Oct 24, 2013

Briefing

Skeleton Arguments

       A skeleton (or skeletal) argument is a brief statement of the legal arguments of a counsel.
       It outlines counsel's arguments and lists the authorities counsel will be relying on.
      It must be taken seriously as it is part of the memorial and available to the judge beforehand.
      It makes reference to the authorities being relied on for each contention in the arguments.
      So, the judge will know in advance both the nature of arguments and the authorities to support those arguments.
      However, there may be restrictions on the number of cases that may be referred to. Therefore, it is best to refer to the most relevant and authoritative cases.
       A good skeleton argument is one that is –
      brief;
      in simple language;
      intelligible; and
      clear and structured.
       Aim for ABC –
      accuracy;
      brevity; and
      clarity.
       There is a well-recognised basic arrangement for skeleton arguments.
       It consists of at least three principal elements –
      the heading;
      the  submissions;
      the conclusion.

List of Authorities

       There is a well-recognised basic arrangement for skeleton arguments.
       It consists of at least three principal elements –
      the heading;
      the  submissions;
      the conclusion.
       Your skeleton arguments will make reference to the authorities being relied on for each contention in the arguments.
       You must therefore prepare a list of authorities. This will also be part of the memorial.
      Arrange the authorities in the order they are to be cited – it makes for easy reference and smooth presentation of your arguments.
      It is wise to flag the authorities and to highlight the portion of the authority that will be cited to the court.

Memorials

       MMU Law Moot Competition Rules (the Rules) require that each team prepare and submit a memorial.
       The structure of the memorial is set out in Schedule 1 of the Rules.
       Tips to remember:-
      Memorials:
       In written submission
       Authorities referred should be highlighted for easy reference i.e. highlighted the paragraph that counsels referred to for the argument

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