mooting - 23/6

• appellant

• will be asked questions by judge

  • may be asked strange questions

    • answer as well as possible

    • dont panic

      • “thats a very good question your honour”

      • “can your honour bear with me a moment (then ask teammates)

    • more difficult the question is the better you are doing

      • if you dont answer well they will give easier questions

  • dont be too focused on structure, have a set of arguments with a rough order

  • may be asked to jump to different point

  • if its going well it will be like a conversation

    • may not even have time to finish arguments

  • if you dont know if youve said enough then just ask

    • “does that answer your honour’s question?”

    • or just awkward pause and wait and see

• start with strong arguments

• link back to grounds of appeal

  • breach of duty/ambiguous instructions

  • did not form part of the contract

  • voluntarily assumed risk

  • inherent risk

• laws (dont need to be in any particular order, need to make sense)

  • risk of harm

  • severity of harm

  • impact on person (?)

  • utility

Structure (similar to TEEL)

1. legal point/principle

2. refer to the law

3. link to scenario