MootingWorkshop

1st years: Sheena Mahil 2nd & 3rd years: Amber Lewis

External: Neda Khaliq

Keele Bar

Society

Mooting!

Simplest way to describe it The simplest way of describing mooting is that it is

a 'mock appeal 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. (Usually 2-3 weeks)

Students will then present their argument before a judge (normally a member of staff) and will be judged on the quality of their response.

Appellant or RespondentThe two sides

Appellant – You will be appealing against a decision/point that has already been made. (The points i.e. Grounds of appeal, will be on the problem page).

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!

Lead and Junior 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 minutesThe Junior will speak for 8 minutesThe Lead appellant (only) will then be given a

right of reply for 5 minutes.ALWAYS STAND WHEN TALKING

Introducing Yourself – LEAD APPELLANT The lead appellant opens the moot, it is their

job to introduce themselves, their junior and the respondents.

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

INTRODUCING YOURSELF May it please your lordship, I am . . . . . . .and I

continue the case for the appellant/respondent. JUNIORS

My lord, as my learned friend has already indicated, I am . . . . . . and I appear for the respondent Mr Palmer. My learned junior is . . . . . 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.

Skeletons 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.

Bundle 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 as is highlighting the quotation.

There are example bundles at the front.

CASESWhen selecting a case for your argument, check it

hasn’t been overruled or cited as bad law.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.

(You pick up marks for presentation and speech by using the correct terminology).

Speech You have to know your argument – but it does not have

to be verbatim, cue cards are acceptable. (or even speeches providing you make eye contact with the judge)

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! ANSWER THE Q WHEN ASKED EVEN IF YOU ARE

GOING TO COVER IT LATER. IF YOU DON’T KNOW THE ANSWER DON’T

MAKE IT UP!!

DRESS CODE=

Smart!JeansTrainersT-ShirtsHoodies‘Bling’Hats or caps

SuitsSmart ShoesShirt and TieBlazersBlousesSmart trousers/skirts

Useful Sources Westlaw Lexis Nexis Butterworths Law LibraryDO NOT CITE YOUR LEGAL TEXTBOOKS or

LECTURE NOTES.

What to do You will receive your problem via email 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. Quotations

from case judgements/statutes/articles 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!!!

To Conclude! 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.

Keele Bar

SocietyYou must

be a member to compete in mooting.

Click icon to add picture

Contact:keele_mooting@hotmail.co.uk

Indicate which mooting officer you are emailing or put your year in the subject

1st year (Sheena Mahil)2nd and 3rd years (Amber Lewis)

External (Neda Khaliq)

Any questions?