Theoretical overview
ORAL ARGUMENTS/PLEADINGS :
After the judges are introduced by the bailiff and have taken their seats, the president will invite the first Applicant to present their oral pleadings to the court. As stated in the Rules of the Competition, the order of the pleadings in each oral round at all levels of the Competition is:
- Applicant 1 (minimum 15 and maximum 25 minutes) then Applicant 2 (minimum 15 and maximum 25 minutes);
- Respondent 1 (minimum 15 and maximum 25 minutes) then Respondent 2 (minimum 15 and maximum 25 minutes);
- Rebuttal (Applicant 1 or 2, maximum 5 minutes);
- Sur-rebuttal (Respondent 1 or 2, maximum 5 minutes).
Only two (2) team members shall present the arguments during an oral round, and the maximum time allotted for a team’s oral pleadings, including answering questions from the Moot Court judges and rebuttals may not exceed forty five (45) minutes per team. When assessing the participant’s oral arguments, judges should base their criteria on the participant’s Knowledge and Use of Facts, Knowledge of the Law, Structure of Argument, Quality of Argument, and Overall Presentation skills (Style, Articulation, Time Management). How the participant analyses the facts presented in the case, cites legal authorities, rebuts the opponent’s arguments, and structures and delivers rational, justifiable legal arguments are all critical criteria to consider when assessing the overall team’s performance. Additionally, judges should take into consideration how an oralist manages time as well as the style and composure of the oralist. The ability to present and adequately address critical issues within the allotted time constraints separates a skilled mooter from a novice. Judges should also consider how participants demonstrate clarity of speech, a high level of confidence, and proper court room etiquette. Finally, judges must consider the overall persuasiveness of the argument and whether it passes muster in law.
Oral Rounds Checklist
- Did the oralist introduce him/herself?
- Did the first oralist introduce co-agents and ask the court if they wanted a summary of the facts of the case?
- Did the first oralist indicate the amount of time allocated for the oral pleadings and which submissions will be respectively addressed by each team member?
- Did the oralist provide a structured road map outlining the oral pleadings?
- Did the oralist deliver a persuasive and well-structured argument grounded in law? ∙ Did the oralist demonstrate a strong understanding of the facts presented in the case and subsequently utilise them to advance their argument?
- Did the oralist compose succinct, coherent and direct responses to the judges’ questions?
- Did the oralist properly cite sources and legal authorities?
- Did the oralist demonstrate the ability to apply the law to the facts of the competition case?
- Did the oralist provide an adequate conclusion that added value to their overall oral pleadings?
- Did the oralist from the Applicant side limit the rebuttal to the scope of the Respondent’s oral pleadings? (Remember that no new arguments are meant to be introduced during the rebuttal)
- Did the oralist from the Respondent side limit the Sur-rebuttal to the scope of the Applicant’s rebuttal? (Remember that no new arguments are meant to be introduced during the sur-rebuttal)
- Did the oralist communicate effectively (for eg., speak slowly, confidently and clearly)?
- Was the oralist respectful to both the judges and opponents, as well as present themselves in a professional manner?
- Did the oralist manage and make effective use of their time?
In addition to the above responsibilities, judges must note that verbal or written communication between the oralist in progress of presenting a team’s submissions and the respective team’s counsel table is strictly prohibited. Speaking is prohibited at the counsel table, and thus team members may only communicate in writing. The counsel normally consists of the two current oralists presenting the same position on behalf of a team, and the third team member who argues the opposite position may also assist and serve of counsel. The coach is not permitted to sit at the counsel table, and no more than three team members can be off-counsel. Finally, team participants may not have at the counsel table or podium electronic devices, including laptop computers, mobile phones, PDAs, or digital watches. Teams are instructed to raise rule violations of this nature and others before judges deliberate on the result and the scores. Judges must be aware of this possibility and take this into consideration whilst deliberating. In the event of a dispute that judges are unable to resolve, please request to see the Moot Administrators at the earliest, who will be the final arbiters and provide guidance.
Style of Judging
Judges are expected to question and challenge oralists to seek clarification and assess their knowledge of the law. Judges are encouraged to adopt styles that they are most comfortable with. It is important to remember at this stage that the role of the judge in a Moot Court Competition is one that is meant to encourage rather than discourage – it is thus advisable to avoid the extremes and be neither very passive nor very aggressive. In essence, the role of the judge is to play an active part and test the legal dexterity of the participants on facets of the problem that you consider to be important. The experience for teams is far more rewarding when a judge engages oralists with questions in a manner that provides an accurate simulation of a court room setting. Thus, judges are allowed to and encouraged to interrupt the participant in order to seek clarification of their legal argument. Some judges prefer to ask questions that require the participant to respond with a ‘yes’ or ‘no,’ while other judges prefer to ask questions that require the participant to generate a more comprehensive response. These questions should not be meant to overtly challenge the participant’s argument, but instead should be forwarded as a means to assess the participant’s calibre and the quality and justification for their argument. Either way judges should be aware of the time limitations of oralists, and avoid engaging in lengthy dialogue which would not allow the oralist to resume the presentation of their submissions. We kindly ask that judges establish a balance and accepted medium that does not attempt to overburden nor intimidate participants, and is equally applied across all participating teams.
Other Responsibilities
Judges must ensure that they maintain teams’ anonymity by not enquiring which university they are from prior to judging their round. This is to ensure that there is no institutional bias that creeps into judging. That said, however, participants come from diverse backgrounds in terms of language, religion and culture. Judges must take this diversity into account while engaging with the participants during oral arguments. Language very often is a challenge in a Competition, and comfort levels in English will differ amongst participants. Native speakers should have the advantage over non-native speakers. The emphasis at all times should be to test the understanding of the legal issues involved not level of an English. While articulation is undoubtedly critical to such an exercise, it would be appreciated if judges made sincere attempts at putting the participants at ease and drawing out their understanding of the case. The Price Media Law Moot Court Competition has a strong policy against discrimination of any kind. Judges are encouraged to peruse the Fact Sheet on Implicit Bias to ensure that they are acting fairly at all times. In addition, judges must ensure that they are not seen to be favouring one team over another in any capacity, whether during or outside of the specific round as this would compromise the fairness of the competition. Judges are privy to confidential information and must not exchange such information (such as the Bench Memorandum) with participating teams, not even after the Competition ends. Although an important element of the Price Moot is creating a network of interested and aspiring scholars and practitioners, it is also key to the running of the competition that judges maintain a degree of impartiality and integrity.
Points to remember
- After the judges are introduced by the bailiff and have taken their seats, the president will invite the first Applicant to present their oral pleadings to the court. As stated in the Rules of the Competition, the order of the pleadings in each oral round at all levels of the Competition is:
- Applicant 1 (minimum 15 and maximum 25 minutes) then Applicant 2 (minimum 15 and maximum 25 minutes);
- Respondent 1 (minimum 15 and maximum 25 minutes) then Respondent 2 (minimum 15 and maximum 25 minutes);
- Rebuttal (Applicant 1 or 2, maximum 5 minutes);
- Sur-rebuttal (Respondent 1 or 2, maximum 5 minutes).
- Only two (2) team members shall present the arguments during an oral round, and the maximum time allotted for a team’s oral pleadings, including answering questions from the Moot Court judges and rebuttals may not exceed forty five (45) minutes per team.
