Order #348305 Topic: [Revision] Tort Law - MOOT on duty of care

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Moot_preparation_etiquette_and_guidance_.docx
Home>Law homework help>Order #348305 Topic: [Revision] Tort Law - MOOT on duty of care

ETIQUETTE

· Dress code

· Stand up when speaking

· Silent when opponent or judge speaks

· Introduce self in full (and colleague)

(May it please the court) My Lord/Lady (get it right) I am [NAME] and I appear as Counsel for the Appellant in this action. The Respondent in this case is represented by Mr/Ms [OPPONENT’S NAME]

Is your Lordship/Ladyship familiar with the facts of the case?

· Refer to judge properly

· Introduce cases properly

THE CASE OF X AND Y REPORTED IN THE THIRD VOLUME OF THE APPEAL COURT CASES FOR THE YEAR… BEGINNING AT PAGE …

THE CASE OF X AND Y, the xth CASE HEARD IN THE HL/SC/CA REPORTED IN THE UNITED KINGDOM LAW REPORTS FOR THE YEAR 2006

THEN THE CASE OF X AND Y WHICH HAS BEEN PREVIOUSLY CITED (OR CITED BY MY LEARNED OPPONENT)

IS YOUR LORDSHIP/LADYSHIP FAMILIAR WITH THE FACTS OF THAT CASE?

WOULD MY LADYSHIP BENEFIT FROM THE FACTS OF THE CASE?

MY LEARNED FRIEND MAY ARGUE THAT ….. BUT IS SUBMIT THAT….

SKILL

· Speak clearly

· Confidence

· Pace

· Vocabulary

· Timing

STRUCTURE

· Introduce self and party

· Sign post what your submissions are

· THIS APPEAL CONCERNS [NUMBER] ISSUES …….

· IN SUPPORT OF THE FIRST POINT OF APPEAL I WILL BE MAKING THE FOLLOWING SUBMISSION

· IN SUPPORT OF THE SECOND POINT OF APPEAL I WILL BE MAKING THE FOLLOWING SUBMISSION ETC…

· Ask judge whether can proceed with submission 1. MAY I PROCEED WITH MY FIRST SUBMISSION?

· Give submissions in turn (each time after asking permission to continue)

· Conclude: WHAT DO YOU WANT ALLOW THE APPEAL OR DISMISS THE APPEAL?

· Answer judge’s question(s)….

My Lord/Lady, would you please repeat?

If you would excuse me a moment, my Lord/Lady while I consult my notes…

I apologise my Lord/Lady, I am unable to assist on this point.

CONTENT

· Make sure you argue the right side!

· The law must be correct = ratio / obiter – majority/unanimous – dissenting?

· Stick to the facts of the case

· Know the cases cited inside out

· Which court are you in? which court(s) decided the cases you are citing?

TIPS

· Practise in front of a mirror many times timing yourself – record on iphone

· Listen to opponent and make notes

· Listen carefully to question(s) asked by judge

· Dress professionally to behave professionally

· Never “in my opinion” but “it is my submission that…”