DLSS Junior Moot Workshop 2021

DLSS JUNIOR MOOT WORKSHOP 2021

GUEST SPEAKER: PROFESSOR MARILYN McMAHON Deputy Dean of Deakin Law School

WHAT IS MOOTING?

• Mock court?

• Lawyer cosplay?

• It’s like Suits or Legally Blonde …. right?

WHY SHOULD YOU MOOT?

• To develop legal research and oral advocacy skills within practical environment.

• Mooting prepares you beyond academic studies.

• Head start to your legal career.

• Maximises your university experience.

• Connections and networking.

STRUCTURE OF A MOOT Criminal •

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Judge takes appearances: E.g. My name is .. I appear on behalf of Junior Counsel submission Senior Counsel submission

Civil •

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Appearances Claimant submissions Respondent submissions

NOW YOU’VE SIGNED UP, WHATS NEXT?

• Start by reading the problem question: ○ Highlight, underline and annotate the fact scenario • How to get started with research? ○ Text-books ○ Deakin Library Website, ○ LexisNexis, Westlaw AU and Austlii.

○ Legislations • Once you’ve completed your research, start planning your arguments.

MORE ON MOOTING

• Research and analysis is key.

• What is written submission? ○ Submissions are your key arguments ○ You are explaining why you think the judge should decide in your favour.

• How do you draft a written submission?

• Draft your submissions in a clear, logical format… like an essay or a debate.

• Once you’ve drafted your submissions and completed your research, start rehearsing.

QUESTIONS FROM THE BENCH • Another vital element of mooting is the ability to concisely respond to the judge’s questions.

• Take your time when answering, but keep in mind that answering judge’s questions count towards your overall time.

• The questions may pertain to the case law and legislation you have chosen; elements of your argument; even at times the relevance of the submissions you’re making.

• Do not hesitate to ask the judge to repeat the question or rephrase it if you do not understand, or want to buy yourself some time.

SO NOW IT’S THE DAY OF THE MOOT

• Be organised!

• Print a copy of your written submissions and an extra for the judge.

• Arrive 5-10 minutes before your allocated time.

• Attire: Corporate wear • Corporate vs Business, what are they?

MOOTING ETIQUETTE

• Language: Be respectful and adopt appropriate and professional language when addressing the judges.

• Be confident when you speak: avoid “ums” and “uhs” ○ How can you do this? Purposeful pausing.

• Do not interrupt or speak over people.

• Stand to speak.

• Knowing when and how to address the judge.

MORE ON ETIQUETTE

• Use full citations for a case when you first cite it.

• You can then ask the judge “may I dispense with formal citations?”

• Over zoom vs. In person.

• Confidence is key: speak slowly and clearly, maintain eye contact and good posture.

• If there is one judge address them as ‘your honour’ more than one is ‘your honours’.

MINI MOOTING DICTIONARY TERM

WHAT IS IT?

Applicant

The party bringing the appeal.

Respondent

The party responding to the appeal.

Senior Counsel

The first speaker for your team, who will outline the submissions to come.

Junior Counsel

The second speaker for your team.

Submissions

The term submissions is synonymous with arguments - instead of saying “our first argument is…” you should say “Our first submission is…”.

MINI MOOTING DICTIONARY CONT’D...

PHRASE

WHEN TO USE IT?

If it please the court

While addressing the bench.

Your honour

When addressing the judge.

Learned friend

When referring to the opposing team.

We/I submit

When presenting an argument or answering a question from the bench.

I will now turn to my first/second etc submission

When beginning/ moving through arguments this is a great way to signpost.

If there are no further questions, that concludes my/our submissions.

When you’ve finished with your submissions and wish to conclude.

GUEST SPEAKER: SIMON WINIARSKI

• Fourth year Double Bachelor of Law/Arts student • 2019 DLSS Junior Moot Grand Champion • 2020 Competitions Officer • 2021 Willem C. Vis International Commercial Arbitration Moot Competitor

FREQUENTLY ASKED QUESTIONS

Q. How long should I be talking for?

A. There will be information regarding how long each party will be able to speak in your fact scenario brief.

Q. What order do my partner and I speak?

A. Senior Counsel speaks first, Junior counsel will be second (basically, you decide).

Q. What am I being judged on?

A. Your arguments, oral advocacy, courtroom etiquette and how well you know your case.

QUESTIONS & CONCLUSION

Questions?

If you have any queries or further questions, please don’t hesitate to reach out to the DLSS Competitions director/team at: Director-competitions@deakinlss.org.au