The Art of Argument: A Guide to Mooting

by Christopher Kee

• ISBN13: 9780521685139
• ISBN10: 0521685133
• Format: Paperback
• Copyright: 2007-03-12
• Publisher: Cambridge University Press

Summary

The Art of the Argument guides readers through the process of developing, defending and presenting a compelling argument. Primarily aimed at students who are about to undertake or participate in an international mooting competition, The Art of the Argument explains in a step-by-step process what to do when you first get the moot problem, how to begin researching the subject manner, the emotional highs and lows, why practice makes perfect, how to handle yourself at the competition, and most importantly to have fun.

Author Biography

Christopher Kee is a lecturer in law at Deakin University.

Table of Contents

Preface	p. xi
Acknowledgments	p. xv
Making the most of a moot
Introduction	p. 3
What is mooting?	p. 3
Why join a moot team?	p. 4
Job opportunities	p. 4
Team work	p. 4
Intensive training	p. 5
International travel	p. 5
New perspectives	p. 5
How to use this book	p. 6
You've made the team - what next?	p. 7
Before you begin	p. 7
Timing and commitment	p. 7
What about money?	p. 8
The moot problem	p. 10
Read the problem	p. 10
Read the rules of the competition	p. 10
Asking for help	p. 11
Setting deadlines	p. 12
Being part of a team	p. 13
The keys to a successful team	p. 13
Attitude	p. 13
Identify strengths and weaknesses in the team	p. 13
Dealing with a crisis of confidence	p. 14
Maintaining trust	p. 15
Do you need to be friends?	p. 16
Building an argument	p. 18
The basic steps	p. 18
Read the facts and decide instinctively who should win	p. 18
Identify who you are representing	p. 19
Compile a list of arguments	p. 20
Imagine you represent the other side	p. 20
Repeat steps 3 and 4 at least five times	p. 21
Written documents	p. 23
Memoranda and memorials	p. 23
The tips and tricks of writing	p. 24
Knowing your purpose and your audience	p. 24
Setting up your document	p. 26
Referencing	p. 29
Writing style	p. 34
Presenting information to the team scribes	p. 35
Structuring your document	p. 36
Basic rules of writing	p. 39
Editing	p. 44
The second document	p. 46
Preparing a genuine response	p. 46
The outline of submissions	p. 49
The casebook	p. 50
Oral submissions	p. 52
How to structure an oral submission	p. 54
Making a start	p. 54
Dealing with the expectations of moot masters	p. 55
Creating a persuasive case	p. 56
Handling questions	p. 60
Responding to a submission	p. 69
Presenting an oral submission	p. 71
Preparation	p. 72
Physical appearance	p. 72
Timekeeping	p. 73
Opening formalities	p. 74
Using case materials	p. 77
Voice and delivery	p. 79
Body language	p. 82
Speaking from notes	p. 83
Building rapport with the moot master	p. 87
Know how the moot is to be run	p. 89
Dealing with mistakes	p. 92
Continue the team work	p. 92
Practice moots	p. 94
When to start doing practice moots	p. 94
Who can be a practice moot master?	p. 95
Variety is key	p. 95
Using experienced moot masters	p. 96
Making the most of practice moots	p. 97
Record the moot	p. 98
Inter-varsity practice moots	p. 98
The competition itself	p. 100
Getting there	p. 100
During the competition	p. 102
What to do when you are not mooting	p. 104
After it's all over	p. 106
Make the most of your opportunities	p. 106
Help subsequent teams	p. 107
References and resources
Competition specific/mooting skills	p. 111
Legal writing and research	p. 112
International commercial arbitration	p. 113
International Court of Justice	p. 115
International commercial law	p. 115
Intellectual property	p. 119
International law (general)	p. 121
Humanitarian law/armed intervention	p. 122
Environmental law	p. 123
Maritime law	p. 124
International moots
Willem C Vis International Commercial Arbitration Moot	p. 129
Willem C Vis International Commercial Arbitration Moot (East)	p. 132
Philip C Jessup International Law Moot Court Competition	p. 134
Annual International Inter-university Intellectual Property Moot at Oxford	p. 136
International Maritime Moot	p. 139
The Telders International Law Moot Court Competition	p. 141
Jean Pictet Competition	p. 142
Elsa Moot Court Competition EMC2	p. 144
Manfred Lachs Space Law Moot Court Competition	p. 144
Index	p. 146
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