Deck 14: Mooting Skills

Question 1

Which ONE of the following parties in a moot exercises the right to reply?

A) Senior counsel for the respondent.
B) Whichever party wishes to do so.
C) Senior counsel for the appellant.
D) Whichever party is asked to do so by the judge.

Answer 1

C
Explanation: The right to reply is exercised by the senior counsel for the appellant, who responds to the submissions of the respondents on behalf of both himself and his junior counsel.

Question 2

'It is only permissible to use cases that were heard by the courts of England and Wales and, more recently, the European Court of Justice in a moot. The use of overseas cases is prohibited.' Is this statement true or false?

Answer 2

False
Explanation: Cases from any jurisdiction can be used in a moot, but those from outside of England and Wales are persuasive authority only.

Question 3

If a case is cited as Re Grant, which of the following might be true about one of the parties to the case? Please select all that apply.

A) One of the parties is dead.
B) One of the parties is the victim of a serious crime and must not be named.
C) One of the parties is a minor
D) One of the parties is domiciled outside the jurisdiction of the courts.

Answer 3

A
Explanation: A case that is cited using Re and the name of a party indicates that the party named is not able to represent themselves. This includes situations in which one of the parties is dead.

Question 4

Which ONE of the following is a 'court authority'?

A) It is a case that is mentioned in the moot problem.
B) It is a case that is given to the mooters by the judge, which they are required to incorporate into their submissions.
C) It is a term used to describe any case that was decided in the same court as that in which the moot is heard: i.e. if the moot is heard in the Court of Appeal, all Court of Appeal cases would be called court authorities.
D) It is a term used to describe a case that was decided in a higher court than that in which the moot is heard and which is therefore binding on the moot court.

Question 5

Which of the following might be persuasive authorities? Please select all that apply.

A) Decisions of a court at the same level as the court in which the moot is heard.
B) Decisions of a court at a higher level as the court in which the moot is heard.
C) Cases from jurisdictions other than England and Wales.
D) Decisions of the Privy Council

Question 6

A submission that is not based upon legal principle or authority, but which is based upon common sense or moral grounds, is known as a ______.

Question 7

Which ONE of the following citations should be used (assuming that all are correct)?

A) Bubble v Squeak [1993] 2 All ER 143.
B) Bubble v Squeak [1994] 1 WLR 14.
C) Bubble v Squeak [1994] 1 AC 102.
D) Bubble v Squeak (Lexis transcript).

Question 8

Which ONE of the following is the correct way of saying aloud the following citation during your submissions: R v Smedley [2004] 1 QB 452?

A) The Crown versus Smedley, which was reported in the first volume of the Queen's Bench Reports at page four five two.
B) R vee Smedley, which was reported in the first volume of the Queen's Bench Reports for two thousand and four, at page four hundred and fifty two.
C) The Crown against Smedley, which was reported in the first volume of the Queen's Bench Reports for two thousand and four, at page four hundred and fifty-two.
D) The Crown against Smedley, which was reported in two thousand and four, one queue bee, four five two.

Question 9

During the moot, when is it permissible to speak to your mooting partner?

A) Never.
B) When the opposing team is speaking to the judge, provided that you do so quietly and do not interrupt them.
C) Prior to answering a question from the judge, provided that he or she has given you permission to do so.
D) During your partner's submissions, if you feel that he or she needs some help or is presenting the law in a way that misleads the judge.

Question 10

It is ______ to include a case in your skeleton argument that you do not intend to use purely in order to baffle your opponent.

Question 11

If the senior counsel for the appellant is speaking, which person in the moot room is responsible for signalling to him that he has only one minute of time remaining during which to conclude his submissions?

A) The judge.
B) Junior counsel for the appellant.
C) The clerk.
D) The Master of Moot.

Question 12

It is an important part of the preparation process to note the facts and the ______ of any cases upon which reliance will be placed during the moot.

Question 13

If you wish to persuade the Supreme Court to depart from its own authority, to which ONE of the following should you refer?

A) The relevant Act of Parliament.
B) The rules of the mooting competition that you have entered.
C) The 1966 Practice Statement.
D) Young v Bristol Aeroplane.

Question 14

'If your opponent makes an incorrect statement of law or fact, you should stand up and wait for the judge to invite you to speak in order to correct the inaccuracy.' Is this statement true or false?