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Mooting

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by

Naomi Barnes

on 14 March 2013

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Transcript of Mooting

R v Cartman Concluding a Moot Right to Reply Cartman and his two friends, Kyle and Stan, were kidnapped by a particularly vicious group of terrorists known as the CUNEF Student Liberation Front. They slashed the faces of all three repeatedly and told Cartman that he was to kill the other two by shooting them. He refused, but, after further threats and slashes to his face, eventually agreed. One of the terrorists handed him a loaded gun. He (Cartman) said to them,

“I do not respect your authority; you will be responsible for the deaths of my friends.”

Before he took aim a crack team of Police burst into the room and arrested all parties present.

The terrorists were all charged and convicted of various offences. Kyle and Stan were released with apologies, but Cartman was charged with attempted murder. Mooting This is an important topic for you to learn, and learn well.

It will be worth 10% of your overall grade in this subject.

It is not only worth knowing for your academic progress, but also for your career in general. If you want to be a lawyer, it is essential, if you do not wish to be a lawyer, then it is still worthwhile learning as it helps to develop your public speaking and argument skills. Main body of a moot Now you need to develop your arguments.

Remember, if you are addressing the Judge directly, use my Lord/Lady. If you are addressing the Judge indirectly, you need to use your Lordship/Ladyship.

When introducing cases, they must be cited IN FULL. For example, the case of R v Moloney [1985] AC 905 you would say,

"THE CROWN AGAINST MOLONEY CAN BE FOUND IN THE 1985 VOLUME OF THE APPEAL COURT REPORTS, STARTING AT PAGE 905." Introduction to a Moot The first thing to remember about a moot is that it is VERY formal. You are not there to tell the court what to do, merely to advise them and try to persuade them to agree with your position.

The very first thing you must do as an advocate is to introduce yourself and your position to the court.

You do this by saying,

"My Lord/lady, my name is ...(insert your name) and I am appearing before you today as ... (you will be told your position)"

HOWEVER

If you are the first person to speak, you have to introduce yourself and the rest of counsel to the court. You do this by saying, The conclusion is very similar to the introduction.

You restate your submissions briefly, as you did in the introduction.

Then it is good practise to give two scenarios which could happen if the appeal were to be dismissed/allowed.

I.e., if you were arguing on behalf of the appellant,

"Should this appeal be dismissed, then X could happen. However, should the appeal be allowed, then Y would happen."

You would conclude by saying,

"It is for these reasons my lord/lady that that we respectfully submit that this appeal be... (allowed/dismissed)." If you are arguing for the appellant as Lead/senior counsel, then you automatically gain a 5 minute right to reply once the defence have finished their submissions.

There is no specific format for this reply, so long as you are overly polite and well structured, anything is OK.

Remember, this is not a time to personally attack your opposition, it is a time to remind the court why the opposition are wrong and you are right! Main body of a moot (cont.) After introducing a case, you must always ask if the judge wishes to be REFRESHED as to the facts of the case. You always say refreshed, not reminded, as to say reminded is rude. It implies the Judge does not know the facts of the case.

When using cases, remember that after it is introduced, you must say why you are using the case, i.e. what is helpful about this case to your argument.

When moving between submissions, you must finish the first submission by saying,

"Unless I can be of any further assistance, I shall move onto my second submission."

When you have finished the body f your argument you need to finish by saying,

"Unless I can be of any further assistance to the court, I shall now conclude." At the trial Barbrady J. directed the jury that the Cartman was guilty of attempted murder, provided they were satisfied that when he took the gun and prepared to aim it, he intended to kill Stan and Kyle. He directed them further that compulsion or duress was no defence.

The jury returned a unanimous verdict of guilty. In the circumstances Barbrady J decided to give Cartman an unconditional discharge.

Cartman’s appeal was dismissed in the Court of Appeal. He now appeals, with leave, to the House of Lords on the grounds that Barbrady J. misdirected the jury:

In directing them that an act constituting attempted murder had been committed.
In his direction that compulsion or duress was no defence. R v Cartman (Cont.) Introduction to a Moot "•May it please your lordship, my name is... X ... and I am appearing before you today as lead counsel for the appellant. To my immediate right is junior counsel for the appellant, (insert name). Next to (name) is Lead counsel for the respondent, (name). To my furthest right is junior counsel for the respondent, (name)."

Next, you need to state your point of law, again you will be told this.

After this, you need to outline your submissions for the court. Normally, you will have only 2 submissions, 3 if you must. You can introduce these by saying;

""The (appellant/defendent) wishes to support this position with the following submissions"

Once this is done, you need to start your argument. You do this by saying,

"With your leave my Lord, I shall move into my first submission."
Full transcript