1. Mooting Workshop 19th of July 2017
Shane Finch
Championship officer – SCULA E:

2. What is a Moot? Fictitious case / mock appeal Moot vs. Trial
Students appear as barristers and solicitors
Two teams pitting against each other (applicant/appellant vs. respondent)
Teams: oralists (barristers) and research assistants (solicitors)
Presentation of legal arguments (written and oral submissions)
Layout of a Moot Court

3. Why Moot? Advocacy skills
Key employability skills (incl. research and presentation skills)
Networking
Improving your CV
Travel!

4. Internal and external mooting
Internal Mooting
External Mooting:
intervarsity mooting
regional, national or international competitions
Entry requirements

5. Seating Judge (bench) Appellant Junior senior Respondant Junior senior
Lecturn

6. Process
1. You get a partner, scula or me, 2. You will get a question, 3. Read it thoroughly, 4. Divide the grounds of appeal between you, 5. Research mode engage, 6. Develop arguments into a written submission, 7. Appearances for appellant then respondant, 8. Appellant senior will present argument followed by the junior, 9. The respondent team will then do the same. 10. The judge will usually ask questions and at the conclusion can provide feedback or a winner.

7. Research Knowing your facts Knowing your causes of action
Knowing your legislation and cases
Legal search engines:
CaseBase (LexisNexis)
FirstPoint (Legal Online)
The Laws of Australia
Westlaw Au
Austlii
International cases

8. Written submission What is a written submission?
Different moots, different rules (always make sure that you know what you are expected to do!)
Outline for the oral argument
Submitted a week before the moot then dispersed to opposing teams

9. Appearances
Practical. May it please the court. I am ______ I appear today with my learned junior _______ on behalf of my client Donald Trump. I will be presenting the first ground of appeal and my learned junior will be presenting the second and third ground.

10. Oral submissions What is its purpose? To read out or not?
assisting the court to decide the law correctly in relations to the facts
skill of advocacy
To read out or not?
Outlining the argument and who deals with which issue
The way you speak makes a difference
Maintain eye contact with the judge / judging panel

11. Courtroom etiquette
May it please the Court [not: Ladies and Gentlemen]
Your Honour [not: Sir, Madam, You]
My learned junior / co-counsel [not: my colleague; John]
My learned friend [not: my opponent / the opposition; Kate]
Recommended
To be avoided
I/we submit
I think
I contend
In my opinion
In my submission
I feel
It is submitted
It is my opinion that
It is contented / It is my contention
In my view
Our argument is
I/we could argue
The way we put it is
I would say
I withdraw that …
Sorry, can I take it back…
I invite your Honour to hold (or to find)…
My client is innocent!

12. Persuasion and Preparation
Keeping it on the point and short:
‘As God is my Judge, I do not owe this tax’
‘He is not; I am; you do’ [Judge Murdoch]

13. Rules

14. Questions?

15. The Ultimate Question…
‘to moot or not to moot, that is the question.’ Shakespeare J.

16. Webpage