LL5053 - Law of Advocacy and Mooting (2022/23)
|Module specification||Module approved to run in 2022/23|
|Module title||Law of Advocacy and Mooting|
|Module level||Intermediate (05)|
|Credit rating for module||15|
|School||Guildhall School of Business and Law|
|Total study hours||150|
|Running in 2022/23(Please note that module timeslots are subject to change)||
Advocacy is a key skill for lawyers, diplomats and anyone else in a management position where powers of persuasion – especially of contentious issues – are fundamental to success.
Mooting is the time-honoured method of teaching practical advocacy to lawyers who hope to make a career out of representing clients in the appellate courts.
Even lawyers who do not engage in the dramatics of court-work need to be able to use their advocacy skills in conferences with clients and their opponents, which is why advocacy training is key to most vocational law courses.
This module analyses the traditional tenets of Aristotelian teaching on advocacy, and then applies them to realistic case-study situations where the students are placed in the position of the counsel in various appeal cases, and must demonstrate both their written and oral skills of persuasion to convince the judge of the merits of their case.
Through a series of practical and group exercises, the module aims to teach and develop several key transferable skills including independent research, critical analysis, synthesis of legal material, legal drafting, oral communication and group teamwork.
Students will learn to present oral submissions in the style of a barrister in the appellate court, with the ability to act in accordance with their client’s specific instructions; to distinguish and debate opposing views; and to respond in a professional manner to judicial intervention.
The aims of the module are as follows:
1. Students will acquire knowledge of the basic tenets of successful advocacy.
2. Students will develop several key transferable skills, including independent research; critical analysis; and oral and written contentious debate and presentation, in the context of various areas of law, emphasising the use of primary sources.
3. Student employability will be enhanced by the development of these skills, especially in relation to students who wish to pursue a career involving contentious litigation, court advocacy or diplomacy.
1. Introduction to Styles of Advocacy LO1
2. The Aristotelian Paradigm in Practice LO1
3. The Skeleton Argument LO1 and LO2
Focusing legal research
Fact and law-based analysis
Drafting a workable case outline
4. Court Formalities LO3
Using court bundles
5. Presenting a Winning Case in Court LO1 - LO3
Balance of independent study and scheduled teaching activity
Learning & Teaching Strategy
Weekly two-hour lecture and one-hour seminar.
The lecture will be used for:
• Dissemination of knowledge through an overview of each topic with detailed guidance on appropriate aspects;
• An introduction to relevant academic literature;
• Guidance on learning strategies;
• Use of WebLearn and IT resources;
• Whole group questions and discussion.
The seminar will be used for the development of skills necessary to attain the module learning outcomes through:
• Written and oral questions/answers designed to reinforce fundamental rules, principles and cases;
• A range of step-by-step analytical exercises;
• Problem solving;
• IT tasks, such as research of cases and statutes;
• Legal writing;
• Oral presentation;
• Oral communication;
All learning materials, previous examination questions and sample Q/A’s will be on blackboard for use in directed private study.
Student engagement will be encouraged in both lectures and seminars through weekly use of WebLearn for access to all of the above materials.
There will be required use of the professional legal databases, especially Westlaw and Lexis Library, for legal research.
Opportunities for reflective learning/pdp
Each weekly seminar will contain space for students to reflect on what they have learnt in relation to the overall syllabus. There will be frequent feedback opportunities structured into the timetable and a range of sample answers posted onto WebLearn.
Employability strategy will aim to acquaint students with a range of employment avenues both in the legal profession and in those professions into which legal qualifications and skills are transferable.
The study of advocacy is especially important to students who wish to pursue a career
involving contentious litigation, court advocacy or diplomacy.
Student’s Study Responsibilities
The need for attendance, punctuality, preparation and engagement will be emphasised with particular reference to written and IT research, problem-solving, team-work, discussion, debate and critical awareness of the subject.
On successful completion of this module, the students will be able to:
1. Demonstrate an understanding of the basic tenets of advocacy.
2. Construct a convincing legal argument on a contentious issue, using focused legal research and syllogistic analysis to support the submissions.
3. Present oral submissions in the style of a barrister in the appellate court.
An oral presentation of a case for either the appellant or the respondent, in the style of a barrister appearing in an appellate court.