Mooting Workshop 19th of July 2017 Shane Finch Championship officer – SCULA E: s.finch.12@student.scu.edu.au https://www.scula.info/mooting/

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

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

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

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

Process 1. You get a partner, email 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.

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

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

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.

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

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!

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]

Rules https://www.scula.info/mooting/

Questions?

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

Webpage https://www.scula.info/mooting/