Post #17: PART V: All About Mooting - Part IV - Oration & Handling Questions from the Bench
So, we have covered a bit about writing introductions for submissions, under PART I of the Mooting Guide, and about writing submissions under PART II of the Mooting Guide, and PART III, on writing conclusions. Part IV has discussed how to organize your moot binder, and the types of questions to expect from judges, and tips on answering them.
PART V will discuss important tips related to all aspects of mooting, and frequently asked questions.
Fariya's Guide to Mooting Successfully - Part V - Frequently Asked Questions & Tips
Overview
These tips are aimed to guide you to improve your mooting technique, and answer any questions you may have.
Tips
- "Mooting is like a Recipe" (Quote from Anthony Simone, 3L, Class of 2014)
This mooting guide, and really all tips related to mooting, are like a recipe. You can follow the instructions, but the best meals/presentations are the ones that have your own flavour. People may tell you to use your hands less, to be less/more aggressive, to stop shifting, etc. but your style and flavour should not be lost in your presentation.
- Refrain from saying the words "I or We"
When referring to yourself, or your side, always refer to your thoughts as "The Appellant submits" or "It is the Respondent's position". Anytime you feel the need to say "I think" or "I feel", replace that with "The Appellant" or "The Respondent".
- Don't Thank the Justices for their Question
Apparently, Judges don't like being thanked for their questions. Who knew being polite could be patronizing? Instead, just pause, think of your answer, and answer the question. If really necessary, ask the court for a moment to consider their question.
- Be careful of "filler" words
In line with the above tip, be careful with your filler words on questions. I tend to find that students are scared to pause after getting a question, and use filler words like "thank you justice", "it is the Respondents position" (<-- this is fine when used once in a while, but if you say this before every answer, it gets very repetitive).
- Limit the use of the word "Respectully"
Apparently this is another word Justices dislike - when you say "Respectfully Justice, the respondent disagrees", the bench doesn't consider it very respectul. If you disagree, just say "Justices, the respondents' position would better be characterized as..." or something else.
- Don't list your paragraph submissions in your roadmap
I know the sheet your Professors gave you suggests you should have your paragraph references in your roapmap/intro and you are welcome to double check with your Professor about the recommendation I am making: don't put your paragraph references in your road map. It is very distracting for judges to hear a quick succession of paragraph references, as below, and I would strongly recommend you DO NOT do this:
In support of my submission that a section 8 violation, I will make three submissions:
1) That the accused had a reasonable expectation of privacy - found at paragraph 18
2) That the expectation of privacy was objectively reasonable - found at paragraph 26
3) And that an unreasonable search occured - found at paragraph 34.
I've also seen students make their three submissions without paragraph references, and then say "These submissions can be found at paragraph 18, 26, and 34 respectively".
What is the benefit of these references? They are being said so quickly, that the judges don't really have a chance to write them down, and they don't have time to flip to the relevant paragraph in the factum, which is what the point is of giving a paragraph number in the first place.
I would recommend that you hold off on the paragraph submissions in the roadmap. Instead, I would add them into your transition into submissions, and wait for the judges to turn to that location in your factum, before continuing. See the examples below:
- "Beginning with my first submission, which can be found at paragraph 18 ...."
- "Moving to my second submission, which can be found at paragraph 26 ..."
- "Finally, moving to my third submission, found at paragraph 34"
- Don't ask the judges "can I return to my submissions?"
Don't ask to return, use your discretion. When finished your answer, look at the judges, and see if anyone wants to follow up. Once in a while, after a particularly long questioning, you can say "Returning to my submission, on reasonable and probable grounds", but most of the time, just simply return to your submission. You can use transition sentences such as "Justice, your question brings me directly to my second submission, which I will turn to now".
- Watch the "ums", "ahs", etc.
It is not something we notice, but we all add in these filler ums and ahs. Getting rid of these just come from practice, and being cognisant
- When answering questions, make eye contact with all judges.
When answering a question, do not only make eye contact with the judge who asked the question. Direct your answer to the entire bench, and make eye contact with all of them.
- Print on single-sided page, on the top half only.
In case you didn't read it in Part IV:
First, when I print out my submissions, I print them out in large font - somewhere between size 18 and 22. The large font makes the submissions easy to see, which is important when your binder may on a podium that is lower than your normal reading level.
Second, when I space my submissions, they are often double or triple spaced, and I only print submissions on half a space, printed single-sided. The double-spacing makes it much, much easier to read your submissions when on the podium. Single spaced makes your binder looks like a big chunk of words. I only print submission on half a page, which is my secret trick (well, not so much anymore because I am sharing it with you! :)) and single-sided to limit my head movements. If I am reading all the way down to the bottom of the page, you can see my head moving all the way down, and double-sided means my head is constantly flicking left to right. If I only print on half the page, I can actually see the page without moving my head, or by moving it very little. Printing single-sided is also beneficial because the ink on the previous page doesn't bleed into or shadow the page you are currently reading.
Third, I begin each submission on a new page. I find that if a judge is asking me a lot of questions on submission 2, that, through my answers, covers all of the submission, I might just skip directly to submission 3. As a result, I want that on a clearly identifiable new page. I often write a bolded heading
- Dress professionally
Dress professionally from head to toe! Wearing a collared shirt, and then leggings & boots is completely inappropriate. The fact that you have a gown on does not preclude you from wearing profressional clothes. Judges can come in jeans (and they often don't - they often wear professional clothes) - but as a mooter, there is NO excuse for that.
- Keep your face visible
I notice this with female mooters especially, whether your hair is short or long. Students either keep touching their hair to move it back, or keep flicking their face to move the hair out of the eyes. This is very distracting. tie your hair back.
- Know your partner's arguments
Especially if you are the last person speaking, know your partner's arguments. I have watched several moots where the judges have taken the second Appellant or Respondent back to an element of the first Appellant or Respondent's argument, and the student is unable to answer a basic question in that area. There is NO excuse for that.
- Recognize this Moot as Preparation for Real Life - and Be Respectful of Your Judges Time.
Generally, when TAs schedule a bench for you, they inquire if the judges are personal friends with the mooters. Outside of a personal connection, mooters should NOT ask a judge to recuse themselves. The fact that an upper year student held a practice bench with one team does not (i) make them biased or (ii) if they are biased, make them so biased that they would be unable to impartially judge the moot. The reality is, several upper year students conduct numerous practice benches. Doing so does not make the student judge any more inclined to one team or another. It is extremely unprofessional to ask a student judge who has put in several hours to preparing for you moot (reading your facta, making comments, etc.) and then woken up early or missed dinner to attend your moot, to then recuse themselves 3 minutes before the moot begins.
In reality, when you go to court, you could be facing an opposing counsel that is several years older than you, and several years more experienced than you. The fact that counsel is more experienced, for example, doesn't let you complain and ask for a change in counsel. Furthermore, the judge may have seen your opposing counsel in court several times before, and never seen you - this doesn't mean you can ask the judge to recuse themselves in real life! And judges and lawyers are often friends - that doesn't make the judge biased.
In the same way, recognize that your moot is a first year moot, and preparation for real litigation. Some complaints are genunine - maybe the upper year student on the bench is dating a first year student mooting - that may illict bias. But maintain your reputation and composure by putting on the best moot possible, rather than attacking the judges.
- Thank the Judges when you done!
Frequently Asked Questions
1. Will I get a lot of questions/Will the judges be prepared?
While I can't guarantee your judges will be prepared, I can say that most of these students who have volunteered their time, will have read the bench brief (a memo on the law and the facts) and your facta. The judges will likely ask you some questions, and judge your ability and reactions. Tough questions, and lots of questions are a good thing. You are being asked these questions because the judges think you can handle it. Don't be afraid - you know this case better than any upper year student judge.
2. Is there a chance I could fail?
If you throw a chair or don't show up, you could fail. If you get up and try your best, you will pass. Even if you faint at the podium, you will likely pass.
Consider the moot a wonderful opportunity to experience law in a courtroom. Don't feel obligated to be as incredible as Eddie Greenspan or Pat Ducharme.
3. What do I do if the judge asks me a question that I will get to later in my submissions?
If you are about to get to that point in a couple sentences: move right to that submission. To tell a judge you will address it, and then discuss it 30 seconds later is a bit silly.
If you are addressing that point in a different submission, answer the question in a couple of sentences, and indicate you will expand in another submission.
If the judge asks you something at the end of your first submission that you are addressing in the second submission, move straight there and say "Justice, your question brings me to my second submission, found at paragraph X. In response to your questions...."
4. What do I do if I run out of time during my submissions/while answering the questions/during my conclusion.
If you are in your submissions & you see the one minute mark, say to the judges "Justices, I see my time is concluding. I rely on my factum for the remainder of my submissions, and I will now move to my conclusion."
If you are answering a question, and you get the time is up sign, stop immediate and say something such as: "I see my time is up, may I have a couple minutes to answer your question, and to conclude?"
If you are in the middle of your conclusion & time runs out (which is a position you don't want to be in), stop immediately and say "I see my time is up, may I finish my conclusion?"
Best of luck on your moots!
* Disclaimer: The above post is entirely of my own opinion, and was not counseled by Windsor Law or reflective of the thoughts, opinions, or attitudes of any other Windsor law staff or students. Individuals reading this post should read it only as a personal opinion piece, not as academic or career advice.
~ Fariya Walji
2013-2014 PMP Student Coordinator