The two-fold nature of the decision
The facts of life in relation to mooting are that, however hard the question setter has tried to be even-handed, one side will almost always have a stronger case than the other. It follows, that the odds of winning on the law are likely to be stacked in favour of one side rather than the other.
However, while it is always pleasing to win on the law, what really matters in mooting is who wins the moot. In this connection – although it may seem perverse to say so – the side with the weaker case may even be in the stronger position in terms of mooting. After all, presenting a strong case well is likely to be less challenging (and, therefore, less impressive) than making the best of a bad job by putting up a creditable – even if ultimately unsuccessful – performance when presenting a weak one.Once the judge has given his or her decision as to who wins the case, therefore, you will receive a distinct decision as to who has won the moot. This will normally follow on immediately from the decision on the case itself. Therefore, unless the rules under which you are operating make specific provision to the contrary, you can assume that you will not have to take part in the sort of wrangles which usually arise in reality, concerning matters such as applications for leave to appeal and for orders as to costs.
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