A Guide to Mooting

Aberdeen University Law Mooting Society - A Guide to Mooting

What is a moot? :: Mooting - the skills involved :: Preparing for the moot :: Choosing authorities :: At the moot :: Court address :: How to cite authority :: Speaking skills :: Answering questions :: Notes for guidance of the moot clerk

What is a moot?

A moot is a legal debate in a courtroom setting usually, but not exclusively involving a case taken on appeal. In a moot two teams of counsel attempt to persuade a judge of the strength of their case by reference to legal authority. In a student moot the teams consist of two pairs of students representing appellant and respondent debating in a moot problem.

A moot problem is a predrafted factual situation in which a point or points of law are in dispute. The task of each team is to support the side of the argument with which it has been presented. This is done with reference to legal authority such as case law, statutes, institutional writings and legal principles.

The role of the judge of the moot is to weigh up the arguments presented to him or her and to question counsel where this is necessary to allow the judge to understand or accept the points being made.

Counsel speak in the following order:

• Junior Counsel for the Appellant
• Junior Counsel for the Respondent
• Senior Counsel for the Appellant
• Senior Counsel for the Respondent

Counsel are required to present their arguments within a set time-limit, normally ten minutes for junior counsel, and fifteen minutes for senior counsel.

At the end of the moot the judge makes two decisions:

• Firstly, he gives his judgement on the law.
• Secondly, he makes his decision as to the winning team in terms of mooting skills.

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