10. Competitions

This chapter deals with the next and necessary step towards the completion of apprenticeship in moot advocacy — the step into the world of competitive mooting. It provides answers to the following questions: What further information is there out there about mooting? What are inter-university competitive moots?

9. Authorities – advanced considerations

This chapter discusses what it means to ‘handle precedent’, to ‘interpret statutes’, and to do justice ‘fitted to the needs of the times in which we live’. It provides answers to the following questions: When and how should policy arguments be used? How should foreign case names be pronounced in a moot? What is the correct way to refer to a case? Is it acceptable to give a personal view of the relevant law? When is an authority binding on a moot court? How can one escape from an inconvenient authority? In what circumstances can a case be overruled? How and when can a case be distinguished in law from another? How and when can a case be distinguished on its facts from another? What is the distinction between a judge's finding of fact and his or her decision on the law? What is the status of a judgment of the Divisional Court? Is a ‘Jessel’ better than a ‘Kekewich’? When is a change in the law a matter for Parliament and when is it a matter for the courts?

5. Performance – the basics

This chapter discusses the various performance aspects of mooting. It provides answers to the following questions: Why can't points outside the grounds of appeal be argued? Can there be any discussion with colleague during the moot? How can pronunciation of English words generally be improved upon? How can the pronunciation of English (and Welsh) names be improved upon? Do the facts of the moot problem need to be outlined to the moot judge? Is it ever possible to put an interpretation on the facts in order to favour a hypothetical client? Should the law be expressly applied to the facts of the moot problem? Is not being able to act a problem? How should the submission be introduced and concluded?

1. The nature and attraction of mooting

This chapter explains the basics of a moot and mooting. It distinguishes a moot from other law school activities, such as a seminar and a mock trial, and distinguishes a moot court from a real court. It discusses the origins of mooting; why law students should moot; in which courts are moots set; and how a moot is structured.

7. Style

This chapter outlines ways in which style can be improved to make the moot presentation more persuasive. It provides answers to the following questions: following questions: How should the moot judge be addressed? Should the identity, character, and standing of the moot judge be considered? How should judges be referred to? What should the style of presentation be like?

2. Participants and the parts they play

This chapter identifies the various players and their roles and the appropriate setting for the moot. It provides answers to the following questions: Does an Appellant get a right of reply? How are the roles of Appellants and Respondents chosen? How does the Respondent balance the need to make a case and to challenge the points made by the Appellants? What is the standard running order of a moot? How should a moot court be set out?

8. Judge and judgment

This chapter deals with the moot judge and judgment. It addresses the following questions: How is the moot judge's assessment divided between the moot and the law? Is it possible to lose on the law and win on the moot? What actions should be taken if the moot judge has misunderstood a point? What actions should be taken if a moot judge's manner is rude? Can the moot judge and my opponents be interrupted or corrected? What actions should be taken if the moot judge's question is misunderstood? How can judicial questions be turned to an advantage? Will a moot judge make a ruling on the arguments before the conclusion of the moot?

6. Professional practice

This chapter demonstrates the relevance of mooting for professional practice. It shows that mooting insists upon exacting standards of behaviour, dress, personal presentation, research, preparation, information management, time management, and communication. Mooting provides students with a set of skills than can make them better lawyers. At the very least it will equip students to work within a team, and to a deadline, and to present the fruits of teamwork in a robust, attractive, and memorable way. The chapter provides answers to the following questions: How should colleagues be liaised with and should their arguments be known? Are there any rules of fair play to be observed in mooting? Should the original law reports be produced in front of the moot court? When should skeleton arguments be used and what form should skeleton arguments, if permitted, take? Should Latin be used in the moot presentation? Is a professional courtroom manner important? What is the dress code for a moot? How should colleagues and opponents be addressed and referred to?

4. Choice and use of authorities

This chapter focuses on the main tool of the mooter's trade — case authorities. It provides answers to the following questions: What is ‘exchange of authorities’ and is it appropriate to rely on the opponent's authorities? How should authorities be chosen? How should authorities be cited? Should research be delegated to others? Can other people's ideas be used? Should help be sought from tutors? In what ways can the law library be used in preparing for a moot presentation? What is the difference between square and round brackets in a case citation? How should electronic information resources be used? When and how should overseas authorities be referred to? What does the Latin mean in a law report? How can old cases be obtained? Is an authority ever too old to use? In addition to reading a report of a judgment of a case, should counsels' arguments also be read?

3. Producing a persuasive presentation

This chapter provides guidance on producing a persuasive presentation. It provides answers to the following questions: Is it always necessary to prepare for a moot presentation? What form should a presentation take? When is a submission outside the ground of appeal? How long should the presentation be? How should submissions be presented logically? How should one prepare for a moot presentation? Should the speech be written out? Should it be read out or should it be learnt by heart?