Teacher in Charge:
Mrs Emma Pershouse
Phone: 07 4936 0656
General Information - What is Mooting?
A moot is a legal argument based on a prescribed set of facts. Mooting is designed to teach and test a range of intellectual and practical skills, and to give you an insight into the operation of the legal system. Moots simulate as closely as possible the operation of a real court - in our circumstances, the conduct of an appellate court.
Participants in the moot must work with the facts and the law provided to them. You cannot make up additional facts or refer to materials (eg, statutes or other cases) that are not referred to in the material. You must explain the relevant legal principles, illustrate the application of those legal principles to the facts and convince the court your client should succeed.
Mooting is different to debating. Mooting is not merely a display of verbal skills. It is an intellectual exercise that requires research, advocacy, teamwork and interaction with the audience (that is, the bench). In a moot the content of the arguments and the ability to answer questions are more important than fluent verbal presentation. Remember the object is to convince and persuade an informed audience that the combination of relevant legal principles and the facts give rise to a conclusion that favours your client. Communication skills are vitally important, but an effective advocate seeks to do more than make an impressive sounding speech.
Adequate preparation is the key to a successful moot or court appearance. Anticipate all the legal issues. Identify the material facts and be familiar with the relevant cases. Try to anticipate the arguments for the other side. Figure out ways of rebutting those arguments. And don't be surprised when you are asked questions by the judges!