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.
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It makes
reference to the authorities being relied on for each contention in the
arguments.
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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.
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A good skeleton argument is one
that is –
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brief;
–
in simple language;
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intelligible; and
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clear and structured.
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Aim for ABC –
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accuracy;
–
brevity; and
–
clarity.
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There is a well-recognised
basic arrangement for skeleton arguments.
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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.
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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:
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In written submission
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Authorities referred should be
highlighted for easy reference i.e. highlighted the paragraph that counsels
referred to for the argument
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