University of Technology Sydney

76904 Price International Media Law Moot

Warning: The information on this page is indicative. The subject outline for a particular session, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

Subject handbook information prior to 2024 is available in the Archives.

UTS: Law
Credit points: 6 cp
Result type: Grade and marks

Requisite(s): 70120 Legal Method and Research OR 70102 Foundations of Law
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.

Description

This subject offers students an opportunity to participate in the Price Media Law Moot Court Competition for credit towards their degree. Established in 2008, this international moot recognises the outstanding contribution of Professor Monroe E Price to the development of media freedom and the rule of law at the University of Oxford. The competition focuses on freedom of expression issues and the role of the media and information and communication technologies. It enables students to develop their expertise in arguing a case before an international bench of judges from different legal systems and backgrounds. During the competition, the Universal Court of Human Rights becomes the final adjudicator when all national remedies have been exhausted. The teams invited to participate in the international rounds uphold the rights enshrined in the Universal Declaration of Human Rights at Oxford University while competing against teams from law schools from Europe, Asia, the Middle East and the US.

Students analyse a problem of international human rights and are challenged to engage in comparative research of legal standards at the national, regional and international levels, and to develop original arguments on cutting-edge questions in media law. They conduct detailed legal research on constitutional law and varying national laws to evaluate their impact upon freedom of speech, privacy and regulation of media content. Teams prepare written and oral pleadings arguing both the applicant and respondent positions of the case. Submissions are evaluated by judges based upon advocacy skills and knowledge of international law. Australian teams are invited to participate internationally based on their written submission scores. This subject is demanding and equates to a substantial research project. Selection for the UTS:Law team is competitive and is limited to a maximum of five students annually. Calls for expressions of interest are made in July. For information about mooting competitions see: www.uts.edu.au/current-students/current-students-information-faculty-law/competitions-and-prizes

Subject learning objectives (SLOs)

Upon successful completion of this subject students should be able to:

1. Plan and analyse a wide-ranging, strategic selection of legal research to provide targeted information for advocating a position on regulation of the media and international human rights law
2. Evaluate and apply the principles of international human rights and media law to develop original arguments in response to complex international legal issues
3. Implement multiple forms of feedback to reflect upon and improve individual and team preparation and performance
4. Develop and communicate coherent, persuasive and balanced written memorials and oral submissions in international human rights and media law
5. Engage with extensive preparation and effectively collaborate with a team to successfully prepare and present a competitive moot

Course intended learning outcomes (CILOs)

This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:

  • Critical Analysis and Evaluation
    A capacity to think critically, strategically and creatively, including the ability to:
    a. Identify and articulate legal issues in context, including the skill of critical reading and writing;
    b. Apply reasoning and research to generate appropriate responses;
    c. Engage in critical analysis and make a reasoned choice amongst alternatives; and
    d. Think creatively in approaching legal issues and generating appropriate responses. (LAW.3.1)
  • Research skills
    Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (LAW.4.1)
  • Communication
    Effective and appropriate communication skills including:
    a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
    b. An ability to communicate to inform, analyse, report and persuade;
    c. An ability to strategically select an appropriate medium and message;
    d. An ability to assess how messages are received and alter communication strategies accordingly; and
    e. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.5.1)
  • Collaboration
    Effective and appropriate collaboration skills in working together to achieve a common goal in a group learning environment or the workplace including:
    a. An ability to give and receive feedback;
    b. Appropriate professional and interpersonal skills in working collaboratively;
    c. A capacity to develop strategies to successfully negotiate group challenges; and
    d. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.6.1)

Teaching and learning strategies

Strategy 1 – Independent research preparation and advice

Independent learning is central in this subject and each student undertakes substantial work to research and prepare for the moot, both independently and guided by their coach and academic advisor. However, competition rules are strict and limit the scope of help available from the coach and others not on the team.

This element of the mooting process is similar to a substantial research project with students locating, analysing and evaluating in detail the primary and secondary sources necessary to prepare complex pleadings for both sides. The specific mooting problems are circulated to students by the organisers of each competition (on websites, etc). Working with the breadth of resources available for contemporary questions, students research one of the issues defined in the problem, critically analysing and synthesising information and materials. Students also work in teams to find good examples of moots online (for example, The Price Moot Resources for Participants - Learning from Experience http://pricemootcourt.socleg.ox.ac.uk/ and their Youtube channel), independently evaluating their quality to learn from the specific communication skills and successful competition strategies of other winning moot teams.


Strategy 2 – Developing Written Submissions

Students utilise their research to write and contribute to written submissions from the applicant and respondent within a maximum length prescribed. These submissions involve both individual work and working with other team members cooperatively. Drafts of submission are submitted to the coach who provides feedback on legal analysis and matters of style, written expression, grammar and compliance with the moot rules. Students incorporate this feedback in their preparation of further drafts and final edits. The contribution of each student is critical to the team’s performance as a whole and any delay in submission of memorials may result in penalties for the entire team and impact on the mark and grade awarded to each student for this subject.


Strategy 3 – Collaborative Teamwork and Coaching

Teamwork and collaborative effort are the hallmarks of mooting and an essential learning strategy in this subject. There are no formal classes and students collaborate amongst themselves and also contribute to regular team meetings and practice moots. The frequency and timing of meetings will vary throughout the duration of the competition and will be mutually agreed. Working closely with their team on research and submissions as they prepare for practice moots, together students identify the strongest and weakest points from their submissions to use in their respective roles. In team meetings and practice moots students ask questions of their peers, coach and/or academic advisor to get feedback on their progress in written and oral mooting skills and outputs to develop their learning. Student teams also work closely with their coach and/or faculty advisor to develop their written communication and advocacy skills through feedback and consultation. The final mark for the subject is usually awarded as a group mark, therefore, the contribution of each student is critical to the team’s performance as a whole. Any delays in submissions results in penalties by the competition administrators to the entire team and impacts upon the mark and grade awarded to each student for this subject.

Strategy 4 – Practising Mooting with Feedback

Practice moots provide a valuable experience and enable students to consolidate their research and writing and develop their advocacy skills. Students are also able to receive substantive feedback prior to any formal competition. If the team qualifies for the national rounds of the competition students undertake intensive mooting practice prior to participating in the oral rounds. Students can expect to practise several times each week under the guidance of the team coach and in practice sessions before judges (including experienced mooters, former competitors, members of the legal profession, academics and members of the judiciary) in the weeks prior to the competition.


Strategy 5 – Ongoing Feedback

Students receive ongoing feedback during the different stages of each competition. They reflect upon their own and their team’s oral and written submissions and performance. They also receive oral and written feedback from their coach, faculty advisors and external judges during meetings, and at the conclusion of each practice moot throughout the subject. All feedback is structured to comply with the rules of the competition and formal assessment results are not available until after the conclusion of the international rounds each year.


Subject Delivery:

There are no formal classes for this subject. Students work independently, in teams, and contribute to regular meetings with a team coach and faculty advisors. The frequency and timing of the meetings is mutually agreed upon and varies throughout the competition, however the workload in this subject is particularly demanding. The rules for this competition do not allow any further coaching or supervision. Successful teams are fully funded by the faculty (including airfares, accommodation and competition expenses). Please Note: The Subject Coordinator is the first point of contact for any questions about the administration of the subject or assessment.

Content (topics)

The annual Price Media Law Moot Court Competition official case for the International Rounds and the Regional Rounds is published on the website http://pricemootcourt.socleg.ox.ac.uk/ . The cases focus on complex and current issues of international and domestic law concerning freedom of expression and thought, privacy and other legal and social issues that impact upon the media.

Assessment

Assessment task 1: Submission of Memorials for Price International Law Moot Competition

Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3, 4 and 5

This task contributes specifically to the development of the following graduate attributes:

LAW.3.1, LAW.4.1, LAW.5.1 and LAW.6.1

Weight: 84%
Length:

Approximately 5000 words per student (rules may vary annually)

Criteria:
  • Identifies relevant international legal principles, legal and jurisdictional issues arising in international law (SLO 1, 2; GA 3, 4, 5)
  • Strategically applies legal research including a wide scope of scholarly articles, international treaties and international and domestic case law (SLO 1, 2, 3; GA 3, 4, 5)
  • Critically-analytical and reflective engagement with the moot question and issues (SLO 1, 2, 3; GA 3, 4, 5)
  • An original argument based on the application and targeted use of facts and authorities appropriate to the problem (SLO 1, 2; GA 3, 4, 5)
  • Balanced and persuasive responses to opponent’s argument (SLO 1, 2, 3; GA 3, 4, 5)
  • Coherent, logically-staged and persuasive written memorial in formal legal style, including proper referencing (OSCOLA) (SLO 1, 2, 3; GA 3, 4, 5)
  • Ability to follow the guidance and directions of the coach and all feedback implemented to improve preparation and performance (SLO 3; GA 3, 5)
  • Collaborative preparation of submissions as part of a cooperative team. (SLO 5; GA 3, 5)
  • Compliance with obligations to the court. (SLO 1, 3, 5; GA 3, 4, 5)

Assessment task 2: International Oral Submissions Bonus

Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3, 4 and 5

This task contributes specifically to the development of the following graduate attributes:

LAW.3.1, LAW.4.1, LAW.5.1 and LAW.6.1

Weight: 16%
Length:

see Further Information

Criteria:
  • Original argument based on application and coherent use of facts and authorities appropriate to the moot problem (SLO 1, 2; GA 3, 4, 5)
  • Focused, integrated and logically-staged persuasive argument (SLO 1, 2, 3; GA 3, 4, 5)
  • Professional oral delivery (volume, pace, composure) (SLO 1, 3, 5; GA 3, 4, 5)
  • Responds effectively to opponent’s argument (SLO 1, 2, 3; GA 3, 4, 5)
  • Responds to questions from the Bench in a focused and succinct manner (SLO 1, 2, 3; GA 3, 4, 5)
  • Professional courtroom etiquette when dealing with the Bench (appropriate manner and language, and professional dress) (SLO 1, 2, 3; GA 3, 4, 5)
  • Feedback implemented to improve preparation and performance (SLO 3; GA 3, 5)
  • Collaborative preparation and submission (SLO 5; GA 3, 5).

Required texts

The required text that students are expected to read on mooting is: Joel Butler and Terry Gygar, Australasian Mooting Manual (Lexis Nexis, 2nd ed, 2012).

There is no specific legal text, and materials will vary each year depending on the issues arising from the moot question.

Price Media Law Moot Court Programme website has Resources for Participants including videos and a Youtube channel - http://pricemootcourt.socleg.ox.ac.uk/

Other resources

The Faculty of Law's Guide to Written Communication can be downloaded at:

https://www.uts.edu.au/sites/default/files/law-guide-to-written-communication.pdf