Академический Документы
Профессиональный Документы
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Written Submission
Oral Presentation
Key Requirements
Be prepared: Identify relevant issues in the case scenario; Reading from books, cases
etc
Must be able to analyse case law
Team Preparation
1
ADDRESSING THE COURT
In different courts, different modes of address may be used. The correct mode of
address for judges of the Superior Courts as set out in the Rules of the Superior Courts
specify “Judge” or “A Bhreithimh” as the correct modes of address. You can
also refer to “the Court” if you prefer.
When a judge asks a question of a student, the student should listen to the question
and should never interrupt the judge when he/she is asking the question.
If a judge’s question is not clear to the student, the student may ask the judge to
repeat or rephrase the question: “Judge, could you please repeat the question?”
If you do not know an answer to a question from the judge do not bluff; Admit that
you do not know and continue
Opening Submissions
Leading Counsel:
Junior Counsel:
"If it pleases the court, my name is B and I am continuing the case for the
appellant/respondent."
“Judge, this is an appeal against the sentence imposed by x J. in the Circuit Court”;
“Judge, this is an application for an injunction against the defendants ‘X Ltd.’”
Introduce the principles of law on which you rely (briefly) and indicate to the court
what it is you require
Move to case law submissions (with the courts permission – Cite correctly and in full)
2
Answer any questions asked
Conclude by summarising and again indicating to the court what it is you require.
Phrases
Never say:
"In my opinion"
“My Learned Friend”
Useful phrases:
“In my submission I will show that…”
“It is my respectful submission that…”
"It is submitted that"
"It will be argued that"
“Opposing counsel’s argument overlooks the fact that…” or “…overlooks the case
of…”
“I appreciate your point, Judge, however, I would (nonetheless) submit that…” or
“…I would argue that…”
“My friend Ms./Mr. X…”
“Learned counsel for the Applicant/Respondent…”
“May I bring the courts attention to paragraph 5...”
It is important to be aware of the origins of the case and understand the different
impact this will have; be aware of precedent in the context of Irish judgements;
foreign cases can be used but note that they are of persuasive value only; note the
special nature of decisions of the European Court of Justice and the European Court of
Human Rights
3
You must also cite legislation fully (including relevant sections upon which you are
relying)
Cite books and other materials fully
Presentation Style
Speak out clearly (make sure the Court can hear you)
Do not react badly to a question from the judge: take a moment to consider the
question , if you are unsure ask the court if you can confer with your colleagues; if still
unsure inform the Court thusly and move on
Present your case – do not simply read your speech
Avoid colloquialisms or slang
Presentation Points
Preparation is key, but you will also need to be flexible. Mooting is also about being
dynamic and responding to what happens on the day – be flexible as you may have to
jump from one argument to another
You may also need to adjust your pleadings depending on what the opposition/Judges
say
Every point you make must have solid reasoning ; once you have sufficiently prepared
then be confident in your arguments ; do not crumble just because a judge asks a
question or seeks clarification; However never bluff and never defend an untenable
position
When finished answering the question try to lead back into the argument
Documentation
It may be useful to have a separate document containing the case summaries; legislation relied
upon etc.
Closing submissions
If you are the first speaker for your team, make sure that you have made all your points
clearly. Repeat them in summarised form. End by asking if the judge has any questions.
Then introduce your teammate and give a very brief statement of what he/she is about to
say. e.g.
4
The second speaker from the team should end his/her speech by summarising the
argument of the team as a whole, recapping what the first speaker said, as well as
reiterating the points he/she has made. Again, questions should be invited. Before
sitting down the speaker should enquire if the court wishes to hear any more from
him/her:
“May I be of any further assistance to the court?”