Senior Moot Guide

Senior Moot Guide 2022

3

WHAT IS A MOOT?

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COMPETITION

TABLE OF

CONTENTS

STRUCTURE 5

PREPARATION

6

WHAT TO DO ON THE DAY

Key Dates

What is a Moot Competition?

Both Senior Moot and Junior Moot are competitions run by the Deakin Law Students' Society to allow students to experience exactly what it is like to participate in a court hearing. Participants are required to analyse a legal issue, to research the relevant law and prepare a case that can involve both written submissions and oral arguments. Participants are able to immerse themselves in the unique experience of appearing before a judicial panel and engaging in legal debate

Why Should I Compete?

1. The moot court is a very close simulation to a court hearing. Competitors will be able to practice and implement their legal skills in a forum that is not usually on offer to university students.

2. Mooting also allows students to refine their legal language skills. The ‘Plain English’ style of legal writing and oration is not an easy skill to adopt, and mooting allows for participants to learn and adopt this style of speaking. Furthermore, there are several eccentricities about speaking in a Court of Law, for example referring to the Presiding Judge as ‘Your Honour’ and starting submissions with “May it please the court.” A moot competition allows for participants to learn how to address the other parties involved, and use correct legal terminology.

3. Mooting allows students to meet other like minded, passionate and hard working individuals. If you don’t have a partner- do not fear- we will match you with someone.

4. It is a lot of fun and this is all a part of the university experience!

Who is Involved in a Moot Competition?

Structure of a Moot Competition SECTION 1: Judge takes appearances: This involves Senior Counsel stating: “My name is *first and last name* and I appear on behalf of *client*” Senior Counsel then states the Junior Counsel's name in the same form as above.

SECTION 2: Both Senior Counsels present submissions. The Judge at any time may stop the flow of submissions, to ask questions. I tend to find that this does not occur until a few minutes in.

SECTION 3: Junior Counsel presents submissions, with the same questions as discussed for Senior Counsel.

Who Goes First?

Criminal: Prosecution, then Defence Civil: Plaintiff, then Respondent

Preparation 1. Read and Annotate the Fact Scenario- Work out what the important parts of the scenario are? What are the legal issues? Where are your team’s arguments strong? Where could the opposition exploit holes in your argument? What parts of the scenario require you to conduct research?

2. Research, Research, Research- Do as much research as possible to help build your case. Your research needs to centre around case law that can support your argument, in the same way as you would for a university assignment. Use the Deakin Library resources to assist you with this.

3. Watch a couple of Australian Moot Competitions on YouTube- While Moot heats may not be as serious as some of the competitions available online for viewing, you can still take notes and observe how the competition is run, in particular noting how the participants speak and the correct legal terminology they apply.

4. Write your submissions- These are your key arguments. You are attempting to persuade the judge to rule in your favour on the issue. Draft your arguments as if you are writing an essay, ensuring you signpost the legal issue, the relevant law, why the law applies to your argument before summarising and concluding. Remember to follow the IRAC (Issue, Rule, Analysis and Conclusion) structuring method.

5. Rehearse- Although your submissions will be written out, the best mooters spend minimal time referring to their speech and maximum time engaging with the judge. It is very clear very quickly to judges the preparation or lack of that a competitor has undertaken. You should also get your partner to ask probing questions, as if they are the judge, so that you are prepared for sudden interruptions.

What to do On the Day? 1. Know your speech, know your arguments, know your law. Do not just know the bare minimum of your speech, have extra points/case law/arguments in the back of your mind should the judge ask you a question.

2. Print three copies of your submissions. One to read, one for the judge and one as a spare. Do not read out your submissions from an electronic device, it is poor form.

3. Arrive 5-10 minutes before your allotted time 4. Wear corporate attire

Final Notes 1. Speaking times will be indicated in the fact brief 2. Do not hesitate to ask a judge to repeat a question or rephrase it.

Lawyers often do it in court as a simple misunderstanding can often completely alter the point that a party is attempting to make. You can also ask for a repetition to buy some time!

3. Be confident in your presentation. Be respectful of all involved parties.

Avoid saying “um, er, uh” by using purposeful pauses. They are very effective!!

4. Use full citation the FIRST time you state a case. You then ask the judge “May I dispense with formal citations?” and then just refer to the case by using the two parties involved.

5. It is fun!! Enjoy it! Any questions just email us!

The Deakin Law Students' Society thanks King & Wood Mallesons for their sponsorship and support of the Senior Moot

If there are any questions in regards to a Deakin law Student Society Competition please reach out to us: competitions@deakinlss.org

GOOD LUCK!!!