Mooting Guide 2022

Mooting Guide 2022
Preparation
Preparation is key to succeeding in a moot. The first most crucial piece of preparation is to
meet with your teammates. It is often beneficial to go through the problem together and
identify key areas of contention. Once this has been done, assign roles, the key roles are
Junior and Senior Counsel, and in some cases a Researcher. The roles of Junior and Senior
are more or less identical with junior speaking first and senior concluding your team’s
arguments.
Arrange to meet at least once before your moot to have a ‘dry run’ if possible. It may be
beneficial to do this with another team who are mooting the opposite side of the case. This
will allow both teams to practice fully presenting their submissions in advance of the
assessed moot.
Construction of Arguments
Moot questions are deliberately constructed so that the law is not black and white. Either
side has the capability to win, if they can argue their side more effectively. It is therefore
often recommended that a the part structure is adopted to form your submissions.
First of all identify the key facts which support your client, or which you know you will need
to defend against.
Secondly identify the relevant legislation, does it support your argument? Always start with
legislation as courts are bound by this and can only interpret, not change the will of
parliament.
Thirdly spend some time on Westlaw (Other databases are available) the best way to polish
off a well-constructed argument is by using some previous case law to exemplify your
position. If you can find a case from a superior court, politely remind the judge that they are
bound by it, unless it can be distinguished.
Presentation
Now that you have a well-formed legal argument, it is important that it is well presented to
ensure the judge can fully absorb and consider the points being made.
To begin with, consider the use of voice tone and speed. Whenever you have a crucial point
to make try adjusting your tone. This will refocus the judge and ensure important points are
fully appreciated. It is likely that the judge will be taking notes as you speak watch them as
they write, if they look like they are struggling to keep up then slow down. If the judge
cannot follow what is being said, then rest assured your fantastic argument will quickly
diminish in value.
The best submissions are not a presentation, they are a discussion. The judge is likely to ask
questions, they are unlikely to do this to throw you, instead they want you to help them
come to the right answer. Engaging with questions and viewing them as an opportunity to
demonstrate your knowledge and lead the judge to the right decision, is a fantastic way to
score points and ensure you are triumphant.
In order to facilitate such conversations, it is crucial that you are attentive to your body
language, the judge will be much more likely to engage with you, if you are facing them,
with open body language and making eye contact. A great way to support this is to have
prepared your submissions in advance. Truly understanding your legal position will allow
you to present without any kind of script, though this can take some time to master. For
beginners it is helpful to have a single A4 page, or a handful of small cards which can remind
you very broadly of the points to be made, and any case names or legislative provisions
which you will need to cite. Excessive scripting will lead to monotone presentation and
create the kind of rigid structure which cannot respond well to questions.
Conclusion
We hope this guide is helpful as you all prepare for your contract moot. Mooting is an
invaluable element to a comprehensive legal education, and builds many key skills, from
presentation to research. These skills are sought out within academia and also within the
practicing legal profession and beyond. If you would like to try your hand at competitive
mooting and continue to hone these skills please get in touch with the mooting society.
Best of Luck to all!

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Best of Luck to all!

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