module specification

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.

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      LO 1 and 2 

2. The Aristotelian Paradigm in Practice    LO 1 and 2

Ethos
Pathos
Logos

3. The Skeleton Argument            LO 1 and 2

Focusing legal research
Fact and law based analysis
Drafting a workable case outline

4. Court Formalities            LO 1 and 2

Language
Using court bundles
Procedures
Presentation

5. Presenting a Winning Case in Court    LO 1 and 2

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 blackboard and IT resources;
Whole group questions and discussion.

The seminar will be used for:

Development of skills necessary to attain the module learning outcomes through:
Written and oral questions/answers designed to reinforce fundamental rules/principles/cases;
A range of step by step writing exercises;
IT tasks such as research of cases and statutes
Problem-solving
Critical analysis
Legal writing
Oral presentation
Oral communication
Teamwork

Blended Learning

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

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. Construct a convincing legal argument on a contentious issue, using focused legal research and syllogistic analysis to support the submissions.

2. Present oral submissions in the style of a barrister in the appellate court, with the ability to distinguish and debate opposing views, and to respond in a professional manner to judicial intervention.

Moot Presentation

A practical assessment in two parts:

1. A written skeleton argument based on a given case scenario to demonstrate how the student will compose a full and convincing legal argument using focused legal research and syllogistic analysis to support the submissions.

2. An oral presentation of the submissions documented in the skeleton argument in the style of a barrister in the appellate court, displaying the ability to distinguish and debate opposing views, and to respond in a professional manner to judicial intervention.

Core Texts:
Halbert, D and Whitaker, H, Advocacy and Public Speaking: A Student’s Guide 
(University of Chester)

Cooper, SL and McArdle S, Preparing to Moot: A Step-by-Step Guide to Mooting (Routledge)

Other Texts:

Evans, K, Golden Rules of Advocacy (OUP)
Electronic Databases:

Westlaw and Lexis Library