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Frequently Asked Questions About the General Tryouts

Q: If I am selected for a competitive moot team during the tryouts, am I automatically enrolled in the Moot Court Program?
A: To receive credit, you must add either Law-473 (Competitive Moot Court) orLaw-495 (Competitive Moot Court II) if you are mooting for the second time in upper year during the Add/Drop Period in January. Participation in the Moot Court Program satisifes the Advocacy Requirement.

Q: When and how will the results be announced?
A: The results will be posted on the QLAW-ALL a few days after the final tryout

Q: Should a student wear formal attire to the tryout?
A: Not necessary. Your usual school attire is acceptable wear for the tryout.

Q: How should I address the bench?
A: "Your Honour" or "Your Honours"

Q: What happens at the tryout?
A: In the "general" competition, each student is given ten minutes to display his or her oral advocacy skills before the bench composed of two faculty member plus two third year students who have mooted in the past but who will not be mooting this year.

Q: Should I write out my argument in full?
A: Reading a prepared text detracts from the presentation. It encourages speaking too quickly, reduces eye contact, prevents smooth transitions after responding to questions etc. You should speak from notes containing points to be expanded in your oral presentation. If you are really nervous you can bring a full text but use it only in emergencies .

Q: What are some of the procedures that I should be following?
A: You will be a lawyer addressing a four judge bench. You should be formal in your presentation (but not overly so). You should address the judges as "Your honour(s)"

The purpose of the exercise is to use legal reasoning or logic to convince the Court to either uphold or reverse (your choice as to what position you are going to take) the judgment in the problem.

A typical opening statement might look like:

"My name is _________, and I appear as counsel on behalf of the Appellant (or Respondent). This is an appeal from a decision of the Court of Appeal to this Honourable Court. It is my submission that the Judgment should be reversed (upheld) on the following grounds: (1, 2, 3, n)." OR "My argument will consist of the following points: (1, 2, 3, n). My first point is."

At the end, you can conclude by saying something like "For these reasons I submit that the appeal should be allowed (dismissed) by this Honourable Court"

You should focus on the legal points cited in the judgment reproduced from the Court of Appeal case supporting the position you have selected.

Do not read your presentation; instead, elaborate on points you have jotted down.

Expect to be asked questions respecting the logic or the legal foundation of your argument. Five minutes is awfully short. It will go by in a flash. Concentrate on presentation skills, poise, persuasiveness, organization, logic, originality.

Q: How much research is suppose to go into this?
A: None. Base yourself on the most persuasive policy and legal arguments considered in the Court of Appeal judgment you are using to base your position on.

Q: What are the judges looking for?
A: In evaluating the tryout moots, the bench will consider the following factors, modified from the criteria used in competitive moots (in no particular order):

  • correct and articulate analysis of the issue(s)
  • response to question(s)
  • clarity
  • ingenuity
  • persuasiveness
  • style and appropriate formality
  • choice of an argument appropriate to the allocated 5 minutes
  • familiarity with and use of the relevant authorities
  • knowledge of the substance of the topics at issue

The above can be stated in a different way:

  1. Courtroom Manner - Did counsel demonstrate poise and composure in delivering his or her presentation; did counsel indicate the appropriate respect for the panel and the proceedings?
  2. Legal Analysis - did counsel understand the issues and the law for and against his or her position; did counsel understand and deal with both his or her strong and weak points?
  3. Organization of Presentation - Did counsel deal with the important issue and allocate time in an appropriate manner; did counsel organize his or her thoughts and present the argument in a logical manner?
  4. Response to Questioning - Did counsel deal appropriately with questions asked; did counsel appropriately use the questions as an opportunity to put his or her arguments before the panel; was counsel able to return to his or her formal presentation after questioning?

Q: Who decides which students will make the team?
A: In the general tryouts, team members are selected by the bench solely on the basis of each student's performance at the tryout and on the information provided on the registration form.

Q: How do I select which moot I want in the general tryouts?
A: On the Registration Form, available from the Moot Court Website, you are asked to rank each moot which you are interested in (and eligible for) in order of preference. Please submit the completed Registration Form, by the due date stated on the form, to Carol Johnson in Room 514.

Q: Can a first year student try out?
A:  Presently 1L's can try out for the Hicks Morley Labour Law Moot which is organized by the Labour Law Club in the winter term.  Please contact them.

Kingston, Ontario, Canada. K7L 3N6. 613.533.2000