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Law

Mooting

Mooting is a simulated court proceeding where law students act as barristers or advocates, presenting legal arguments before a panel of judges. Participants are assigned a fictional legal problem, known as a moot problem, which typically involves a complex legal issue or point of law that is up for debate. It's a mock appeal, not a trial, meaning you'll be arguing points of law based on established facts, not determining guilt or liability.

Each team is usually composed of two students, one representing the appellant (the party appealing a lower court's decision) and the other representing the respondent (the party defending the lower court's decision). Teams prepare written submissions, known as skeleton arguments, outlining their legal arguments and supporting authorities. They then present their arguments orally in front of the judges, who question them on their legal reasoning and challenge their positions.

Moots are designed to replicate the format and procedures of real court hearings, giving you a taste of what it's like to practice law in a courtroom setting. They offer a unique opportunity to develop essential legal skills, such as legal research, analysis, argumentation, public speaking, and responding to judicial questioning. Mooting also helps you deepen their understanding of legal principles and gain practical experience in a supportive and educational environment.

Why Get Involved in Mooting?

  • Develop Essential Skills: Mooting hones skills crucial for legal practice, such as legal research, analysis, argument construction, public speaking, and responding to questions under pressure.
  • Enhance Legal Knowledge: You'll delve deeper into specific areas of law, expanding your understanding beyond textbooks and lectures.
  • Gain Practical Experience: Mooting simulates real-world legal practice, giving you a taste of what it's like to argue a case in court.
  • Build Confidence and Professionalism: Presenting arguments in a formal setting helps build confidence, improve public speaking, and develop professional demeanor.
  • Networking Opportunities: Mooting often involves interacting with legal professionals, judges, and fellow students, providing valuable networking opportunities.
  • Personal Growth and Enjoyment: Mooting can be intellectually stimulating and enjoyable, allowing you to engage with complex legal issues and showcase your passion for the law.
  • Boost Your CV: Mooting experience is highly valued by employers and can set you apart from other candidates when applying for jobs or further legal education.

Mooting is an enriching experience that offers numerous benefits for law students. Whether you aspire to be a barrister, solicitor, or pursue a different legal career path, mooting can provide you with the skills and confidence needed to succeed in the legal profession.

Remember, mooting is a learning process, and it's okay to make mistakes. Embrace the challenge, learn from your experiences, and enjoy the process of developing your legal skills and confidence.

1. Understand the Moot Problem and Your Role:

  • Read Thoroughly: Carefully read the moot problem multiple times to grasp the facts, legal issues, and grounds of appeal.
  • Key Issues: Identify the central legal questions that your arguments need to address.
  • Know Your Role: Know whether you are representing the appellant (appealing the lower court's decision) or the respondent (defending the decision).
  • Counsel Position: Determine if you are lead or junior counsel, as this will dictate the structure and focus of your arguments.
  • Rules and Procedures: Familiarise yourself with the moot court's specific rules and procedures, including time limits for submissions and arguments.

2. Conduct Thorough Research:

  • Background Reading: Start with textbooks or recommended readings to gain a foundational understanding of the relevant legal area.
  • Primary Sources: Look into case law and legislation using resources like Westlaw or Lexis.
  • Halsbury's Laws of England: Use this to clarify legal definitions and find references to key cases and legislation.
  • Expand Your Research: Use the Case Analysis (Westlaw) to find additional relevant cases and explore legal journals for in-depth analysis and commentary.

3. Prepare Your Arguments and Court Bundle:

  • Timeline of Facts: Create a timeline of the relevant facts in the case to ensure a clear understanding of the events leading up to the appeal. Remember, you are disputing the legal arguments, not the underlying facts.
  • Skeleton Argument: Craft a clear and concise skeleton argument outlining your legal arguments and supporting authorities.
  • Court Bundle: Compile a well-organised bundle containing the moot problem, skeleton arguments, relevant case law, legislation, and any other supporting materials. Ensure proper pagination and indexing for easy reference.
  • Practice: Rehearse your oral arguments multiple times, focusing on clarity, conciseness, and persuasive delivery. Anticipate potential questions from the judges and practice your responses.

4. Master Courtroom Etiquette:

  • Formal Language: Use appropriate legal terminology and avoid colloquialisms.
  • Respectful Demeanor: Address judges and opposing counsel with respect and courtesy.
  • Time Management: Adhere to time limits for your submissions and be prepared to adjust your arguments if necessary.

5. Engage with the Judges:

  • Listen Carefully: Pay close attention to the judges' questions and the opposing counsel's arguments.
  • Answer Questions Directly: Respond to questions directly and concisely, avoiding rambling or evasive responses.
  • Stay Calm and Focused: Manage your nerves and present your arguments in a clear and confident manner.
  • Be Flexible: Be prepared to adapt your arguments in response to questions or unexpected challenges.

6. Learn and Improve:

  • Seek Feedback: After the moot, request feedback from the judges and your peers to identify areas for improvement.
  • Reflect on Your Performance: Analyze your strengths and weaknesses to refine your mooting skills.
  • Practice Regularly: Participate in as many moots as possible to gain experience and build confidence.

If you’ve done the preparation mentioned on the previous tab, you will have a good idea already of what your argument will be and where to start researching.

  1. Initial Research:
    • Background Reading: Begin by reading relevant textbook chapters or key texts included on your resource lists to get a good understanding of the background of the legal topic at hand. This will provide an overview of the area of law in question and highlight key cases and legislation.
    • Cases and Other Authorities: Look up the case citations and legislation you have already identified in Westlaw or Lexis.
  2. Deepen Your Research:
    • Halsbury's Laws of England: Use this authoritative encyclopedia to establish definitions and find footnotes leading to further key cases and legislation. Access it in print or online through LexisLibrary.
    • Expand Case Law Search: Use the Case Analysis (Westlaw) or Case Overview (Lexis) to find additional cases that cite or consider the key cases you have already identified.
    • Explore Legal Journals: Search legal journals for articles that analyse the relevant legal issues or provide commentary on recent case law.
    • Consult Practitioner Texts: Look for practitioner texts like Archbold Criminal Pleading, Evidence and Practice, which offer detailed guidance and commentary on specific areas of law.
  3. Organise Your Research and Prepare the Court Bundle:
    • Create a Research Log: Keep track of your research findings, including case summaries, relevant legal principles, and arguments for and against your position.
    • Use a Reference Management Tool: Tools like EndNote, Zotero or Mendeley can help you manage your references and create accurate citations. The Library has a guide to these tools available here.
    • Make a List: As you research, create a list of full case citations, legislation, textbook author/titles details, Halsbury’s entries, etc. This will make it easier for you to refer back to and will help when drafting your skeleton argument.
    • Court Bundle:
      • Compile all essential documents: the moot problem, skeleton arguments, relevant case law, legislation, and articles.
      • Organise logically, using dividers or tabs to separate sections.
      • Create a detailed index and paginate the documents.
      • Provide enough copies for the judges and opposing counsel.
      • If possible, use photocopies of print sources to avoid formatting and pagination issues.

A moot skeleton argument is a concise summary of your legal arguments and the authorities supporting them. It serves as a roadmap for your oral presentation and helps the judge and opposing counsel understand your case.

  1. Heading:

    • Include the case name, court, and parties involved.
    • Clearly indicate whether you are representing the appellant or respondent, and whether you are lead or junior counsel.

  2. Introduction:

    • Briefly state the nature of the case and the issues on appeal.
    • Outline the relief sought (e.g., appeal allowed or dismissed).

  3. Issues for Determination:

    • List the legal questions that the court needs to decide.
    • Frame these as "whether" questions that mirror the grounds of appeal.

  4. Submissions:

    • Present your legal arguments in a clear and logical order.
    • Each submission should have a heading that summarises the argument.
    • State the legal principle with supporting authority (case law or legislation).
    • Apply the law to the facts of the case, explaining how the legal principle supports your argument.
    • Conclude each submission with a brief summary of your position.

  5. Orders Sought:

    • Clearly state the specific orders you are asking the court to make.

  6. List of Authorities:

    • Provide a complete list of all cases and legislation cited in your skeleton argument, following the OSCOLA referencing style.
    • Legislation should be listed first, followed by cases. You should not abbreviate legislation and must include section and sub-section numbers.
    • Cases should be in italics or underlined (consult the procedures or rules for your competition) and include the neutral citation (if there is one – neutral citations did not start being used until 2001) and then the law report citation.

Additional Tips:

  • Be Concise: Keep your skeleton argument brief and to the point. It should be no more than one A4 sheet of paper. Avoid unnecessary details or lengthy quotations.
  • Use Clear Headings: Use headings to guide the reader through your arguments and make it easy to follow your reasoning.
  • Cite Authoritative Sources: Rely on primary sources like case law and legislation, citing the most authoritative versions available.
  • Proofread Carefully: Ensure your skeleton argument is free of grammatical errors and typos.

The Lawbore page on Mooting contains some excellent resources, including examples of skeleton arguments, tips, a video guide to mooting, as well as guidance on public speaking.

A skeleton argument template is available is available to download below. This is just an example of layout, however - you do not have to conform to this exact template.

The library has a range of books available on mooting. Search Library Search for ‘moot’ or ‘mooting’ – there are several useful textbooks available, including those below.