Moot and Mock SocietyIntroduction to the basics of Moot court / Mock Trial competition.

WHAT IS A MOOT COURT COMPETITION?

▪ “Moot” literally means “hypothetical” (since the case being argued in question literally means hypothetical.

▪ Moot Court is an extracurricular activity that allows law students to take part in simulated court proceedings.

▪ Participants focus their arguments on a hypothetical case based on international law or municipal law depending on the nature of the case itself and the court in which it is submitted.

▪ Moot Court is basically civil litigation.

WHAT IS A MOCK TRIAL COMPETITION?

▪ Mock Trial is based solely on a simulated adjudicatory body not involving the questioning of witnesses or the presentation of evidence.

▪ That is why in some jurisdictions mock trial involves cases based on ‘appellate practice’ or ‘arbitral ca

▪ Mock Trial is basically criminal litigation.

Approaching a Moot Problem / Mock Trial

▪ Understanding the facts relating to the Moot▪ Researching the Problem / Team Work▪ Legal Arguments and Relevant AuthoritiesSubsequent topics▪ Outlining your Argument: Writing a Good Brief▪ Oral Elements of moot court/mock trial: The Language of the Court.▪ Procedure in court; Process and Procedure▪ Discrediting a Legal Argument▪ The art of cross-examination▪ Rebuttals/Answering judicial questions

UNDERSTANDING THE FACTS RELATING TO THE MOOT

GOAL: To achieve COMPLETE MASTERY of facts. (Being able to instantly recall the facts as well as relevant area of law)▪ Quick Reading of facts.(Location, Time, Parties involved etc.)▪ Consider areas of law to which the facts pertain.▪ Read facts again, this time with more intensity (Take notes).

1. Take notes on each Paragraph.2. Determine which Party is Plaintiff/Appellant and Defendant/Respondent3. Determine the role of other parties in the facts.

▪ Consider jurisdictional issues. (Consider relevant statute e.g. Court Rules)1. The power of the court to hear the case2. The power of the court to make a specific order

▪ Draw out issues for determination if not already stated after the hypothetical facts

RESEARCHING THE PROBLEM/TEAM WORK

GOAL: Gaining a deep Knowledge by every area of law by EVERY TEAM MEMBER.▪ All Team members supporters MUST be ready to carry

out core research and stand-in in case one of the participants is unavailable.

▪ Each team member must at all times be able to demonstrate a complete mastery of the facts of the case, not just his or her part of it.

STEPS TO PROPER RESEARCH

USE OF CURRENT MATERIALS CANNOT BE OVER-EMPHASIZED1. Read up on the area of law is question (especially if

you are not accustomed to it). Use of textbooks (of authority in that area of law)as well as obtaining schorlarly commentaries through law journals is crucial.

2. If the moot problem mentions names of cases, look them up directly, they might provide insights as to what will be encountered in the moot competition. Be sure to make use of Law Reports as well as Electronic Law Reports.

STEPS TO PROPER RESEARCH

3. The next step is to work out exactly what you are supposed to argue on. These are the main issues which may either be pointed out at the end of Problem as questions presented by parties before the court, or you may either need to extract them from the problem

4. Determine what your position/contention is. e.g.First Issue: Whether the statement by the respondent amounted to defamationThe applicant’s contention should be ‘it is the applicant's contention that the statement by the respondent is indeed defamatory’.From these contentions, arguments are drawn, which are usually backed with a relevant authority.

STEPS TO PROPER RESEARCHHow to write a legal argument

A legal argument is a citation of relevant facts supported with an applicable law/authority and applying the law/authority to facts and finally finishing with a submission. It is usually guided with a legal issue up for determination.A Legal argument can supported with:1. Authority2. Reason and logic3. Policy argumentsThe most important of these is very obvious. The others must be stated in such a subtle way that the judge is not aware of their existence.Authorities consist of:Constitution, Legislations, Case law, Received Law (SOGA), Islamic and Customary law and International LawExample of a finished written argument on an issueNote: Cases may be more

STEPS TO PROPER RESEARCHHow to write a legal argument

▪ The stronger of those mentioned are the first two.▪ Legal Arguments do not require lengthy explanations and logical justification. Simply State the

Fact, the law and its application to the facts.▪ When trying to persuade a court using a case one can say 'although not binding to this Court it

may be of assistance to examine the judgment in...’

▪ Use textbooks rarely. A textbook may only be used if it is a leading authority on the subject, as defined by practicing lawyers, not lecturers. Course textbooks will almost not be considered good authority. The trick is to find the relevant case in the textbook.

▪ Everything you put to the judge in a speech should be supported by some sort of legal authority.▪ The facts of the case are not in dispute. Moot argument is on law, not on validity of any factual

evidence.▪ Finish your legal argument with a submission/prayer/request. For example. “Thus, we pray this honourable court to declare the contract between Fredrick and Palma Bank illegal and that things should return to status quo.”“We respectfully submit before this honourable court that the high court thus did not err in law when it held the bank vicariously liable for the independent actions of the employee.”

STEPS TO PROPER RESEARCHHow to support a legal argument: Determining what strategy to follow

▪ You should have been informed at the time of receiving the moot problem whether you are the applicants or respondents, appellants or respondents, and whether your case is in the Court of Appeal, High Court, or any other court or tribunal. If you are not sure, ask.

▪ Knowing what Court you are appearing before and the position of your clients goes a long way in determining how your legal arguments will be shaped.

▪ Display Example

STEPS TO PROPER RESEARCHImportance of proper citing of authorities

▪ In your research, you will be looking for all the cases that will be applicable to your particular area of law, regardless of whether they support or detract from your case. It is very important to keep in mind that even if a case appears to be very detrimental for you, that you will almost certainly need to distinguish it from the facts in your problem, rather than attempting to pretend that the case does not exist.

▪ Cases MUST BE PROPERLY CITED▪ Judges examine the RECENCY of a case as well as HOW CLOSELY RELATED THE

FACTS/JUDGEMENT is related to the hypothetical case▪ Never simply lift an aspect of a judicial pronouncement, know at least a summary of the fact as

well as a summary of the full judgment. (I recommend having a separate booklet on that)▪ There is no particular mileage to be gained by reciting a battery of cases all establishing the

same uncontroversial point.▪ Do not cite single judge decisions that illustrate a principle established by an

appellate court – cite the appellate court decision. This is very important. You do not have enough time to look at many cases, so be very selective.

▪ Finally, if any quote you read comes from a dissenting judgment, you must advise the bench that this is the case.

STEPS TO PROPER RESEARCHImportance of proper citing of authorities

▪ DO NOT FOOT NOTE YOUR LEGAL ARGUMENTS▪ All points must be numbered and written in the order

they are to be argued for easy referencing on the part of the judges. This can help compliant teams acquire higher marks.

SPLITTING THE WORKLOADThe work can be split between two groups that will work together. Both will originally work separately then the work will be exchanged and notes can finally be compared and corrected.

GROUP A▪ Lead Counsel and co.▪ Takes First 3 issues where there are 5

issues or 2 issues where there are 3▪ Identification of all arguments in issues ▪ Generally has more speaking time. Must

be proficient in emanating confidence and dexterity in speech

▪ Takes Appellant and Defendant▪ Exchange▪ Crosscheck▪ Final meeting/ Beginning of Practice

GROUP B▪ Junior Counsel and co.▪ Takes last 2 issues where there are 5

issues or last issue where there are 3▪ Identification of all arguments in issues ▪ Has less speaking time. Must be

proficient in making hammer arguments in little time and with similar effect

▪ Takes Appellant and Defendant▪ Exchange▪ Crosscheck▪ Final meeting/Beginning of practice

Assignment

Moot and Mock Society

Thank you.