A guide to

MOOTING

Presented by
Mr. Mahyuddin Daud
LL.B (Hons)(IIUM), LL.M (UiTM)
Department of Laws
Centre for Foundation Studies
International Islamic University Malaysia
[email protected]
Purposes of this topic
 To provide a step-by-step guide to assist students
through the process of preparation and delivery of
a moot argument with reference made to
associated issues
 Attention will be drawn, in particular, to aspects of
mooting such as formulating a flowing argument,
developing a confident oral presentation style, and
dealing with judicial interventions.
Is mooting so important?
 Think before you speak
 Improve
 Communication skills
 Research skills
 Character building (discipline, ability to work under
pressure, perfectionist, diligent, hardworking, energetic,
interested, etc)
 Advocacy skill

 Job applications – future career development

What is mooting?
 Mooting involves a simulation of an appellate
hearing where the focus of the activity is the
presentation of arguments on specific points of
law.
 A mock trial is an enactment of a first instance trial
where the focus is on the presentation of evidence
and the examination of witnesses.
 Both activities are excellent vehicles for the
development of advocacy skills
Differences between mooting & mock
trial
Mooting Mock Trial

•Appellate hearing •First instance trial

•Focus on the points of law •Focus on examination of facts
•Usually trials in Court of & evidence
Appeal & Federal Court •Usually trials in Magistrates,
Sessions & High Courts
 Mooting is far easier to organise than that of a
mock trial
 A moot point is one that could be argued either
way & revolves around an unsettled legal argument
depending on the skill of the mooter.
The Moot Problem
 The factual background that led to the dispute.
 It involves a fictitious factual scenario set in one of
the appellate courts, generally the Court of Appeal
or House of Lords.
 Two teams of two mooters present submissions for
each party and seek to persuade the judge that
theirs is the correct interpretation of the law.
Understand the facts
 Familiarise with the facts and issues before
researching the law.

 By familiarising yourself with the point of appeal

and the relevant facts, you will be able to
undertake more purposeful and effective legal
research.
 Read the moot problem together
Make use of the facts
 Pay careful attention to the facts.
 Remember that your job is not only to argue but to
use the facts to persuade the judge
 Reference to the particular facts of the moot will
help you to ground your argument.
 Your ability to relate the law to the facts will
impress the judge if it is done effectively.
Issues of facts and law
 A moot is an argument on a point of law, so there is
no scope whatsoever for a re-evaluation of the
facts, you must work with the information that is
provided.
 Facts provided cannot be altered or invented.
 However, it is common for a moot problem to have
unclear / missing facts
 Ask for clarification, if possible
 If not, assume. But minimise your assumption of
facts.
Researching the moot
 Mooting is associated with advocacy skills and the
ability to ‘think on one’s feet’.
 However, counsel may not be able to deliver the
submission without detailed research and
preparation.
 Counsel should do his homework
 Homework = Legal research
Identify the questions to be answered

 Prepare a list of “probable questions” to be asked

in the moot later.
 It ensures that the counsel is prepared for any
questions put forth by the judges.
 Enhance counsel’s understanding & be able to
answer the question confidently
 Judges respect well-prepared counsels - good
impression
Sample of questions…
 What is the definition of an offer and what are its
essential characteristics?
 What is the definition of an invitation to treat and
what are its essential characteristics?
 Is there case law on advertisements in newspapers?
 What is the relevance of the finite quantity of
items?
 If both parties behave as if the advertisement was
an offer, does that help my argument?
Preparing your written submission
 A submission is a strand of argument used to
advance your point of appeal.
 In essence, your moot speech will be comprised of a
series of submissions, each one dealing with a
separate legal issue.
 There is no ‘right’ number of submissions
 The same point of appeal could be broken up in
several different ways, all of which would be
perfectly acceptable.
Format of a written submission
1. Front page
2. Brief facts of the case
3. Moot arguments
4. Prayers for Relief
Bundle of Authorities (BOA)
 It is a document consisting of:
 Statutes

 Cases

 Any articles, official report relevant to the moot etc

Preparing your speech
 You will now be ready to turn your research and
planning into a speech that can be delivered to the
judge.
 Note from the outset that this section refers to the
preparation of a speech rather than writing a
speech.
 This is because writing out every word that you
intend to address to the judge is one of the most
counter-productive activities that you can do when
preparing to moot.
Your speech must include:
 Introduction: senior counsel for the appellant
introduces everyone, senior counsel for the
respondent introduces himself and his junior, junior
counsel introduce themselves
 Summary of the facts: senior counsel for the
appellant summarizes the facts of the appeal and
senior counsel for the respondent may do so if there
is a discrepancy between the team’s view of the
facts
 “May it please this Honourable Court, my name is
……, Senior Counsel acting on behalf of the
Appellant in this present proceeeding.
 OR
 “If it pleases this Court, I am ……..
 Together with me today are my learned friends Mr…
Mrs…
 The respondents are represented by Mr….Mrs….
 Summary of submissions: all mooters must summarise
their submissions at the end of their speech
 Handover to the next mooter: all mooters should
pass over to the next mooter properly rather than
merely stopping and sitting down
 Reminder of the desired outcome: both junior
counsel should close by reminding the judge of what
they would like him to do, e.g. ‘I would invite Your
Lordship to uphold the appeal and confirm the
finding of the court at first instance’.
The Level of the Court
 There will always be an indication of the level of
the court in which the moot will be heard.
 Take note of this and ensure that you keep it in mind
when researching and constructing your legal
argument.
 It will be influential in the way in which you use
authorities and formulate your submissions owing to
the doctrine of precedent.
Layout of the Court
 This typical layout shows the relative positioning of
the parties in the moot room.
 It is important to ensure that the judge can see each
of the mooters clearly and that the clerk is
positioned so that he can communicate easily with
both the judge and the mooters
Layout of the Court

Judge

Bailiff

Appellant Respondent
Time
 Each moot will have its own rules concerning the
amount of time given to each of the parties to
present their submissions, including rules relating to
the way that this period of time is calculated.
Order of submissions
 Some moots may also stipulate the order in which
each of the parties must present their
submissions.
Senior Counsel
(Appellant)

Junior Counsel
(Appellant)

Senior Counsel
(Respondent)

Junior Counsel
(Respondent)
Dealing with judges’ intervention
 Listen to the question carefully
 Think before answering the question
 Ask for clarification
 Deal with the question when it is asked
 Provide a clear, concise and confident answer
 Ask for assistance from the court
 Know when to give up