fine to answer the question with a simple yes or no, if that is all the information the
judge needs.
● Keep an eye on the judge, and make ● Run through your entire submissions
sure they are following what you are at least twice
saying.
● Bring water and go pee before the
● Try and anticipate what the judge round, especially if you are junior
might ask you, and think about what
your answers will be. ● In later rounds: Dress conservatively.
Dark blue / grey / black will do
● Practice in front of the mirror, or a
friend (and time it). ● Avoid anything but white blouses /
shirts (practitioners will hate it)
• Watch court cases (in person or the Supreme Court has everything on
demand).
- Jessup
- Vis
- Oxford IP Moot