IN COLLABORATION WITH

MOOT
HANDBOOK

01
TABLE OF
CONTENTS

03 Introduction to
Mooting

04 Moot Etiquette

06 How to Break Down A

Moot Problem

How to Prepare An
07 Oral Submission

How to Prepare A
11 Written Submission
Where to Find
17 Reliable Citation and
Sources

02
 INTRODUCTION
TO MOOT
Mooting is a simulated courtroom platform where
hypothetical legal cases are presented and
debated. In a typical moot, a judicial decision is
selected that raises legal points that are still
debatable on both sides, known as "moot points".
Unlike trial advocacy, mooting is limited to legal
arguments without the involvement of witnesses
or evidence presented.

Moot problems come in two types: self-contained

and open. In self-contained moots, the relevant
law to be applied to the facts is provided to each
participant in a set of cases that can be used as
precedents. In contrast, open moots allow
participants to use any relevant cases they can
find as precedents and authorities.

Mooting enables students to acquire practical

legal skills and simulate virtual court proceedings.
Participants must prepare and practice legal
submissions, honing their advocacy skills by
explaining and applying legal principles to the
given facts. Mooters may only use the provided
facts, without introducing additional information.

A moot round usually consists of two appellants, two

respondents and a judge.

Judge: They will lead the moot by hearing the

submissions put forth by the mooters. They will ask
mooters questions about the problems and expect
answers.

Senior Counsel and Junior Counsel: Of the two

mooters, one will be the senior counsel and the other,
the junior counsel. The Senior Appellant starts first,
after which the Senior Respondent presents their
argument. After this, Junior Appellant and Junior
Respondent will speak. The difference between senior
and junior is not indicative of ability: it means that the
senior will be contending (or responding to) the first
ground of appeal, and the junior, the second. The
senior usually have a longer submission time than the
junior.

03
 MOOT ETIQUETTE
Some formalities to keep in mind!

How to address the court

Address the judges as “My Lord/My Lady”, and use “Your Lord/Your Ladyship”
instead of the word “you”.

A correct example of using “my Lord/Lady” and “Your Lordship/Ladyship”

would be: “My Lord/Lady, we argue three grounds in response to the
appellant in the instant case. If it pleases Your Lordship/Ladyship, I will begin
with my first submission”.

Use the male form of address for a mixed bench (‘My Lords’) or simply "the
court" to address the whole bench, but use ‘My Lady’ when addressing a
female member of such a bench individually.

Address your fellow barristers ‘my learned friend(s)’.

Stand when the judge comes into the room, and sit down after them. You
should be standing throughout your speech.

To start a submission/argument, say for example “If it pleases Your

Lordship/Your Ladyship, I will now begin with my …. Submission”.

When citing a case, always ask “Does Your Lordship/Ladyship need a brief
summary of the facts of the case?”.

Never say “I think/I believe”, only “I submit” or "counsel submits".

Useful phrases:
‘Would Your Lordship appreciate a summary of the facts?’,
‘Is that to Your Lordship’s satisfaction?’
‘My Lord, I wonder if I might have a minute to consider that argument’.

04
Introducing yourself

The moot usually commences when the judge invites the Senior Appellant to
deliver his speech, who should introduce everybody as follows:
‘If it may please Your Lordship, I am (your name) and I appear on behalf
of (relevant party's name) as appellant in this action. My learned junior
is (your teammate's name). My learned friends for the respondent are
(respondents' names), who appear on behalf of (relevant party's
name).'

The first mooter should then offer to provide the judge with a summary of the
facts of the case before proceeding with his/her argument.

Other mooters need only introduce themselves briefly: ‘May it please Your
Lordship, I am (your teammate's name) and I continue the case for the
appellant’.

Your speech usually ends with ‘If Your Lordship/the court requires no further
assistance, those are the arguments for the appellant/that concludes my
submissions’.

Introducing cases

Case names should read in full. The ‘v’ should be read as ‘and’. The ‘R’ in
criminal cases is read as ‘The Crown’. 'The 'Anor' should be read as 'another'.

The citation should also be read out in words. For example, Williams v Roffey
Bros. [1991] 1 QB 1 is read as ‘the case of Williams and Roffey Brothers, as
reported in the 1st volume of the Queen’s Bench Division Reports for 1991 Act
page 1’.

You may request for permission from the judge to use the short form of the
case name.

If you intend to quote from the case, direct the judge to the appropriate
place in your bundle. Offer the judge a summary of the facts of the case
(‘would Your Lordship require a brief summary of the facts / is Your Lordship
familiar with the facts of this case?’). When referring to a judge, ensure you
give his/her full title, for example:
'Mr Justice Howard’
‘Lord James Smith, the Master of the Rolls’
‘Lord Kent, the Chief Justice’

05
HOW TO BREAK
DOWN A MOOT
PROBLEM
Read your moot problem carefully
Before starting your research, it is important to carefully read the moot
problem to identify the specific grounds of appeal. These grounds are
typically provided in the problem, but if not, you may need to create
them based on the decision of the lower court being appealed. To ensure
a thorough understanding of the arguments, it may be helpful to
rephrase the grounds of appeal in your own words.

Legal research
Once you have identified the legal background of your moot problem, it is
important to support your argument with relevant legal authorities. To do
this, it can be helpful to create a research plan to guide your search for
information. You may want to start by consulting textbooks that you are
familiar with, and then look for relevant case law by checking the
footnotes. When you identify relevant footnotes, make a note of the
principles or points of law that they refer to, as well as the specific
statutes, cases, articles, or books that are cited. This will give you a
starting point for your research. In addition, you can review other reliable
sources to access the most recent cases. It is important to evaluate the
information you find and ensure that you are familiar with the applicable
law.

Structuring and presenting an argument

Once you have determined the perspective you are required to convince
the judge to adopt, you must now plan the progression of your argument
towards that conclusion. A simple method for organizing the necessary
stages of the argument is to arrange each distinct point in a logical order
and then assign them a number. When writing your skeleton argument,
keep it concise and make your submissions as clear as possible while
avoiding excessive use of legal terminology.

06
TIPS ON ORAL
ADVOCACY
Structure and Sequence

Introduction:
The first words of a moot court competitor's argument should
always be, "May it please the Court, my name is _____, counsel for
the [appellant/appellee], _____." Remember to say, "May it please
the Court;" it is a well-established formality of moot court
competition.

Theme:
Start the argument with a clear and persuasive statement that
explains the essence of the case. This statement should be
confident, succinct, and biased towards the competitor's version of
the case.
For example, in a case where the United Kingdom Armed Forces
used a drone to attack individuals in a country with which the United
Kingdom is not at war, counsel for the government might state the
case in the following way: "This is a case about the limits of territorial
sovereignty in the face of global terrorism."

Roadmap:
After introducing oneself and the case, before making any further
argument, competitors should identify the two or three issues they
will discuss. Make these issues clear and straightforward. For
example, "This Court should find in favour of the
[appellant/appellee] for two reasons...."
List the main arguments, such as "...First, because this Court does
not have jurisdiction; and Second, because customary international
law is applicable in this case and is on the side of the
[appellant/appellee]"

07
TIPS ON ORAL
ADVOCACY
Structure and Sequence

Order of Argument:
Begin the body of the argument by discussing the first issue in the
roadmap. Make the argument, and then proceed directly to the
second issue. No need to pause or solicit questions. The judges will
interrupt with questions as they wish. Answer their questions
directly and use the roadmap and outline to find an appropriate
place to continue arguing.

Conclusion:
End the argument with a clear statement of what is being asked of
the Court (a "prayer for relief"). For example, "...For the foregoing
reasons, I respectfully request that the Court find in favour of the
[appellant/appellee] and [take whatever specific action is specified
in the materials]."

Memorization:
Memorize the opening and the roadmap. Successful oral advocates
memorize their opening roadmap and maintain eye contact with
the judges throughout. This creates a good first impression of
confidence and preparedness.

08
TIPS ON ORAL
ADVOCACY
Preparing your Oral Argument

Fully comprehend your arguments and strategize your presentation

to emphasize your case's strengths while also anticipating potential
problems and preparing responses to likely questions from judges or
opposing counsel.

Gain a fundamental understanding of all supplementary materials,

recognizing the connections among them to better articulate your
position and answer any questions from the Court.

Concentrate on the two most critical arguments in the case and

present them in a compelling and persuasive manner. Given the brief
timeframe for oral arguments, focus only on the most compelling
arguments and avoid trying to cover all potential issues.

Emphasize why your side is correct rather than why the opposing side
is incorrect, anticipate potential weaknesses in your argument and
plan how to transition to the strengths of your position.

Demonstrate your ability to make concessions without weakening

your position. It is appropriate to respectfully disagree with a judge
and to acknowledge weaknesses in your case as long as they do not
undermine your argument's foundation.

Avoid writing out an entire speech to deliver to the judges. Instead,

create a concise outline to remind you of the critical points and
cases. Use key words and phrases to jog your memory, but avoid
reading your speech, as reading comes across as unpersuasive.
Treat your oral argument as a conversation with the judges, not a
lecture.

09
TIPS ON ORAL
ADVOCACY
General Questions

What is the most effective way to use the cases or other

01. provided material?

Prepare by understanding the rule and relevant cases. Be ready to

answer questions about the case record, but avoid reciting
unnecessary details. Strongly support your arguments with relevant
cases or analogies. Avoid spending too much time on citations.
Demonstrate knowledge without appearing showy. Familiarize
yourself with relevant cases and their meaning, significance, and
chronological order.

02. How do you make the most of a rebuttal?

Distinguishing the case - this means that you argue that the
case cited is in some way dissimilar to the current one so that
the judgment made in the case is irrelevant. This can be done
either by showing material (i.e. relevant) differences in the facts
of the two cases or by showing that the case cited was based
on a different set of laws or regulations.
Errors in citation - you may be lucky enough to spot an error in
the citation.
Finding a later/more superior case which disagrees. This is
concerned with the rules of precedent. A later judgment or one
in a higher court will supersede the earlier/lower one.
Logical/legal flaw - careful reading of the case or statute may
suggest an error in a line of argument, or that it does not flow
logically from other authorities cited.

10
HOW TO PREPARE A
WRITTEN SUBMISSION
Structure & Sequence
Title Page
The title page of the written submission should contain the title
of the case, the names of the parties, and the names of the
authors. It is essential to follow the formatting requirements set
by the competition organizers.

Table of Contents
The table of contents should include a list of all sections and
subsections in the written submission, along with the page
numbers. This section helps the judges navigate the written
submission easily.

List of Authorities
The list of authorities should include all the cases, statutes, and
other sources of law that are cited in the written submission.
The citation format should be consistent with the competition
rules and standard legal citation formats.

Statement of Facts
The statement of facts is a brief summary of the relevant facts
of the case. It should be objective and concise, and only include
facts that are relevant to the legal issues in the ca

Issues Presented:
The issues presented section should clearly state the legal
issues in the case. Each issue should be numbered, and the
language used should be clear and concise.

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HOW TO PREPARE A
WRITTEN SUBMISSION
Summary of Argument
The summary of argument section should provide an overview
of the main arguments in support of the party's position. It
should be brief, but comprehensive enough to give the reader a
clear understanding of the party's position.

Argument
The argument section is the most crucial part of the written
submission. It should be organized into subheadings that
correspond to the issues presented in the case. Each
subheading should contain a clear and concise statement of
the argument, followed by a detailed explanation and analysis
of the law and facts that support the argument.

Conclusion
The conclusion should restate the party's position and
summarize the main points of the argument. It should be
persuasive and leave a lasting impression on the judges.
Bibliography The bibliography should contain a list of all the
sources cited in the written submission. The citation format
should be consistent with the competition rules and standard
legal citation formats.

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HOW TO PREPARE A
WRITTEN SUBMISSION
Preparing your Written Argument

Developing your arguments

Under your argument/issue heading you must set out your
written argument and authorities. This takes time and thought.
While the popular and perhaps romantic perception of lawyers
is as oral advocates, realistically this only reflects a very small
proportion of the work that goes into any one case.
Whilst ultimately you will write opinionated arguments (that is
the point), preparing that one sided argument means taking
into account all the counter arguments and responses to your
argument as well as predicting how the other side and,
ultimately the judge will view the issue. This is very similar in
fact to preparing for a problem-solving question in law school.
That is:
Analyse the issues objectively.
Map out the argument you wish to make.
Implicitly or expressly deal with counter arguments or
alternative lines of reasoning
Provide authorities (a legal evidence base) to your
argument.
Write your arguments as a “skeleton of the oral submission”.

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HOW TO PREPARE A
WRITTEN SUBMISSION
Preparing your Written Argument
Provide authority for your argument

In mapping your argument you should have identified each

point at which you are stating what the law is (an assertion of
legal principle) or how the law should apply (an assertion
about legal application). As with any intellectual exercise or
technical discipline the strength and weakness of such
assertions must be tested against a discipline specific
evidence base. In law this evidence base is generally made up
of legal authorities (cases, statutes, secondary legal sources) -
as distinct say to science which relies on data or existing
literature. The more compelling evidence base the more likely
your line of argument will be seen as the correct and main one.
That means having a good understanding of the authorities.

As a warning do not ever cite authorities you have not read. If

you just copy a citation from a textbook without reading the
case, knowing the facts, the reasoning and the majority and
minority judgments then you are unable to prove to the Court
that it is the correct law. The point of advocacy is to discuss
with the bench the strengths and weaknesses of the arguments
presented. That means engaging and testing the evidence
base. Expect to be asked questions about your cited cases; if
you don’t know about the case or are unable to take a judge to
a relevant passage you will lose marks.It is better to have fewer
authorities that you are well versed in than many authorities
you are not.

14
 HOW TO PREPARE A
WRITTEN SUBMISSION
Preparing your Written Argument

Writing your arguments

There is no one foolproof way to write winning arguments. If there was

then everyone would do it that way and we wouldn’t have to go to
court. However, there is certainly a set of criteria that theCourt is
looking for and that will help your argument gain traction.

You must find a way that provides a framework to your oral

submissions that is:

Clear– it should make sense to the judge and opposing counsel

on the first reading;
Logical – an argument that does not make sense will not
convince the judge your view is the right one.
Structured – this relates to logicality, and clarity. The more
structure you can provide, the easier the argument is to follow
and understand.
Concise – written submissions are not an essay. They need to
flag your client’s position, grounds, authority and points that you
wish to raise before the bench. It helps guide proceedings and
allows the judge and you to move through the issues and
grounds efficiently during oral proceedings. You will expand on
your written submissions in your oral argument.

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HOW TO PREPARE A
WRITTEN SUBMISSION
Preparing your Written Argument

Informative – Flagging to the Court the uncertain areas of

the law that arise from the issues put toit and how you will
attempt to address them.
Evidence based – Any assertions about what the law is or
how the law applies, must be informed by proper evidence
– ordinarily case-law or legislation.
Opinionated – The distinction between written
submissions and a written problem solving question is that
the latter requires an objective consideration of both sides,
as a judge would do in writing their judgment. In contrast,
written submissions reflect the position of the client and
are therefore one-sided. However, it's still important to take
into account the other side's arguments when preparing
written submissions. The process is similar to approaching
a problem-solving question, but the focus is on presenting
your argument as the correct one.

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WHERE TO FIND RELIABLE
CITATIONS & RESOURCES?

Halsbury's Laws of England

Halsbury's Laws of England is the only comprehensive

narrative statement of the law of England and Wales,
containing law derived from every source.

LawCite Search - BAILLI

The British and Irish Legal Information Institute (BAILII)

provides access to the most comprehensive set of
British and Irish primary legal materials that are
available for free and in one place on the internet.

Westlaw UK
Westlaw UK is an online legal information service which
provides full text access to UK case law, legislation,
legal journals, commentary, and current awareness
alerts, as well as Scottish Law and EU legal materials.

Lexis+® UK Legal Research

Lexis+ UK Legal Research provides full-text access to legal
information which includes many U.K. reported and
unreported cases, legislation, and a number of U.K. legal
journals. Commentary includes the Stair Memorial
Encyclopaedia and Halsbury's Laws of England.

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 Prepared by
Skills Enhancement
Department

IN COLLABORATION WITH

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