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Welcome to the Workshop!. Mistress’ of the Moot!

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Presentation on theme: "Welcome to the Workshop!. Mistress’ of the Moot!"— Presentation transcript:

1 Welcome to the Workshop!

2 Mistress’ of the Moot!

3 Mooting!

4 Mooting

5  The simplest way of describing mooting is that it is a 'mock trial’.  That involves two teams of two students who appear for opposite sides of the argument.  Facts of the legal case will be given in advance with time to research and prepare allowed so a legal argument can be constructed.  Students will then present their argument before a judge (normally a member of staff) and will be judged on the quality of their response.

6  Appellant – You will be appealing a decision that has already been made.  Respondent – You will be trying to ensure the decision is not overturned.  The moot winner is determined by the law and the quality of the moot. So you could lose on the law but still win the moot!

7  Each pair when they moot will have a lead and a junior. (This is decided by the pair themselves)  Each will have different points that they will bring to the table.  The Lead will speak for 10 minutes  The Junior will speak for 8 minutes  The Lead appellant (only) will then be given a right of reply for 5 minutes.  ALWAYS STAND WHEN TALKING

8  If it pleases your lordship (ladyship), I am Victoria McKenzie and I appear for Mr Harper, as appellant in this action. My learned junior is Samantha Gould. My learned friends for the respondent are Sophie Lake and Amber Lewis, who appear for the respondent Mr Palmer. Would your lordship appreciate a brief summary of the facts of the case before the court today?

9  May it please your lordship, I am Samantha Gould and I continue the case for the appellant/respondent. JUNIORS  My lord, as my learned friend has already indicated, I am Sophie Lake and I appear for the respondent Mr Palmer. My learned junior is Amber Lewis. If it pleases your lordship, I will commence the case for the respondent.  This may seem daunting – but remember it can go on a cue card, and once mooting has begun it becomes almost second nature.

10  A skeleton is a brief outline of your main argument. This is done in sections i.e. Lead/Junior. You must cite your authorities (cases/statutes etc.) at the end.  Do not use more than 4-6 authorities for your case. You want to make your case clear and concise.  You may not use cases that you haven’t cited in your skeleton. Although you may reference to your opponents - so it is key to read your opponents skeleton before mooting in preparation for counter argument.  This is normally exchanged between yourself and your opponents 48 hours before the moot.  At the end we will show you an example of a Skeleton.

11  Simply a collection of cases and authorities that you will be relying on.  For internal competition the head note of the case and the part you will be quoting from will suffice.  You will need to direct the judge to the correct page in your bundle when you mention a new case. Page numbers/dividers are useful.  There is a example bundle being circulated.

12  When introducing cases, you should give the name in full; that is the “v” is read as “and”, “R” is “The Crown” and the citation read out in words.  Therefore, Pepper v Hart [1993] 3 WLR 1032 would be “The case of Pepper and Hart, found in the third volume of the Weekly Law Reports for 1993 at page 1032.

13  You have to know your argument – but it does not have to be verbatim, cue cards are acceptable.  Also cue cards are useful as sometimes during a moot the judge may question you on a point. DONT PANIC WHEN THIS HAPPENS.  If you need time say!  And you can confer with your partner!  BUT ANSWER THE Q WHEN ASKED EVEN IF YOU ARE GOING TO COVER IT LATER.

14 SMART!

15  Westlaw  Lexis Nexis Butterworths  Law Library  DO NOT CITE YOUR LEGAL TEXTBOOKS or LECTURE NOTES.

16  You will receive your problem via READ IT!  Make sure you know what side you are arguing and pick out the main points of your argument.  Always read the case that is mentioned in the problem and use it to enhance your argument or discredit your opponents.  You need evidence to support these points e.g. Case judgements/statutes etc.  Then confer with partner – and split workload lead and junior.  Then prepare skeleton and send to opposition 48 hours before moot date.  Then prepare speech and bundle.  Then MOOT!!!

17  Mooting is FUN!  Looks great on your CV  Great way to make new friends  Help you with your studies  Provide the opportunity to compete in external competitions  Helps develop public speaking skills, research skills, presentation and communication skills  Mooting can benefit every student whether or not they plan to follow a traditional legal career path upon graduation.

18 You must be a member to compete in mooting.

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