Top 8 TIPS for Moot Court Oral Arguments - kanika bhardwaj

Top 8 TIPS for Moot Court Oral Arguments

1)    Be prepared to discuss and reference the law to support your argument. The judges will want to know what the law is; not what your personal opinion is. Avoid sentences that begin, "I believe" or "I feel." In some cases, judges might ask your personal opinion. If so, give it and concurrently try to think of what legal aspect they are asking you to identify. They are trying to be helpful.

2)  If a judge begins speaking, instantly stop speaking. Listen to their remarks. Occasionally, multiple judges will ask you different questions at the same time. Do not interrupt. Try to identify the legal or factual issue being raised. Always appear ready to speak again and resist all urge to start speaking before a judge has finished.

3) As a general rule, avoid humor. Your sense of humor could be misunderstood or misconstrued by one or more judges on the bench. That is not to say it is forbidden. Humor can have its place in the discussion but very infrequently.

4) Judges may ask you to consider whether a hypothetical situation illustrates your point. Many times, these so-called 'hypothetical' situations are very, very, very close to actual cases. The judges are trying to help you identify the case. Generally, a judge is called "Your Honor." For Jessup and other international law competitions, it is appropriate to call the judges "Your Excellency."

Repeated use of "Your Excellency" can be annoying, rather than flattering. Try to limit its use to your introduction, the beginning of your rebuttal or re-rebuttal, and a few times during your 'conversation' with the bench.

5) Try to use minimal hand gestures. As a judge told one male competitor who used sweeping arm gestures: "Your goal is to inform us, not to scare us." Some competitors find it comfortable to hold onto the lectern to steady their hands at the beginning.
Similarly, your movements in the courtroom are limited to your chair and the lectern. You need permission from the court BEFORE you approach the lectern. When in doubt, ask in a normal tone of voice -- not a soft voice -- whether you may approach the lectern. Once there, do not stray from the lectern. You do not have permission to pace back and forth while speaking. When you are finished speaking, wait until a judge says "thank you" or gives a nod before returning to your chair.

6)   Even if you think the judge is incorrect, avoid blurting out: Most of the time judges try to help you out. Judges ask too many questions only when you are talking irrelevant. They want you to come back on the track.

7) Think in advance of which elements you may be willing to concede because they are minor and obviously not in your favor. The judge may be pushing you to admit the concession in favor of the other side. If so, do not consider this a defeat. It demonstrates advocacy skills when you can concede the small points and then effectively argue the larger, more important legal issues in your favor. Such concessions, when followed by getting back to your primary arguments, illustrate that you have prioritized your legal arguments better prepared for the next day.

8) Lastly, although a moot court competition is primarily about improving your legal and advocacy skills in a simulated case and courtroom, it is also about relationships and working professionally with others. Keep things in perspective, be supportive of each other, and reach out to make friends with other teams. You will likely encounter these same faces throughout your career.

 

J Good luck J