Unit rationale, description and aim
A moot court competition simulates a court hearing, in which participants analyse a problem, research the relevant law, prepare a written case, and present oral argument. The actual moot court is usually an appeal against a decision of a court of original jurisdiction. Therefore, it usually involves grounds of appeal that are argued by each side; an applicant/appellant and respondent. The skill of mooting enables students:
· to engage with and think deeply about interesting and topical legal issues;
· to develop their advocacy, legal research and writing skills;
· to work closely with and learn from their peers; and
· to participate in an authentic learning experience and through that learning, demonstrate your interest in advocacy and competence as an advocate.
The rationale of this unit is for you to develop your academic and practical skills through mooting so that you become a better advocate for your clients.
The aim of this unit is to allow you to bring your understanding of the doctrinal foundations of law, learned throughout your law degree, to the construction and delivery of an argument before a tribunal of fact. This will require you to research the particular area of law raised by the moot court question, write an authoritative and persuasive written case and present the arguments orally in a moot court before a moot court judge.
Campus offering
No unit offerings are currently available for this unit.Learning outcomes
To successfully complete this unit you will be able to demonstrate you have achieved the learning outcomes (LO) detailed in the below table.
Each outcome is informed by a number of graduate capabilities (GC) to ensure your work in this, and every unit, is part of a larger goal of graduating from ACU with the attributes of insight, empathy, imagination and impact.
Explore the graduate capabilities.
Demonstrate an ability to research and write a wri...
Learning Outcome 01
Demonstrate oral advocacy skills in a courtroom en...
Learning Outcome 02
Demonstrate an understanding of the rules of profe...
Learning Outcome 03
Content
Topics will include:
- Introduction to mooting
- Preparing the moot problem
- Preparing a written case
- Preparing an oral case
- Practice moots including debriefing and feedback
Assessment strategy and rationale
Assessment for this unit is designed to be authentic. In other words, you will be assessed on tasks that will be very similar to those tasks you will be performing in the workplace. You will be assessed on your research and the preparation of a written case and your advocacy in presenting oral arguments in front of a moot court bench. This approach to the assessment will benefit you when you enter the workplace where you will find yourself having to present ideas in business or represent a client in legal practice.
To pass this unit, you are required to participate in the unit by working individually and in a team to achieve the two assessment tasks. You will need to complete both assessment tasks to pass this Unit. The assessment tasks for this unit are designed for you to demonstrate your achievement of each learning outcome.
Overview of assessments
Task 1 . To research and write an applicant or re...
Task 1. To research and write an applicant or respondent written case.
50%
Task 2 . Present legal arguments to a tribunal of...
Task 2. Present legal arguments to a tribunal of fact observing proper court/tribunal procedures and etiquette
50%
Learning and teaching strategy and rationale
This unit will be taught using a blend of research, writing and oral presentation skills as the dominant learning and teaching strategy. Classes will be conducted every week in a workshop format that adopts an active learning methodology. In other words, you will learn through engaging learning activities that allow you to work individually and collaboratively on a moot problem. The moot problem will require an element of research of the substantive and procedural issues, drafting of moot court documents and the oral presentation of the argument to an appeal bench. The learning journey is based around an authentic legal dispute between two or more parties that will be litigated in moot court. In this way, you will participate in an authentic learning experience similar to those found in business and in the practice of law.