Mooting - Structuring Submissions (1 Viewer)

[sarahmk]

hi everyone can anyone help me with my moot layout its on friday all my info is sorted but its not flowing properly so i wanted to know if anyone has a logical way i can set it out any help would be great oh and is there any cases anyone knows thats will help me to support the fact that a unlateral cannot be revoke afterd acceptance begins thanks
starX

 

[MichaelJackson2]

Re: mooting layout

In theory, from what judges have told me after moots, there should be no such thing as a 'moot script' because a moot is really a little convo between yourself and the judge where you persuade him/her to take a stance on a disputed legal point and must be pretty flexible insofar as would allow yourself to be able to sail smoothly while the annoying judge (under instruction to be annoying and attempt to stuff you up at every possible opportunity) interrupts you like hell and jumps you all over the place in a random order...

but in reality.... we all do a little script thingy. just make sure you're very clear of what the legal issues are, then go to the heart of it when its ur turn to do the submission (no corny law and order courtroom enactments), hit each issue one at a time in some chronological fashion.. as if you were writing a debating speech or any sort of essay. having said that tho, i don't think there's a generic structure.

regarding cases... well there should be mountains of authority for that, since its a basic principle of contract law that an offer cannot be revoked after acceptance occurs, so just google it or look it up on wikipedia!

 

[melsc]

Re: mooting layout

Don't write it as a speech because if the judge asks you a question you might lose your place, what I have found that works for me is a page of points clearly and neatly organised under headings of issues etc.. So for my bail ap I had headings such as presumptions, exceptions, s.32 criteria and conditions and put all the points under that, so that when I was asked a question I could refer to my notes if I needed to and the continue with the moot.

Good luck

 

[MoonlightSonata]

Re: mooting layout

Mooting notes are a personal matter, but there are some common things you should keep in mind. Namely, never write out a speech, and keep your notes to a minimum. If you write out extensive notes, then you will inevitably be tempted to constantly refer to them, even when you don't need to.

If you have prepared well enough, then you should only need to refer to your papers to direct yourself to the next point in your argument, to cite an authority, or in some situations to quote from a decision. For this reason, I find that the layout which usually works best for me is to compose about 3 pages of notes, very cleanly spaced, using bullet points, and ordered roughly as follows:

Opening
- State the issues.
- State the relief sought.
(Note no flowery waffle or 'moral introduction'.)

1. (Issue 1)
Signpost
- State what you need to prove/what you will argue.

Premise 1
- Point of law
- Authority (with relevant quote ready, but do not read by default)
- Application to facts

Premise 2
- Point of law
- Authority (with relevant quote ready, but do not read by default)
- Application to facts

2. (Issue 2)
Signpost
- State what you need to prove/what you will argue.

Premise 1
- Point of law
- Authority (with relevant quote ready, but do not read by default)
- Application to facts

Premise 2
- Point of law
- Authority (with relevant quote ready, but do not read by default)
- Application to facts

Conclusion
If SC:
- Say that that concludes your submissions.
- State that your JC will now deal with the issues of X and Y.

If JC:
- Give a very brief summary (no more than 1 minute), and only if there is time.
- Recommend the court find for the Appellant/Respondent, and that whatever relief you sought should be granted.

However many premises and issues you have will depend on the case. Always try to simplify your argument and create a logical structure that the judge will be able to follow.

Also, always remember to signpost where you are going with an argument. That is, articulate for the bench what you will say and why. If you do this correctly, the judge should never have to ask, "What is the point you are trying to make?" or "How is this relevant?"

Good luck, and remember to be as clear and concise as possible.

 

[hfis]

Re: mooting layout

For your question, see especially R v Clarke (1927) 40 CLR 227, Shuey v United States (1875) 92 US 73 and J.W. Carter, D.J. Harland, Contract Law in Australia (3rd ed, 1996) 64.

Edit: Oh, after acceptance. That brings up a whole load of other issues to. But yeah, the above should help in the matter of revoking a unilateral offer.

 

[sarahmk]

Re: mooting layout

i see thats made it much clearer is the a limit or guide to how long i will be mooting for i am the senior appelant
starX

 

[MoonlightSonata]

Re: mooting layout

i see thats made it much clearer is the a limit or guide to how long i will be mooting for i am the senior appelant
starX

It depends on the rules of your competition, but usually most competitions provide for 20 minutes each speaker. So as SC you will have 20 minutes.

Some competitions allow you to divide the 40 minute block between SC and JC up to 25 / 15 each. So if you, as SC, feel that you need more time than your Junior, you may be able to split your time so that you take 25 minutes. You should check this with your competition organiser, or the rules published for your competition.

 

[Rorix]

Re: mooting layout

IMO your structure should be defined by your written submissions. Only notes you need is a copy of your writtens and any quotes you found it necessary to bring to attention (although paraphrasing is much better...) and perhaps any points which are not that key to your case but if the judge asks, you want to have ready...but are too trivial to remember...e.g. adoption of a case in various juristictions.

You should know the law and know your arguments and shouldn't need notes for this. Depends on the subject but for most law subjects what you are arguing is actually pretty simple - you should be able to state your argument in less than 30s (albeit a concise version)...so detailed written notes aren't necessary.

Knowing your argument also helps you to better answer questions.