• A moot is a legal "argument" on a point, or points, of law, presented so as to simulate, as closely as possible, the experience of presenting a case in a real court.

 

• Mooting is critical for anyone aspiring to the bar, but is excellent CV-building material for anyone, especially if you are looking to improve your public speaking.

 

• The aim is to persuade the judge to accept your legal argument, on the basis of authorities applied to the facts, not unlike in a problem question. However it is not necessarily the winner of the legal aspect who will prevail; the style and expression of how you present your "case" are important. However, in contrast with debates or speeches, especially those of a political nature, this is not the place for oratory or rhetoric. Remember, you are not trying to win over an ill-educated rabble, but a highly educated, and highly experienced judge. Moreover, a judge who has seen it all before and will not be impressed by your haranguing the bench! You should aim to present your case clearly and concisely; make eye contact with the judge, speak audibly, slowly and deliberately. Do not rush or read your speech, if you can, although allowances will be made for nerves; it is known that most of you are new to mooting! All in all, most unlike the television court cases.

 

• There will be four speakers in each moot: senior and junior counsel for the Appellant and for the Respondent, as one might find in a major case in the real world. The first speaker (Senior counsel for the Appellant) must introduce the four speakers in a manner similar to the following:

"May it please your Lordship, in this matter I appear on behalf of the appellant Mr. Nice-but-dim together with my learned friend Miss Messenger, and the Respondent, Edmund Blackadder, is represented by my learned friends Mr. George and Mrs Thatcher"

 

• When you have finished your submission, always ask the judge if he has any questions by saying: "Unless I can help your lordship any further......", if not, you may then thank the judge and sit down.

 

• Address the judge as "My Lord" or "Your lordship", and the other counsel as "My learned friend/senior/junior". Delete as applicable! Refer to the judges as "Mr. Justice Battersby" (or whomsoever it may be.....) or Lord Justice Timerson-Smythe; depending on the Court. Make sure you take a note of which (in our case, fictional,) Court you are in, as this will make a difference to the judges title.

 

• Never present your case as your opinion, as it is the presentation of opposing ideas. For instance: "I think", or "In my opinion" are wrong, you should say "It is my submission that".

 

• Do not interrupt the judge when he/she is speaking, but allow them to if they interrupt you. When responding to the judge, be deferential but firm, you always speak "with respect" to the judge, whether agreeing or disagreeing.

 

• Do not assume that the judge is familiar with the facts of the problem; be prepared to give a short summary or to read the statement. Opening counsel should inquire as to the judge’s knowledge of the facts in hand. The validity of the facts can be taken as read.

 

• Cite each authority slowly, giving the judge time to read the passage, and make notes if necessary. When you are finished with each point, say "If I may move on.....".

 

• Cases and authorities should be cited (as you will know from your legal studies thus far,)in the following manner:

"Donoghue v Stevenson" is said as "Donoghue and Stevenson"

or

"R v Smith" is said as "The Crown against Smith"

Naturally, do not say "versus" or "v"/"vee".

 

• If you cannot answer the questions put to you, you may ask for leave to confer with your colleague. If neither of you know, it is best to be honest, rather than digging yourself a nice big pit to lie in.

 

• If you refer to dictum in your argument, make sure you cite the portion on which you rely. Similarly with cases: make a full citation, in the following manner:

(1999) 1 WLR 1234 = "...reported in the 1999 volume of the Weekly Law Reports at page 1234"

Ensure the judge has a copy of all the cases to which you refer in court.

 

• Senior counsel will have twenty minutes to speak, junior will have fifteen. Don’t panic, it’s not as long as you think!

 

• It is a good idea to meet up with your fellow mootees, so as to co-ordinate your case and generally get to know each other.

 

• IMPORTANT: make sure you know when your moot is and turn up for it. Organising a moot is extremely difficult and time consuming (believe me, I know,) and it will not be easy to reschedule moots. Your fellow students and the upper echelons of the department have put in a great deal of time and effort and will not appreciate being let down. The latter have been pestered mercilessly by a certain student into helping, and this is the first time in years that there has been mooting for second and third years, so let’s show them what we can do.

 

• Finally, enjoy yourself; mooting is meant to be fun, and it can be! If you have any questions or queries, please do not hesitate to contact me at:

Deb.Soc@Sheffield.ac.uk