I feel like I haven't blogged in ages. Not quite my fault considering how traumatic an experience mooting is. (Trust me, go grab any normal law student and ask them how's moots.. you're guaranteed the cang1 sang1 look) As I type out this entry, I have a load of mooty stuff waiting to be done....
My thoughts on mooting.. 1) it's a nightmare esp. if you can't speak up in public. 2) while being a nightmare, it's also something new which actually can be quite fun when you get the hang of it I guess (that's if you get the hang of it.)
I think sometimes the nature of moots show how the law really works. To prepare everyone ( esp. the general audience who are not law-pple) for the shock, my view is quite cynical (and slightly biased against moots too since it's all thanks to the moots that I've had my life on hold for weeks *rolls eyeballs*) so do take it with a pinch of salt.
What happens in a moot is that the sueing party's lawyers start to bombard the judge with one set of arguments, then the party being sued's lawyers go and bring another big complicated set of arguments to beat the former party's lawyer's arguments flat, and at the same time, try to make the judge believe their case. Then the sueing party's lawyers repeat what the party being sued has done, this time without the second part. And they'll all get caught up in the cycle of arguments till the judge comes to a decision ( or can't take the ramblings of the lawyers anymore) or when the time is up.
(Confused yet? haha)
The thing about the moots is that it seems to allow the judge a wide range of arguments with which he can decide on. We seem to have learned somewhere, sometime ago that judges are supposed to decide on cases based on rules... hmmm. But here are the judges not deciding based on which arguments are better, as if to select the best arguments to justify the decision already made in their heads?
We remain in wonder.
I'm going mad. Meanwhile, if any of my learned colleagues read this post, I beg your pardon for raving on and on about legal theory... haha..and also best of luck to everyone in the coming days.
Take care, try not to panic, look like you believe in your client's case( yeah I know it's hard to believe in an imaginary cilent who isn't paying up haha) and be nice to the judges haha.
Ok, back to moots.