Question 1

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

Accepted Answer

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?

Accepted Answer

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.

Accepted Answer

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'?

Accepted Answer

A court authority is one that is mentioned by name in the moot problem and can thus be used by any of the parties to the moot, without it counting towards the number of cases that they are permitted to use.

Question 5

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

Accepted Answer

Persuasive authorities are cases that are not binding upon the court in which the moot is heard, but which may be taken into account by the judge in reaching a decision if he can be persuaded (hence the name) that they are relevant.

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 ______.

Accepted Answer

The answer of A submission that is not based upon...

Question 7

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

Accepted Answer

Correct. This is the correct citation because is it is taken from the series of reports that is highest in the relevant hierarchy.

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?

Accepted Answer

This is the accurate way to read aloud the case citation. Note, in particular, that 'v' is read as 'against' in criminal cases and as 'and' in civil cases.

Question 9

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

Accepted Answer

If you are unable to answer the judge's question, are not sure what it means or just want a bit of reassurance before you answer, you may ask the judge if you can consult your partner. Try not to do this too often in the moot, or the judge is likely to become annoyed.

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.

Accepted Answer

The answer of It is ______ to include a case...

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?

Accepted Answer

One of the clerk's responsibilities is indicating to the mooters how much time is available to them.

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.

Accepted Answer

The answer of It is an important part of the...

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?

Accepted Answer

All mooters should be familiar with the nature and operation of the 1966 Practice Statement.

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?

Accepted Answer

There is no scope within the rules of any moot to interfere in the delivery of an opponent's speech. You would have to rely upon the judge to note any inaccuracy or to draw attention to it when it was your turn to speak if you had not yet presented your submissions.

Quiz 14: Mooting Skills