Tutorial 1- what is mooting PDF

Preview

Summary

what is mooting...

Description

Tutorial 1 (answer)

1. Briefly describe what is moot or mooting Mooting is the oral presentation of a legal issue or problem against an opposing counsel and before a judge. It is perhaps the closest experience that a student can have whilst at university to appear in court. The argument follows the conventions of argument used in real court. There are 5 or more participant in a moot which are a judge and 4 mooters in two teams. The hypothetical case argued in court is referred to as the moot problem which is devised in order to highlight particular issues of doubt in the law. The issues of doubt may arise from the case law or statute. They are referred to as ground of appeal. Most moot problems contain 2 grounds of appeal and each member of each team argues one side of each ground of appeal. Once the argument is completed then the moot judge will give a short judgement. Mooting experience can have a positive impact on your future career. The legal profession is an increasingly difficult one to enter, and some application forms even demand that a candidate can provide evidence of their advocacy or mooting experience. Mooting will also help you to build confidence in public speaking, general research, and presentation skills, which are useful skills you can transfer to most careers. 2. Briefly differentiate between Moot & Mock trial Mooting differs as it assumes that the evidence has already been tested and focuses on practising speech and the ability to argue the question of law, whereas mock trials exist to ‘test the evidence’ and establish the case’s facts before presenting them in a real court of law. Mooting is actually a part of mock trial.

3. Memorial cover   

Appellant’s memorial cover shall be in red Respondent memorial cover shall be in blue Consist of team number, name of the court, year, name of the case and title of the document

Table of contents 

List the content in your memorial

Moot Problem 

Two grounds of appeal, argued by each side

Problem clarification and answers 

Skeletal argument    

Must be brief, in simple language It is a brief statement to legal arguments of a counsel Refer the most relevant cases Skeletal argument will make reference for the authorities being relied on for each contention in the arguments

Written submission    

State the facts of the case which usually done by the lead counsel State all the grounds of appeal before dealing with each one of them For the ground of appeal= law, application, and conclusion Then proceed with closing submission

Index of authorities 

bibliography where you list all the cases you cited, the books, the reports, the statutes you’ve used and any other material that you have used to prepare your memorial.

Bundle of authorities 

Bundle(s) of Authorities are documents in support of the appeal.



Documents obtained from online sources must be reduced to hardcopy, as much as possible in PDF format.



Examples of authorities include statutory law and case law.



The number of authorities cited in each Memorial must not be more than ten (10)

4. Court jurisdiction in mooting. -

Needed

May it please Your Lordships. I am Yuvanesh Kumar, together with my learned friend Matthew James Garcia, I appear on behalf of the appellant Mr. P Ramlee. The respondent, Mr. Aliff Syukri is represented by my learned friends amuthen and Faiz. My Lords, this is the hearing of the

appeal against the decision of Yang Arif Mr. Denning sitting in the court of appeal. The learned judge held that Mr P. Ramlee had made defamatory statement against aliff Syukri...