76900 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.

Note

This subject is only for students who have been selected to represent UTS Law in a mooting competition, and as per the subject description, selection is via a competitive process. Students interested in mooting, are encouraged to get involved with the program run by the Law Students' Society. More information on the LSS website.

Description

This subject offers students the opportunity to participate in a variety of national mooting competitions for credit towards their degree. Mooting is a mock-court experience where students argue questions of law and develop their ability to persuasively argue a case in court and become intimately familiar with relevant law through research, gaining a different perspective on their courses and careers. It is an exciting way to gain high-level courtroom skills and research experience, and participation in a mooting team is coveted by high-achieving law students and future employers scoping talent.

Several months of preparation is required to participate in a mooting competition and students work in teams to develop their understanding of the area(s) of law to which the moot in question relates and prepare written memorials that consist of submissions for the applicant and the respondent. Students also participate in intensive advocacy training prior to the oral rounds of the competition. Selection for a mooting team is competitive and calls for expressions of interest from students are made each year. Students in this subject need an above-average academic record and demonstrate strong research and writing skills. New law students are encouraged to sharpen their mooting technique through junior level competitions run by the UTS Law Students' Society.

The moots available for completion of this subject are the Torts Moot and Gibbs Constitutional Moot, with other mooting opportunities sometimes available (for example, Family Law Moot, AAT Moot). Completion of this subject enables students to apply for other competitive, merit-based, international inter-varsity moots coached by experienced academics to further develop their capabilities. For current opportunities and further information on mooting competitions see the UTS:Law Mooting pages at: https://www.uts.edu.au/future-students/law/beyond-classroom/mooting-competition-program

Subject learning objectives (SLOs)

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. Students carry out the detailed research 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, YouTube videos of previous finals of the Price Moot), 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 individually 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 submissions 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.

Strategy 3 – Collaborative Teamwork and Coaching

Teamwork and collaborative effort are the hallmarks of mooting and an essential learning strategy in this subject. Students collaborate amongst themselves and also participate in regular team meetings and practice moots. 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 obtain 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 submission of memorials / written 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. Official feedback is also provided after the completion of the competitions. All feedback is structured to comply with the rules of the various competitions.

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. 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 specific mooting problems for each competition focus on complex and current issues of domestic law.

Assessment

Assessment task 1: Preparation of memorials (written submissions)

Assessment task 2: Participation in mooting competitions

Required texts

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. Numerous online resources are made available to competitors by the competition organisers each year.

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