Difference between revisions of "Key Phrases"
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Note to avoid extravagant language when addressing the other side’s argument. Opponents' points are never “absurd” or “ridiculous” and will not “reduce the law to a laughing stock.” | Note to avoid extravagant language when addressing the other side’s argument. Opponents' points are never “absurd” or “ridiculous” and will not “reduce the law to a laughing stock.” | ||
But...It may be “flawed”, “difficult to sustain in the light of the authorities”, “unlikely to be the kind of case which their Lordships had in mind” or “inconsistent with what I submit is the clear wording of the statute”. | But...It may be “flawed”, “difficult to sustain in the light of the authorities”, “unlikely to be the kind of case which their Lordships had in mind” or “inconsistent with what I submit is the clear wording of the statute”. | ||
− | + | 'in the instant case' | |
'is my lord familiar with the facts of the case?' | 'is my lord familiar with the facts of the case?' | ||
unless I can be of any further assistance; | unless I can be of any further assistance; |
Revision as of 21:17, 17 August 2012
Learn some key phrases
Having a stock collection of phrases is super valuable. Thanks to Rosie Scott, John Schmidt, Adam Ross and Sarah Walker for this indispensable list:
May it please YL, I am Rosie Scott, appearing on behalf of the Appellant, my learned friend Ms X will appear on behalf of the Respondent etc. etc. Is YL aware of the facts of the case, and has YL had an opportunity to glance at our SA? My learned friend, my learned senior (more usually now just 'Miss X'), NEVER 'my learned colleague', 'my friend', 'my learned opponent' etc I submit/suggest It is our/my client’s position that My client would say If I could take YL to tab 3, p45; this is the case of X v Y... I’m grateful for your assistance ML, and I apologise for not having expressed myself clearly I hadn’t intended to deal with that point, ML, it is not a ground of appeal, however I am more than happy... ML, I had intended to go address a different point with this authority, but should YL wish to hear argument on this...
Note to avoid extravagant language when addressing the other side’s argument. Opponents' points are never “absurd” or “ridiculous” and will not “reduce the law to a laughing stock.” But...It may be “flawed”, “difficult to sustain in the light of the authorities”, “unlikely to be the kind of case which their Lordships had in mind” or “inconsistent with what I submit is the clear wording of the statute”. 'in the instant case' 'is my lord familiar with the facts of the case?' unless I can be of any further assistance; my lord/my lady, I will begin by...; if I can direct your lordship's attention to... found in the first volume of the appeals cases of... Referring to colleagues arguments: "Although/as my learned friend suggests" Disagreeing with a judge: "My Lord, you make a good point however..." Assessing how much the judge knows: "Are you familiar with the facts My Lord?" Finishing submissions: "Unless I can be of any further assistance, those are my submissions."
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Try not to say ‘I think’ – the court isn’t interested in your personal opinion, only in the case you are putting forward – so state your case like this ‘in my submission...’ or ‘I respectfully submit…’
If you absolutely have to correct/disagree with the judge, start your reply with ‘With respect…’ But never interrupt!!!
Respectfully disagree
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Tricky to do but hugely important.
All our mooting clips were made with the help of our fantastic students - giving freely of their time to help others.
For the roundtable discussion clips we thank our GDL students of 2009-2010: Andrew Barns-Graham, Thomas Bradfield, Tessa Buchanan, Anita Davies and Thomas Hope.
The spoof clips were made with Mike Purdue (judge), Mike Clarke and Rob Tiffen many years ago.
The real action was filmed as part of our Crown Office Moot 2010-2011.
Big thanks to all those who took part: Sara Beech, George Fitzgerald, Gareth Thomas, Edward Waldegrave, Alistair Godwin, Rebecca Taverner, Daphne Stamatopoulos, Jada Badu-Animboah, James Bull, Samuel Phillips and Beatrice Riley.
Huge thanks are also due to those from Crown Office Chambers who not only gave up their time to judge the different stages of the moot but also allowed us to use the footage. We are grateful to:
Elizabeth Boon David Myhill Siobhan Lambertsen
A final thanks to The Hon Mr Justice Edwards-Stuart, who judged the final of the Crown Office Moot and Steven McCombe for his filming expertise and tireless editing.