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