Step 1: Getting Started
1. Read the materials
Familiarize yourself with the major legal and factual points of your case. If you’ve been given any example briefs or bench memos, review these very carefully. The goal of your oral argument is to state the best points for your side persuasively and forcefully, to clarify points not well made in the written materials and to address weaknesses in your case as well as counterpoints to your opponent’s arguments.
2. Know the facts of the case
You should know and understand every page that makes up the record. During oral argument, you should be the expert on the facts and be able to field any questions from the judges regarding the record.
The facts of the case are not in dispute
No matter how little you dislike the fact that Johnny X was found to be dishonest, if it states this in the facts of the case, and it is not disputed in the points of appeal, you cannot argue against it. The appellate court does not have access to the evidence which was in front of the original court, and so cannot dispute the findings it made on the basis of that evidence.
The moot argument is on the law, not on the validity of any factual evidence.
3. Read the important authorities relied upon by each side
Some moot court judges will be familiar with at main authorities, so be prepared for questions on the holdings of these cases as well as the reasoning behind the relevant holdings. If you don’t have time to read the entire opinion, then read the court’s disposition on the issue, the relevant issue section and how the court applied their reasoning to the facts. At the very least, you need to be able to understand how this case applies to your case, how the facts are similar or different and how the court ultimately ruled.
Familiarize yourself with the major legal and factual points of your case. If you’ve been given any example briefs or bench memos, review these very carefully. The goal of your oral argument is to state the best points for your side persuasively and forcefully, to clarify points not well made in the written materials and to address weaknesses in your case as well as counterpoints to your opponent’s arguments.
2. Know the facts of the case
You should know and understand every page that makes up the record. During oral argument, you should be the expert on the facts and be able to field any questions from the judges regarding the record.
The facts of the case are not in dispute
No matter how little you dislike the fact that Johnny X was found to be dishonest, if it states this in the facts of the case, and it is not disputed in the points of appeal, you cannot argue against it. The appellate court does not have access to the evidence which was in front of the original court, and so cannot dispute the findings it made on the basis of that evidence.
The moot argument is on the law, not on the validity of any factual evidence.
3. Read the important authorities relied upon by each side
Some moot court judges will be familiar with at main authorities, so be prepared for questions on the holdings of these cases as well as the reasoning behind the relevant holdings. If you don’t have time to read the entire opinion, then read the court’s disposition on the issue, the relevant issue section and how the court applied their reasoning to the facts. At the very least, you need to be able to understand how this case applies to your case, how the facts are similar or different and how the court ultimately ruled.
(http://blog.legalsolutions.thomsonreuters.com/law-school-1/tips-moot-court-tryouts-7-steps-preparation/#sthash.Lv9LY8X5.dpuf)
(http://www.mootingnet.org.uk/first.html#facts)
(http://www.mootingnet.org.uk/first.html#facts)