Step 2: Working Out Your Main Argument
Okay, after a quick look at the casebook, you should be beginning to get an idea of what the case is about. The next step is to work out exactly what you are trying to argue, so that you can begin to identify and find authority for points in your favor. Unfortunately, this is not easy, and is a point where many first time mooters can become very confused.
Appellants/Respondents/Plaintiffs/Defendants
Some confusion will inevitably arise over terminology at this point.
"Plaintiff" is the one who sues another and "defendant" is the one who is sued.
"Appellant" is the one who appeals against the court decision and "respondent" is the one who is trying to reaffirm the court decision.
Here is an example.
Supporting an Argument
There are a number of ways to support a legal argument:
(http://www.mootingnet.org.uk/first.html#argument)
Appellants/Respondents/Plaintiffs/Defendants
Some confusion will inevitably arise over terminology at this point.
"Plaintiff" is the one who sues another and "defendant" is the one who is sued.
"Appellant" is the one who appeals against the court decision and "respondent" is the one who is trying to reaffirm the court decision.
Here is an example.
- Smith sues Jones over negligent work.
- Smith = plaintiff
- Jones = defendant
- Smith wins. Jones appeals against the decision to the Court of Appeal
- Smith = plaintiff and respondent
- Jones = defendant and appellant
- Jones wins. Smith appeals to the Supreme Court.
- Smith = plaintiff and appellant
- Jones = defendant and respondent
- Appellants, (in Supreme Court case): You are appealing against the decision made in the Court of Appeal. The Court of Appeal judgment is often stated in the problem, and you must argue against the reasons given in that judgment. You are usually helped by a statement of the grounds of appeal. These are the points which you must argue.
- Appellants, (in Court of Appeal case): You are appealing against the decision of the judge at first instance, i.e. the original court where the case is tried. This is generally a Crown Court or a High Court judge, depending on the type of case. Your must argue against the reasoning of the first instance judge, and support the grounds of appeal.
- Respondents, (in Supreme Court case): You must respond to the grounds of appeal put forward by the appellants, as your aim is to have the Court of Appeal judgment reaffirmed. It is usually necessary to argue the opposite of that stated in the grounds of appeal.
- Respondents, (in Court of Appeal case): You must respond to the grounds of appeal put forward by the appellants, as your aim is to have the decision of the original court reaffirmed. You must argue the opposite of that stated in the grounds of appeal.
Any decisions in the Supreme Court which support the first instance decision are likely to be binding on the Court of Appeal, and respondents should carefully argue why such authorities should be applied in this case.
Supporting an Argument
There are a number of ways to support a legal argument:
- Authority
- Reason and logic
- Policy arguments
(http://www.mootingnet.org.uk/first.html#argument)