AN INTRODUCTION TO
MOOTING
Tiaan Nelson and Matt Budler
Structure of today’s session
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Introduction
Preparing for your first moot
Written submissions
Oral submissions
General tips
Mooting Society
Questions?
Introduction
Introduction
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What is mooting?
 Participants, or "mooters", take part in simulated
court proceedings, which usually involves the
submission of written briefs and presenting oral
arguments.
 The problems that participants are asked to write
on explore complex legal issues, usually at an
appellate level. Mooting is an invaluable skill that
aids your legal research, presentation and
communication abilities.
Introduction

Why should I do mooting?
 There are compulsory moots at law school, but doing
extracurricular moots is a great way to learn more
about the law and impress future employers.
 An excellent networking opportunity.
 Use your legal skills in a practical context.
 Improve your legal reasoning, legal research and
public speaking skills.
 Learn to think on your feet.
 If you do well, you get heaps of free trips, food and
alcohol.
Introduction

What mooting isn’t.
 Mooting isn’t about giving a speech.
 A moot is not a debate. While debating may have
been useful for building up your confidence to speak in
public, we suggest you forget all other debating habits
or it might cost you in a moot.
 Mooting isn’t just about being able to speak in public
 It’s
not uncommon for presentation to only make up 25% of
the marks, the rest of the marks will be divided between
knowledge of the law, ability to respond to questions, ability
to depart from prepared speech etc.
Preparing for your first moot
The problem
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Read the problem.
Identify the obvious arguments and
counterarguments.
Read the problem a couple more times.
 Know
all of the facts very well.
 Make sure you spot all of the issues.
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Don’t worry if the problem is on an area of law you
don’t know or haven’t studied.
 All
of the information you need to make your
submissions will be provided in the prescribed cases.
Research
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Closed authority moot.
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You will be provided with a list of cases. You are only
allowed to cite cases on that list and other cases to the
extent that they were cited in cases on the list.
Read all the cases (twice).
Split the issues within your team – there will normally be
an obvious division of issues in the problem.
Use other sources for ideas / to aid your understanding
even if you are not allowed to cite them.
Other cases.
 Commentary: Adams on Criminal Law, Laws of New Zealand
etc.
 Journal articles.
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Research
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Know the facts of the cases you cite.
Knowing the facts and the law inside out is key to
doing well in a moot.
Have authority for propositions of law.
 This
is some times hard with a closed authority moot but
try and have authority for definitions / principles etc.
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If you want to do well, you need to put in the hard
work.
Written Submissions
Written Submissions
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Will be provided to the judge and your opposition.
So that the judge can prepare/follow your
arguments.
Normally only 1-2 pages per team member and a
cover page.
The written submissions can set the tone for your
whole moot so make sure they are good.
Written Submissions
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If you are the appellant, include a summary of facts.
Have 2-4 key submissions.
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Think of these like the sections of your overall argument to
have the issue decided in your favour.
Written submissions of this type normally aren’t marked
but still put effort into them and make sure they are
easy to follow.
Structure not overly important, just make sure you have
some structure and that your arguments are easy to
follow.
Oral Submissions
Oral Submissions
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Practice.
Time yourself.
 Have your teammate ask you questions.
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Write out what you are going to say in full.
Allows you to order your argument.
 Know whether you are under / on / over time.
 Be mindful that you will need to depart from your prepared
speech.
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Use plain English – avoid complicated legal words. An
ordinary person should be able to follow what you’re
saying.
Oral Submissions – Style
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Wear formal clothes – like you would to a job interview.
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If you don’t have a suit don’t go out and buy one but most people
do wear suits.
Speak slowly and clearly – remember this is the first time
the judge is hearing what you have to say so they need to
be able to follow.
Eye contact with the judge – a good tip is to look down at
your notes when the judge looks down.
You will need to speak for 15 minutes, have water on hand.
Pauses are okay.
Take control of your submissions.
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Don’t ask the Judges: “Would you like to hear this submission?”
“Would Your Honour like a summary of the facts?”
Formalities
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Appearances.
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Refer to your opponents as your friends or your learned friends.
Use formal language.
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Don’t say “yup” or “sweet” or “okay” etc.
Advocates “submit”, they do not “think” or “suggest” or “believe”.
Summary at the start.
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“May it please the Court, I am Nelson and I appear for the Respondent
with my learned junior Budler.”
Women introduce themselves as Miss or Mrs.
If you are the appellant, provide a brief summary of the facts.
Outline your key submissions at the start – speak slowly here and pause
between them as the judge will most likely be noting them down.
Brief conclusion at the end.
Formalities
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Don’t refer to a judge as Thomas J, it’s Justice
Thomas.
Don’t refer to cases as R v Nelson.
 The
Queen and Nelson.
 Always pronounce the “v” as “and”.
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Everything you say should be backed up by
authority.
 Know
your law really well.
 Things judges have said in other cases / the words of
the statutes.
Responding to Questions
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Depends on the judge.
 Some
judges will only ask a couple of questions.
 Other judges want to have a conversation with you.
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Always answer the questions.
 Do
not say “Your Honour I will be covering that in my
second submission” and ignore the question. Always
answer the question, even if you would have covered it
later.
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If you’ve answered the question pause for a couple
of seconds and then if the judge doesn’t say
anything just keep going with your submissions.
Responding to Questions
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Think before you speak.
It’s okay to pause a few seconds before answering the
question.
 Pausing and looking through your notes makes it look like
you are thinking – judges like that.
 Have some water when the judge is asking their question.
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Address the judge as “Your Honour”.
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Don’t say “thank you for that question”.
If it can be answered with yes/no. Start with “Yes your
honour” and then your answer.
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If you disagree with the judge be prepared to stand your
ground. “Yes your honour but with respect”.
General Tips
Tips
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Have fun – if you get nervous pretend you’re
Harvey Specter.
Know the pinpoint references.
Confidence is key – fake it till you make it.
If you want to do well, you need to put in the hard
work. Preparation is key.
Mooting Society

John Haigh Memorial Moot final in the High Court No. 1
at 19:00 with Harrison, Toogood and Moore JJ
residing. Open to the public (free food + drinks).
See how it’s done by some of the university’s top mooters.
 A bench of this quality is virtually unheard of in mooting
competitions so come along for some great judicial banter.
 Most of the legal profession has been invited so it’s a great
networking opportunity.
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Matt and Tiaan (on behalf of the Mooting Society) will
be personally coaching the winners of the Junior Moot
for the national rounds.
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There won’t be any help on the actual problem to be
mooted but we will provide you with a practice problem
and run various practice moots so you can win nationals!
Questions?