Employment Law Moot project

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Mootwrittensubmission.docx

WRITTEN SUBMISSION

At least three days prior to your oral presentation day you and your team-mate(s) MUST submit one copy of your written submission to your opponents and to each of the judges hearing your case. FAILURE TO DO SO WILL RESULT IN A MARK OF "0" FOR THIS PART OF THE MOOT PROJECT. THERE WILL BE NO EXCEPTIONS OR 2 EXTENSIONS ALLOWED.

It may be delivered electronically. It would be prudent, therefore, for you to obtain, well in advance of the due date, the email addresses for the persons to whom you must deliver your written submission. Do not leave this until the last moment.

You should also keep a copy of the email to which your submission is attached as you may be required to prove when you provided your material to your opponents and to your judges. In addition to delivering copies of your written submission to your opponents and your judges, your team must also submit a single copy of your written submission, electronically, to your instructor in the Turnitin submission location for the moot project in the Moodle shell for this course. Again, your Turnitin submission must be made no later than three days prior to your oral presentation day. NO EXCEPTIONS.

Your team will submit the original hard copy of your written submission, duly signed by you and your team-mate(s), to your instructor on your moot day, just prior to commencing your oral presentation. Your team’s written submission should be 7-10 pages in length (exclusive of any title page), in 12 point type, with 1.5 line spacing. Please do not use a report cover.

The title page should identify the moot case in respect of which you are delivering the submission. It should also include your names, and whether you are representing the appellant or the respondent. Your written submission will be a concise summary of the oral argument you will be presenting to your judges on your moot day.

You need not include a summary of the facts of your case, unless you feel it necessary to do so. The judges will have read the fact pattern provided for your moot case.

Your written submission should contain the following elements:

1. A heading called "Issues." Below it you will state the legal issues you wish the judges to consider. Your statement of issues should be very brief and couched in the form of questions directed to the specific legal (not factual) issues that the judges will need to decide in order to determine the appeal. Less is more. Ask only the questions you know the judges will have to answer in your favour in order for your client(s) to win your case. Save your arguments for the arguments portion of your case brief, as outlined below.

2. A heading called "Rules of Law," following which you will state the legal principles, or tests, on which you will be relying in your submission. You will also give a definition for each of them. Do not include rules of law that are irrelevant or unimportant to the argument you will be making later in your submission.

3. A heading "Argument," followed by your legal argument as it relates to the facts and issues in your case. Your argument will set out how the rules of law you have identified relate to the facts of your case, and the issues you have indicated you will address. The purpose of your argument is to persuade your judges that your client's position is the correct one in law, and to explain why the judges should decide the case in your client's favour. Legal authorities, including previous court decisions, and relevant statutory provisions, if any, should be cited in your argument. Your argument will not be persuasive unless you state the legal principles that are applicable in your case and explain how the facts of your case meet the applicable legal test(s) in a way that achieves the outcome you desire for your client. 4. A heading "Order Sought" in which you will indicate the result you wish the judges to reach. This section will include your names, typed, indicating that you are counsel delivering the submission. On the hard copy of your submission – the

4 one you will deliver to me on your oral presentation day – your signatures will appear under your typed names.

5. An appendix listing the citations for the court decisions, and the statutory provisions you have relied upon in your argument