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MOOTING SKILLS

CONTENT AND STRUCTURE

WHAT IS A MOOT

This is a form of advocacy that even lawyers rarely get time to practice. Most lawyers go to
court and find out about the facts where most of the time parties don’t agree to what
happen and they are there to either dispute or argue against them. In a moot the facts are
not the problem but the law if either there has been a gap in the law or either there has
been an inconsistent of the law from the judges in the previous cases. But what many
mooters forget is that they have a client who is on the line with regard to the subject matter
and the client cares about the result of the case and thus it is the duty of the mooter to assist
the judge with law but trying to get the solution through the law for a client who is
depending on you

WHAT MAKES A GOOD MOOTER

A Moot is meant to be legally complex and it’s meant to be so sometimes the facts might be
left unusual and thus the law becomes challenged and thus a difficult situation for
predicting the desired outcome of the dispute. So you maybe submitting the intention of
the parliament or either the judges in the past had either erred on enforcing a rule of law

For example the right to privacy and the implication of social network and how people
could post and be affected by privacy and thus we know have a complex situation on the
side effects of twitter. What makes a good mooter is that one who can make light out of
the complex, which can find solution of the problem by seeing the heart of the problem
and can turn complexity onto simplicity by bringing sense and rationality to a potentially
difficult situation. A good mooter always has a lot to say but a great mooter doesn’t need to
say too much but they get straight to the heart of it and their solution is all about simplicity
rationality and elegance

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TIPS OF SUCCESS

1. BE CLEAR OF WHAT YOU WANT THE COURT TO DO TO YOU

This is a most common error and very common to most mooters, this is a crucial part of the
moot to which one is supposed to get it right. You should know that the court is there at
your request. Therefore it would want to know what findings want to make the court to
adhere to, or rather what law you want to apply or not to apply. Too often most candidates
of a moot will be asked why the court should apply your level of reasoning.

You will be making SUBMISSIONS. These submissions will be your arguments and they
are to be clear because they ultimately become the court’s findings. You could say “…I
submit that he case of Donoghue vs Stevenson applies in this scenario…” OR …the finding I
pray this honorable court to align with is this…”

2. CONCLUSION FIRST

This is a different perspective from the normal academic process in attempting a problem
question as the way we know. The common one is that which starts with an introductory
part of the statements adduced later a thorough analysis and then conclusion. Now a moot
is not just like the regular form of academia. This is practical advocacy and thus the judge
won’t tolerate to get your conclusion at the end. The court would want to know your stand
from the beginning of your submission by stating it clearly. For instance one could say
“honorable Judge I have four submissions, the first one is to persuade you that….. (here make a
declaration) …” then explain why it is the right decision. Note that the submission comes first
then the support follows

3. ENGAGE THE JUDGES IN YOUR FINDINGS

The moot participant should understand that for any conversation aimed at convincing a
person one must never avoid interaction and in this context interaction with the judges.
You should always remember that you’re making submission and that if your submission is
agreed or accepted then your view of the law will bind all other future cases especially on

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subordinate court. Thus the submission is the law making process. It is important the court
be sure of what you want and how you want it. This can be through

Ensure that the judge knows what you want to share and guide them along the
process. For example one can say that “My Lordship…this is what am asking the court
to judge…” or if there is a process, share it to them by saying “My lords the process by
which the lordships will arrive in my submission is that first to invite the court to….”

4. STRUCTURE

This is also a long and important detail to be adhered in a moot court as it brings out the
legal complexity to simplicity. A good structure is critical so that the judge may not lose
where you are. You have then to have structural independence. My best form of structure is
that of Arguing in series.

ARGUMENT IN SERIES: I will take for instance the issue under discussion is that of
Murder, whether or not the accused is liable for the crime. You have to prove a
series of elements as provide in the penal code such as the Malice aforethought,
unlawfulness of the act and the other. You’re required to be consequent upon
another. This helps the court to know where you are, your chain of argument
therein. Your structure will determine your argument and it must be in sequential
showing the flow.

CONCLUSION

The moot court is an essential part to every law student for academic Excellency. The
modes and formula in doing it may vary from one moot presenter to another. I congratulate
you for taking such a brave and courageous action towards this moot court. Failures won’t
define you. Just make sure you enjoy

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How do I know those jurisdictions that are extended for instance RM?

Why is there a limited number though knowing the number of cases being a lot?

The jurisprudence behind the president making the final decision of death warrant cant it
conflict with the independence of judiciary

Proceedings for fourth year…

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