Mooting Workshop
Overview
• Written Submissions
• Oral Submissions
• Taking it to the next level
• Questions
Written Submissions
• Preliminary Step: Receive the
Problem
Written Submissions
• Step 1: Legal Research
• 1.1. Textbooks: establish an understanding
of the basic principles
• 1.2. Cases and legislation: find those
relevant to the problem
• 1.3. Academic journals/other
jurisdictions: if stuck/for nuance
Written Submissions
• Step 2: Draft Written Submissions
• Length: around 2 pages
• Formatting: use templates/precedents
• Writing Style
• I+C/R/A
• Footnoting
• Tone
Oral Submissions
• Three points:
• First, the purpose of oral submissions;
• Second, the delivery of oral submissions; and
• Third, good and bad approaches to oral
submissions.
Oral Submissions: Purpose
• When preparing for oral submissions, consider why you
are there in the first place.
• You are there to advocate for a position: construction of
statute, application of rule, etc.
• Oral submissions is where the advocacy groundwork of
the written submissions is really developed.
• Keep in mind:
• There is a dispute because the outcome is uncertain.
• Uncertainty creates opportunity. (‘In the midst of chaos,
there is opportunity.’ #quiztime)
• Use the uncertainty to your advantage
• Take home: the purpose of orals tells us that the content
must be advocacy, not discussion/summaries.
Oral Submissions: Delivery
• Recalling the point is to get the outcome you want, you
need to get the judge to take your view. How?
• Two take-homes:
1.
2.
Structure; and
Simplicity.
Let’s focus on structure, simplicity is self-explanatory.
• Structuring your arguments is essential. Structure
according to your pleadings.
• Essential method of structuring: ‘signposting’.
Signposting is a description of your argument.
Signposting: Simple example
Signposting: Mid-submission
Oral Submissions: General
suggestions
Avoid:
•“Case, case, therefore.” (Hayne J told us not to.)
•Long descriptions of cases/facts/other irrelevant material.
•Under-selling your position.
•Time wasting, use alternative arguments if necessary.
We encourage:
•Clear answers to questions, that answer the question.
•Know the first 30 seconds of your material.
•Use authority efficiently.
•Acknowledge weaknesses, but argue for why those
weaknesses are not fatal – or do not apply in your case.
Oral Submissions
• Three points:
• First, the purpose of oral submissions;
• Second, the delivery of oral submissions; and
• Third, good and bad approaches to oral
submissions.
Fine tuning
• Quiz: yay/nay
• “Your honour/s, may it please the court, I begin my
submission”/ Your honour/s, may it please the court, and if
there are no further questions, that concludes my
submissions.”
• Summaries/conclusions
• Responding to other side’s arguments extensively during
your own submissions
• Interrupting judge
• Disagreeing with judge
• Answering a complex question with a simple yes/no.
• Pausing (for long periods) before answering/ saying I don’t
know.
• Moot like the solicitor-general, not a student mooter
How to get practice
• International Moots
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Jessup
Price
Vis
WTO Moot
• National moots:
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Gibbs Constitutional Moot
Australian Private Law Moot
Castan Human Rights Centre Moot
ALSA Championship Moot / Red Cross IHL Moot
Shine Torts Moot
AAT Moot
Etc etc
Summary
• Written Submissions
• Oral Submissions
• Taking it to the next level
Questions?