78263 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.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): (22 credit points of completed study in spk(s): C04264 Master of Legal Studies OR 22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies)) OR ((142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice OR 94 credit points of completed study in spk(s): C04236 Juris Doctor) AND 70106c Principles of Public International Law AND 70107 Principles of Company Law) OR ((70106 Principles of Public International Law OR 94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice)
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses. See access conditions.
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 QUT 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 UTS:Law Mooting Competion Program.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | A capacity to think critically, strategically and creatively, including an ability to identify and articulate legal issues, apply reasoning and research, engage in critical analysis and make reasoned choices. |
|---|---|
| 2. | Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. |
| 3. | Well-developed ability to clearly and succinctly develop legal arguments in written submissions cooperatively with others and develop advanced advocacy skills. |
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 an ability to:
a. Identify and articulate complex legal issues in context, including the skill of critical reading and writing;
b. Apply reasoning and research to generate appropriate theoretical and practical responses; and
c. Demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses. (3.1) - Research Skills
Specialist cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues including an ability to:
a. Demonstrate intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions; and
b. Apply ethical research practices. (4.1) - Communication
Well-developed professional 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 inform, analyse, report and persuade;
c. An ability to strategically select an appropriate medium and message;
d. A cognisance of advanced communication technologies and willingness to adopt where appropriate; and
e. An ability to respond respectfully. (5.1)
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 with Feedback
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.
Assessment
Assessment task 1: Preparation of memorials (written submissions)
| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 3 This task contributes specifically to the development of the following graduate attributes: 3.1, 4.1 and 5.1 |
|---|---|
| Weight: | 100% |
| Length: | approximately 4000 words |
| Criteria: |
|
Assessment task 2: Participation in mooting competitions
| Objective(s): | This task addresses the following subject learning objectives: 1 and 3 This task contributes specifically to the development of the following graduate attributes: 3.1 and 5.1 |
|---|---|
| Weight: | Mandatory task that does not contribute to subject mark |
| Criteria: |
|
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.