MOOTCOURT COMPETITIONS HANDBOOK
STNETNOC
FO ELBAT
01 What is a Moot Court
02
?
Why should you take part
03 International MCCs
04 Mooting Procedures
05 How to Moot
06 What
judges look for
07 Rules of Mooting
08
Court Conduct
Code
&
Dress
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WHAT IS A MOOT COURT A moot court consists of teams of participants who take part in simulated court proceedings in relation to a particular legal field. Participants “moot” their way through various rounds, acting as legal representatives for fictitious parties in a case in court. Therefore, taking on the role of a legal practitioner.
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ELSA Malta hosts 2 national moot court competitions every year, and participating teams have the opportunity to win amazing prizes!
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WHY SHOULD YOU APPLY Unique opportunity to argue and litigate in front of real-life judges Improve your legal knowledge Develop your skills in persuasive writing and researching Receive feedback from judges and lawyers
Looks great on your CV Amazing practice for the compulsory moot courts in 3 rd and 5 th year Increase your self-confidence A certificate of participation is awarded to all the participants
ELSA INTERNATIONAL MOOT COURT COMPETITIONS
Due to the ELSA’s international aspect, teams from the 44 networking countries have the opportunity to take part in 2 prestigious mooting competitions; the Helga Pedersen Moot Court Competition (previously the European Human Rights MCC), and the John H. Jackson Moot Court Competition. The former is based on human rights and is sponsored by the Council of Europe, and the latter is sponsored by the World Trade Organization. The final of the Helga Pedersen Moot Court Competition takes place at the European Court of Human Rights in Strasbourg, meanwhile the final of the John H. Jackson Moot Court Competition takes place at the WTO headquarters in Geneva, Switzerland.
HELGA PEDERSEN JOHN H Gain practical experience comparable to real pleading in front of the European Court of Human Rights
Every member of the winning team is invited for a traineeship at the European Court of Human Rights.
Provides a unique opportunity for students to experience the principles and implementation of the European Convention on Human Rights firsthand
.
JACKSON
Participants have the opportunity to make contacts with people from all around the world. The Competition is global and the participants usually come from more than 35 different countries
Enhance your knowledge on international trade law and WTO dispute settlement procedures, as well as enhance your capacity for meaningful engagement in multilateral trade in the long term
The competition provides you with a unique chance to meet face to face top trade law experts and WTO professionals
HOW DOES A MOOT COURT WORK Teams of 2 are given a fictitious case, in which they need to prepare and research for, and are expected to plead and argue on behalf of either the plaintiff or defendant of the case.
If you are not able to enroll as a team, ELSA Malta will randomly pair you up with another participant and you will be joined together as one team!
The procedure of a moot court imitates the procedure which is followed in court. Teams are allotted a specific amount of time to present their arguments in front of the judge, and the best teams move forward to the next rounds until reaching the final round and a winning team is chosen.
HOW TO MOOT ’
Here are some of ELSA Malta s tips to help you
!
ace your moot court competition
Research the case well and make sure that all of your information is organised in order to have control over your arguments.
Unless it is essential, try not to deviate from established principles.
Use a formal tone and a lively form of delivery so that the judges stay interested in what you are saying.
Use the correct language, including body language. Do not be afraid to move or use hand gestures as this will show confidence.
Demonstrating teamwork is important! Do not interrupt your colleague while they are making their argument.
We recommend that you do not read off a paper as it is highly looked down upon.
Structure your argument with your teammate from beforehand and decide in what order will you and your teammate be addressing the court.
Back any legal argument with a reference, just in case the judge asks.
Address the judges using the correct
Refrain from quoting whole articles of
terminology, i.e. ‘Your Honour’ or
the law as it is presumed that the
‘Honourable Mr/Madame Justice’
judge already knows this.
Remember to bring with you any
It is encouraged to refer to case law in
information or research notes with you
your arguments – although Malta does
to the competition and set them up in
not have a common law legal system,
an easy understandable manner for
judges do take note of previous case
referral during the session.
law.
Remember that YOU are the protagonist in a court room, therefore make sure that you standout in such a way that your argument is remembered afterwards.
Always listen well to the opposing party as they might have errors in their arguments which could be in your favour to help you win the competition.
Keep your arguments short and direct.
,
.
Overall remember to HAVE FUN AND BE CONFIDENT This is your opportunity to act like a lawyer so make sure to
!
give it your best and make the most of it
MOOTING ONLINE DUE TO THE COVID-19 PANDEMIC, MOOT COURT COMPETITIONS HAD TO BE HELD ONLINE INSTEAD OF THEIR USUAL SETTING AT THE LAW COURTS. IF EVER FACED WITH AN ONLINE MOOT COURT COMPETITION, KEEP IN MIND THE FOLLOWING TIPS;
01.
03.
Make sure that your mics are unmuted only when it is your time to speak or argue.
Drinking and eating while your camera is turned on is discouraged.
02. Your cameras should be on when it is your time to speak or argue, remember that you still need to act as if you are in a court setting.
04. Do your best to eliminate all unnecessary distractions since you are in a home setting.
05. Appropriate attire should still be worn.
06. Try to have the best stable internet connection.
07. If any technical difficulties arise, make sure to inform the organiser immediately or as soon as possible.
WHAT
A JUDGE
LOOKS FOR Although not every moot court competition is the same in terms of
,
procedure and legal topic
,
however judges mostly always look for certain factors that would ultimately crown a winning
.
team These factors are
;
the following
COMMAND OF THE ISSUES
01.
Whether there is recognition of a legal issue Showing display of general knowledge to the legal issue The weighting of legal issues
ARGUMENTATION
02.
The logic, reasoning, ingenuity and persuasiveness behind your arguments
STYLE
03.
The organisation of your legal argument The ability to utilise legal language
LEGAL ANALYSIS
04.
Identification of the applicable treaties or law Identification of the applicable jurisprudence Application of the law to the facts of the case Analysis of the law to the facts of the case
MOOTING RULES In order to have a fair, and smooth-running moot court competition, all teams are expected to take note of and observe the following rules as they govern the competition. If the organiser finds a violation of any of these rules, it can lead to a deduction of points or ultimately disqualification. A.
D.
It is important not to exceed the time allotted to you for pleading and presenting your arguments. However, a team may request some extra time and if granted, they can continue pleading their argument.
No team or one of its members is allowed to attend a hearing in which they are not participants. Therefore, any scouting of the competition is not allowed and could result in disqualification.
B.
E.
Respect your teammate and the opposing teams during the entirety of the competition.
Any production of video and/or audio recordings during any of the oral pleading rounds is not allowed.
C. Courtroom etiquette must be kept in mind at all times. Action will be taken against any of the competitors if any rude and/or misappropriate behaviour takes place.
COURT CONDUCT
&
DRESS CODE Wearing the proper attire to the Courts of Justice or any courtroom is
.
of crucial importance According to Rule
(
4
of the Court Practice and
)
(
Procedure and Good Order Criminal Code Rules of Court Legal Notice
280
of
2008),
entry into any court premises may be refused if any
.
,
person is not properly dressed Therefore whether a moot court
,
,
,
,
competition is held at the law courts or online or any other premise
.
wearing the adequate attire is expected
;
Unacceptable attire includes
Tight, sheer, and/or low-cut clothing of
Tank tops/halter tops, clothes with
any style.
narrow shoulder straps. Hats and hoodies
Shorts, ‘Bermudas’ or cropped trousers (trousers must be full length) Clothing that is dirty, torn, or ragged
Flip flops or sandals without a back strap
Clothing with offensive, vulgar, racist, sexist, obscene, or suggestive words, slogans, depictions or pictures
If you have any questions contact us on info@mt.elsa.org mootcourts@mt.elsa.org