Mooting Workshop

Moot Court BenchMurdoch University

Outline Research and writing presentation Oral advocacy presentation and

demonstration

Written submissions Outline:1.What is a written submission?2.What is the format for written submissions?3.What are the elements of written

submissions?4.Supporting submissions with propositions5.Conclusions and sign-off6.List of authorities

What a written submission is Document that a mooter presents to the court

outlining the key elements of the party’s argument

Structures the mooter’s argument and provides an authority for each submission made

Essentially: skeletal outline of what mooter will say

First page of the written submission Outlines:1.the court in which the matter is being heard;2.the number of the matter and the year;3.the names of the parties involved in the

matter;4.the party making the submission; and5.the name of the counsel making the

submission.

First page header exampleIN THE HIGH COURT OF AUSTRALIA

NO 005 OF 2010BETWEEN:

HAPPY BUNS BAKERY PTY LTDAppellant

ANDSHOPPER CARD LTD

Respondent__________________________________________________________________________

APPELLANT’S SUBMISSIONS

(Senior Counsel – John Smith)__________________________________________________________________________

Submissions The submissions are the skeleton of your

argument Break it down as SIMPLY and succinctly as

possible for the judges to read

Elements of a submissionUse the IRAC method: State the issue State the relevant law (provide your

authority/case) Briefly explain why it applies to the facts Draw the conclusion you want the court to

make

Submissions Usually, around three submissions will suffice Number of submissions will vary according to

the question and your own style This will not necessarily reflect the

strength/weakness of your submissions

Conclusion and sign-off After the submissions, add a sentence telling

the court the outcome you wish to achieve. Then add the date and sign off.

List of authorities Last page of your written submissions Start with the same header you have on the

first page Give the cases you have referred to in

alphabetic order and numbered

List of authorities: example (without header)______________________________________________________________________

APPELLANT’S LIST OF AUTHORITIES

(Senior Counsel – John Smith)

______________________________________________________________________

Legislation1. Evidence Act 1906 (WA)

Cases1. Perry v R (1982) 150 CLR 580

2. Makin v Attorney-General (New South Wales) [1894] AC 57

3. Markby v The Queen (1978) 140 CLR 108

4. Pfennig v R (1995) 182 CLR 461

5. DPP v Boardman [1975] AC 421

Before we continue Questions? Next half of the presentation will deal with

oral advocacy and courtroom etiquette.

Oral advocacy and courtroom etiquette Outline:1.Courtroom etiquette2.Oral presentation of argument3.General points on public speaking

Courtroom etiquette Outline:1.Attire and appearance2.General rules of etiquette3.Seating4.Language5.Courtroom procedure6.Taking appearances7.Speaking order

Attire and appearance Dress conservative Men: suit (if you have one) and learn how to

wear a tie – all the way up! Women: business attire Hair should be neat Long hair - tied back Minimum jewellery

General rules of etiquette Never approach the bench when addressing

the court If your opponent makes an outrageous

argument, you must make no facial expressions whatsoever

Have your hands on your lap or on the table – sometimes a good idea to make notes, even if you are just scribbling

General rules of etiquette (cont.) No speaking with co-counsel – discretely pass

written notes (However, this should not be necessary as you are

expected to work individually and should not need to speak with your co-counsel anyway)

When speaking: hold onto the lectern and keep hand gestures to a minimum

Less is more!

General rules of etiquette (cont.) Avoid condescension and theatre Modulate your voice to how far the bench is

from you Excessively loud speakers come off

aggressive and really quiet speakers come off timid

General rules of etiquette (cont.) At the lectern, avoid copious amounts of

paper If you must, organise a file for the paper, in

order to assist you when you stand up to speak

Seating From the point of view of the judge:

Appellant is to the left Respondent is to the right

Language Refer to your judge as “your Honour” (To an extent) the more you do this the better

Language (cont.) In referring to your Junior or Senior Counsel

(also first and second appellant), say “my learned colleague”

In referring to your opponents, say “my learned friend”

But always address your counsel or opponent through the judge, not directly!

Courtroom procedure When the judge enters, the court orderly will

say, “all rise!” We all rise We bow to the judge whenever the judge

chooses to acknowledge us We then sit when the judge chooses to sit

Taking appearances Appearances are simply introductions Judge: “I will now take appearances” Senior appellant: “May it please the court,

my name is ___ and I appear with my learned junior ___ for the appellant, ___”

The senior respondent then gives appearances

Speaking order1. Senior appellant2. Senior respondent3. Junior appellant4. Junior respondent

Oral presentation of arguments Outline:1.Case theory2.Special role of first/senior appellant3.Signposting4.Questions from the bench5.Common questions asked by judges6.Closing

Case theory A case theory is a brief and catchy statement

that reflects the central idea of your argument

Case theory (cont.) Have a think about whether you have the

moral high-ground, or whether your argument upholds the law without question, etc

Have a think about logic or common sense behind the law you’re arguing (this is often referred to as the “policy” behind the law)

The special role of senior appellant There are two things that a senior appellant

does that no other speaker gets to do

Firstly They offer the judge a summary of facts Something along the lines of “Your Honour,

before I proceed, would the bench like a summary of the facts?”

Secondly Dispensing of formal citations After the senior appellant refers to their first

case, s/he will say “Your Honour, I ask that we dispense with full citations”

Dispensing citations The judge will then usually say, “yes, that’s

fine”. The purpose of dispensing citations is so that

the senior appellant and every other speaker may refer to cases in a abbreviated form

Eg instead of saying “In Balmain New Ferry Company Limited and

Robertson 1906 volume 4 of the Commonwealth Law Report page 379 at page 384, Chief Justice Griffith held…”

You can just say “in Balmain Ferry at page 384, Chief Justice Griffith

held…”

Signposting “Signposting” is the skill of keeping the

judge/s aware of where you are in your arguments

Firstly Outline your arguments for the judge in your

introduction “Your Honour, we submit ___.” “We support this submission by way of 3

propositions Firstly… Secondly…” and so on

Secondly After the introduction, make it clear to the

judge where you’re going “Your Honour, moving now to my first

submission”

Thirdly After making every submission/proposition,

make it clear where you’re going “Turning now to my first proposition” “Moving now to my second proposition” “Turning now to the second submission your

Honour”

Signposting Remember, mooting is about assisting the

judge in understanding your argument The judges are your friends This ties in with questions asked from the

bench

Questions from the bench This is where the best speakers become

apparent Moots are often won by how well a mooter

can answer a question from the bench Answering questions is about how persuasive

you can be, not how book-smart you make yourself out to be

Questions from the bench (cont.) A good answer to a question requires a good

knowledge of the law and an awareness of the ins and outs of your argument.

A good answer is one that is clear, simple and answers the judge’s question

Questions from the bench (cont.) A simple and direct answer can easily be

achieved by first stating, “Yes your Honour ” or “No your Honour”

Depending on the question, sometimes this is all that is needed

But beware, it may not be needed at all – remember to let yourself soak in the question

Questions from the bench (cont.) If the judge pushes you to a point where you

can’t answer the question anymore, then admit so

“Your Honour, I cannot take this submission any further”

Treat this as a last resort

Questions from the bench (cont.) Always wait for the judge to finish their

question Take a few seconds to pause and think about

your answer – do not panic When you are speaking and you see that a

judge wants to ask you a question, then pause and let them ask you

Common questions from a judge “What are the facts of that case?” “Where in the case can I find that?” “Which judge said that?” “If, hypothetically, we don’t accept your

submission, where does it leave your argument?”

Closing A good closing will highlight the good points

you have made in your orals Also highlight the weaknesses/inconsistencies

that your opponent has or will make. “In conclusion your Honour…”

Length of the oral argument Will vary according to the competition In this instance, each student will be allowed

20 minutes to present their argument to the bench

There is no time allotted for rebuttal or surrebuttal

Length of the oral argument (cont.) You may ask for additional time if necessary:

Example: “Your Honour, I see that my time is about to expire. May I have another 30 seconds to conclude my argument?”

However, you should avoid this if possible Read the bench. They can say no

General points on public speaking Grip the lectern! Speak slowly. Remember, one can always

speak slower. 100 words per minute is a good pace Maintain eye contact - the best speakers will

have maximum eye contact as they know their arguments inside and out

General points on public speaking (cont.) Avoid reading – again, maximum eye contact

is a result of a mooter knowing their arguments inside and out

Further references http://jessup.whitecase.com/multimedia/

(contains a series of moot excerpts from the Jessup competition that are designed to give new competitors relevant examples of the most important aspects of mooting.)

http://www.law.murdoch.edu.au/mcb/publications.html (further mooting tips and publications produced by the Murdoch University Moot Court Bench)

And last, but not least… Have fun!