It is hoped that now you have a better understanding of how you might draft a skeleton argument for mooting, and can start the learning and practising process so that you can eventually decide what works for you and what doesn’t.You should be able to come up with between three and four reasons for why the Court should find in your favour. It’s too late.You can check out the format of the skeleton argument in the example template below.
If you are arguing for yes, then it is your task to come up with reasons why the court should say yes. CHAMBERS OF A EXAMPLE IN THE COURT OF APPEAL BETWEEN: MR APPELLANT APPELLANT -and- MR RESPONDENT RESPONDENT Comment [A3]: SKELETON ARGUMENT ON BEHALF OF THE APPELLANT First Ground of Appeal: Consideration 1. moot problem)There was no consideration for the promise to accept a lesser sum in full settlement of the debt as the It may well form the basis of his opinion.
Introduction: 1.
It is your job to get a feel for what they will be arguing against you so that when it comes to your turn to be on your feet, either before them or after them, you have prepared a rebuttal for their submissions. If you have researched properly, then it is likely you will have an opinion on the cases they have used or not used, and how they are using them. Form AC014: Skeleton argument template. The application has to be determined in accordance with section 15(2) of the CA 2006. Even then some litigants and law firms don't play by the rules, and cause problems that don't need to be there.
This was said in the more recent High Court case mentioned above:Part of the art is knowing what not do, and not just what to include.You'll be less likely to have to make your arguments up as you go.There is no point handing a judge a skeleton argument in court. Don't switch to "Sally Jones" or "Jones".Skeletons are usually filed with the court the day before the hearing.Also, they should be exchanged with the other parties due to appear at the hearing, the day before. He said this:It takes years to master the art of preparing good quality skeleton arguments. It is most usually produced as a means of presenting the skeleton or “bare bones” of a case before a trial.
Skeleton argument of Claimant, Defendant and 1st IP (up to 1 day). The way to refer to a report in the court bundle, for example, would be [C136 para 4] for a report contained within Section C of the bundle, at page 136, paragraph 4.An example might be: “The parents separated on [insert date].
SKELETON ARGUMENT OF THE APPLICANT.
That request was repeated on 8th, 16th , 19th, 22nd, November 2001, and 26th March 2002 [ex S.A.1 pp.81-88].
Make the judge's job easier.Even for short hearings (20 minutes), a skeleton argument will assist the judge prepare for the hearing. Your reading will direct you and should give you an idea of what you may argue in your moot.During your research and drafting stages, you will have identified the cases that you feel are strongest for the argument you wish to put before the court. It should inform them what you intend to touch on in your time before them. You may find it more helpful to write it on a fresh piece of paper so that you do not feel bound by your previous writing. The application has to be determined in accordance with section 15(2) of the CA 2006.
Use the same method of reference to all non-parties referred to throughout your skeleton argument. As are judges.Also, be consistent with the method of reference.You would have had thought them through previously, when you prepared your skeleton argument.You save the court's time and facilitate the decision-making process by the Court. And the judge can ask you about a specific part of it by referring to the paragraph number. SKELETON ARGUMENT ON BEHALF OF APPLICANT 3 On 5th November 2001 the applicant’s solicitor requested a copy of the report by Dr H, the doctor instructed by the State dated 27th March 2000 referred to in that letter. Claimant’s Skeleton Argument. All Rights Reserved.The City Law School is one of London’s major law schools, offering a range of academic and professional courses, and is situated in the very heart of legal London. The judge will read and consider your skeleton before he has heard a word of your oral argument. In September 1996 the Claimant issued a writ against the Defendants for libel. APPLICABLE LEGAL PRINCIPLES 10. You won’t want to use three or four completely different reasons because in 10 or 20 minutes even the most accomplished of advocates will find persuading a judge on three or four separate issues a challenge so you should eliminate your weakest points and leave only the most compelling or persuasive points.A skeleton argument in any form of legal proceeding is a very important document. SKELETON ARGUMENTS: MORE EXAMPLES ON LINE: YOU CAN HAVE COTTON IF YOU CAN'T HAVE SILK The MOJ’s skeleton argument The Respondent’s (defendant’s) skeleton argument The Appellant’s skeleton argumen A skeleton argument is a written document provided to the court prior to a hearing, which summarizes the issues to be addressed during trial and the authorities to be relied upon. It doesn’t take a genius to figure out that if you have a moot problem but haven’t bothered to look at the area you’re going to be mooting on, then you will find writing a skeleton argument challenging.