Preparing for a moot

In academic terms, preparing for a moot is similar to preparing to write an answer to a problem question (see Chapter 11). This may sound odd, because in a problem question you have to discuss both the basis of any liability and the possibility of any defences which the facts may disclose, while in a moot you are required to argue only on one.

Mooting problems are almost always couched in terms of appeals. This enables the person who sets the problem to identify the grounds of appeal. You will be told which side of the case you have to argue and you will be given the name of your co-advocate. (You may or may not be told which of you is to be the leader and which the junior. If you are not told this, you will have to agree between yourselves.) The grounds of appeal you are given will, typically, contain two points of law, so that each advocate can argue one of them.

The person who is organising the moot (whose traditional title is Master – or Mistress – of Moots, but who will here, for the sake of simplicity, be called the organiser) may be a fellow student, a member of staff, or a fellow student with the support of a member of staff. After you have decided how you are going to argue your point of law, but before the moot itself, you must give both the organiser and your opponents a list of the authorities on which you will be relying. Naturally, your opponents must reciprocate.

Someone (it may be you, the organiser or someone who has been specifically allocated this task) must collect the authorities. Ideally, this will involve the law reports and the statutory material itself, but in some colleges and universities it will not be possible to take this material out of the library, so you will have to make do with photocopies or printed downloads. Even if you have the original source, you will still need a photocopy or a duplicate download as well, so that the judge can have one copy while you have another.