Moot Court

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  • Published : October 9, 2012
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UQ Moot Court Bench
Mooting Manual

Contents
Page Introduction.......................................................................................... 2 Approaching a Moot Problem .............................................................. 2 Researching the Problem .................................................................... 3 Written Submissions............................................................................ 4 The Oral Element of the Moot.............................................................. 5 Presentation of the Moot ..................................................................... 6 Structuring the Case ............................................................................ 7 Principles of Advocacy......................................................................... 9 Questioning from Judges - Advanced Advocacy ................................. 10 Conclusion........................................................................................... 11 Sample Submission: ........................................................................... 12 (JENKINS CONSTRUCTIONS PTY LTD -v- IMP SOCIETY)

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University of Queensland Mooting Manual Introduction
The Moot Court Bench has prepared this guide with the simple aim of answering some of the basic questions most people have when they first try their hands at mooting, and attempting to give some guidance as to how mooters can improve. The most obvious question of course, is what is a moot? Unfortunately, this isn–t the easiest question to answer because the style of a moot tends to vary. However, what is probably common to all moots, is that a mooter appears before a judge and argues a case. While almost everything else tends to be dependent upon decisions made by the organisers of a moot, advocacy before a judge is the one constant. Therefore, this guide has been prepared with its primary focus upon helping students to develop their advocacy techniques, and is based around the simplest and most common moot style that students at the T.C. Beirne School of Law are likely to participate in. This is also the style of the University of Queensland Law Society–s mooting competition. This style involves three basic ideas: · Students compete in teams of two with both students presenting oral arguments. One student will nominally be the Senior Counsel and one the Junior Counsel, though this is meaningless for the moot except that the Senior Counsel speaks first. Each team is presented with a problem to prepare which may be based on either a hypothetical factual scenario, or an appeal from a previously decided case. Before the oral arguments, each side will need to prepare short written submissions.

· ·

The rest of this guide is focussed upon developing techniques for mooting in this style. These techniques should help students achieve the fundamental aim of any advocacy exercise, which is to put together a convincing argument for the judge.

Approaching a Moot Problem
A moot problem is always based in facts. The aim of a moot is not merely to present a legal dissertation to the judge, but to explain what the result should be when the law is applied to the facts of a particular case. Therefore, it–s important to be aware of exactly what the facts of your moot problem are. Rechecking the facts often will be an important part of any preparation, but to begin with, you will almost certainly be reading the facts to identify the applicable law and the likely legal issues. If you–re preparing an appeal from a previously decided case, then your job in this regard will be made much easier, because you–ll hopefully be able to discern from the lower court–s decision what the legal issues are. However, if you–re preparing a 2

hypothetical problem, then it may be that the applicable law is not made explicitly clear, and so, in reading the facts, you–ll be asking the question, what law it is that I–m dealing with ‘ will this be...
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