Material for preparation of argument

• First  - Read the problem carefully, summarise it, & identify area/ areas  of law the problem deals with. E.g. Constitution/crime / tort / property / contract / employment law.

 

• Second  - look for the area in a law textbook, read relevant chapter / section on it, & identify relevant cases. Use the most up to date version of any textbook.Double check to see whether any more recent cases have affected the legal position.

 

• Third  -  Identify arguments & points in your favour & also against you. [Be prepared to argue on any side- Prepare for Rebuttals and surrebuttals]

 

• Fourth  - split the work between the two mooters [work together and have a working knowledge of each others' arguments ]

 

• Support your  argument with Authority ,Reason and logic

 

• Authorities can be Decisions of the Supreme Court, High Courts ,judgments in other jurisdictions based on common law, Quotations from learned articles and textbooks, and  Parliamentary debates

 

• While quoting foreign cases- It may be prudent to introduce the case by saying 'although not binding on this Court it may be of assistance to examine the judgment in...'

 

• Always keep up eye contact with the judge, and watch for signals from him or her

 

• If you cannot answer a question, say so. [You can say-'My Lord, I am unable to assist on that point, since I have not read the relevant authority' or ‘I plead ignorance’]
• read more here;http://www.goforthelaw.com/index.php/mootnotes/drgbr_moot_notes.html

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