{"id":256755,"date":"2026-07-13T15:02:32","date_gmt":"2026-07-13T12:02:32","guid":{"rendered":"https:\/\/1kitap1.com\/en\/connecting-with-law-fifth-edition-michelle-sanson\/"},"modified":"2026-07-13T15:02:32","modified_gmt":"2026-07-13T12:02:32","slug":"connecting-with-law-fifth-edition-michelle-sanson","status":"publish","type":"post","link":"https:\/\/1kitap1.com\/en\/connecting-with-law-fifth-edition-michelle-sanson\/","title":{"rendered":"Connecting With Law Fifth Edition – Michelle Sanson"},"content":{"rendered":"
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Use point-form structure for your submissions, with authorities noted, in large typeface (say, 14 point). Some mooters use highlighters for their notes, such as yellow for key arguments, orange for relevant legislation and pink for relevant cases. Don\u2019t use green or blue as they are too dark, and you may need to bend down to read the words underneath. \ue052en you would work methodically through each of the issues, stating the proposition you want the court to accept, then explaining why and giving authorities and rationale, and then concluding by seeking appropriate orders.<\/p>\n

\ue052e other party then gives their submissions, and the court usually then invites the \ufb01rst party to give a rebuttal, followed by sur-rebuttal for the other party. Rebuttal provides the opportunity to identify \ufb02aws in the opponent\u2019s arguments\u2014it is not a time to repeat or summarise your own submissions. It should be strong, tight and devastating\u2014the verbal equivalent of standing up with a pistol, \ufb01ring three rounds, and sitting down as the smoke settles.<\/p>\n

An example might be: \ue052e plainti\ufb00 has two points in rebuttal. First, the defendant has relied on a New Zealand decision concerning legislation that is materially di\ufb00erent to the discrimination legislation in this jurisdiction and is neither relevant nor binding on this court. Second, the defendant has relied upon an overly narrow construction of \u2018discriminate\u2019, when in fact this term applies to any di\ufb00erence in application processing, even in good faith. \ue052is is clearly established in the binding authority of ABC. If I may be of no further assistance, that concludes the plainti\ufb00\u2019s case.<\/p>\n

During COVID-19, some moots have gone online, bringing with it risks and opportunities for the mooter. A key risk, besides the obvious technical ones relating to connectivity and sound\/image, and the need to be somewhere quiet without interruptions, is being less able to engage the Bench. This can be minimised by sitting up straight with shoulders back and ensuring the camera can capture your hand gestures (which should not be overused because this can be distracting). A key opportunity is the ability to place your notes on stands or the wall behind your device, so you can keep your head up during your moot presentation.<\/p>\n

Avoid the temptation to post a speech there though! As lawyers we use language in a persuasive way to resolve problems\u2014we package up cases, statutes or other sources in language that creates a persuasive meaning as to what the law is. Legal writing is often the vehicle by which we persuade the reader as to our claims, and in practice how it is presented is as important as the content.<\/p>\n

\ue052is includes words, phrases, structure and form.<\/p>\n

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\u00a9 Michelle Sanson and Thalia Anthony 2022 The moral rights of the authors have been asserted First edition published 2009 Second edition published 2010 Third edition published 2014 Fourth edition published 2019 Fifth edition published 2022 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by licence, or under terms agreed with the reprographics rights organisation.<\/p>\n

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For more information, see copyright.com.au. Edited by Joy Window (Living Language) and Valina Rainer (Tony and Valina Rainer Sound Words) Cover artwork by Joshua Scott Typeset by Newgen KnowledgeWorks Pvt. Ltd., Chennai, India 5 Proofread by Naomi Saligari Indexed by Karen Gillen Printed in China by Golden Cup Printing Co Ltd Disclaimer Aboriginal and Torres Strait Islander peoples are advised that this publication may include images or names of people now deceased.<\/p>\n

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