Thursday 14 March 2013

Material for preparation of argument

  • First  - Read the problem carefully, summarise it, & identify area/ areas  of law the problem deals with. E.g. Constitution/crime / tort / property / contract / employment law.
 
  • Second  - look for the area in a law textbook, read relevant chapter / section on it, & identify relevant cases. Use the most up to date version of any textbook.Double check to see whether any more recent cases have affected the legal position.
 
  • Third  -  Identify arguments & points in your favour & also against you. [Be prepared to argue on any side- Prepare for Rebuttals and surrebuttals]
 
  • Fourth  - split the work between the two mooters [work together and have a working knowledge of each others' arguments ]
 
  • Support your  argument with Authority ,Reason and logic
 
  • Authorities can be Decisions of the Supreme Court, High Courts ,judgments in other jurisdictions based on common law, Quotations from learned articles and textbooks, and  Parliamentary debates
 
  • While quoting foreign cases- It may be prudent to introduce the case by saying 'although not binding on this Court it may be of assistance to examine the judgment in...'
 
  • Always keep up eye contact with the judge, and watch for signals from him or her
 
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