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Moot question... Watch

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    Hey all,

    I have a moot coming up (semi-finals of a competition). Had a Q abt this - will be great if someone can advice.

    I am playing the role of the senior respondent in the Court of Appeal (so have to argue to uphold the decision of first instance). The slight problem I have is that I know for sure that my opposite will try to argue based on a particular case. I have good reasons to distinguish that case from the case at hand. But the problem is how do I present this in my skeleton argument even before I see the appellant's argument? (I will not be aware of the appellant's actual argument until I submit mine as all skeleton arguments will be exchanged only in the last minute). I am not relying on that case - but would just want to rebut the appellant's case. So, can I just make this rebuttal itself a submission?

    Thanks in advance!
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    Check the rules of your moot, but generally you have the right to cite anything you like in response to your opponent's submissions - you don't have to mention it all on the skeleton argument. I would use the skeleton to lay out your general line of argument and not to address points from the appellant's speech that may not come up.
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    thanks fysidiko! I did not mention the case in my skeleton argument. But fortunately, got a chance to address the issue through judicial intervention.
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    I believe you can actually pre-empt this and steal their thunder somewhat. You can say something along the lines of "Although the leading authority on this point would normally be [so and so], it is submitted that the present case can find stronger foundation in [so and so Mk2]. And so on and so forth.


    A lot of so's in that, but I'm sure you get the gist
 
 
 
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