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Moot: How to Win in Fake Court, and Other Valuable Lessons in Legal Rhetoric

This unique book explores the how-to of mock trials, the experiential learning component of law school, offering valuable guidance and input from experienced students.

by Akiva Stern (Editor)
Publisher: LexisNexis Canada
Publication Language: English
Book
$165.00
Quantity

Softcover | 244 pages

In Stock
Published: October 22, 2020
ISBN/ISSN: 9780433509806
Publisher: LexisNexis Canada

Product description

"A unique combination of practical tips and academic pursuit. There is something in this book for everyone and some very useful assistance for first time mooters."

Norman Bacal
Mentor and Bestselling author of Breakdown and Take Charge

As litigator and author Akiva Stern states in the opening chapter of this new publication, “[m]ooting is a skill that does not come naturally to most law students. Rather, it is a function of continuous training and thought, so that one can apply oneself in a more proficient manner.” To help students with this process, Stern – himself an experienced and recognized mooter – spent several years conducting research and interviewing other competitive mooters on a national and international level with the goal of developing a guide to help law students with their mock trial experiences and to provide insight to the legal profession at large into the world of rhetoric and argumentation. Moot: How to Win in Fake Court, and Other Valuable Lessons in Legal Rhetoric is the result of those efforts.

A Much-Needed Resource
Divided into two main parts, this handbook offers guidance on both major aspects of mooting: formulating substantive arguments and delivering those arguments persuasively.

The section on substantive arguments focuses on breaking down the essential components of rhetoric. Each chapter builds on the previous one by offering a principle, discussing the generic logic behind it, applying it to the mooting setting, and then finishing with a case analysis.

The other section is based on qualitative research compiled from 30 hours of interviews, amongst 22 competitive mooting students from the Faculty of Law at the University of Windsor during which they shared their insights on mooting culture and what they learned from their experiences. In this section, Stern explores a range of topics, including confirmation bias and developing a mooting identity.

Moot: How To Win in Fake Court, and Other Valuable Lessons in Legal Rhetoric would be a useful resource for:

  • First year law students taking legal research and writing and those who are participating in the moot program
  • Upper year law students who are competitive mooters
  • Students enrolled in: political science courses that focus on rhetoric and argumentation; negotiations, rhetoric and argumentation studies; and business negotiations/communications/dispute resolution courses, particularly at the J.D./M.B.A. level
  • Academics can use it as a reference to help inform their understanding of the logic behind the rules of evidence and how they might apply to a given circumstance
  • Associations that promote advocacy amongst their members will find this volume to be a useful addition to their library
 

Featured Authors

Akiva Stern

Akiva Stern

Akiva Stern, J.D., M.B.A., is an associate in McCarthy Tétrault’s litigation group in Toronto. His broad litigation practice focuses on complex corporate and commercial litigation, finance and accounting litigation, competition litigation, class actions, insurance litigation and professional negligence. Akiva has appeared at all level of courts in Ontario, including the Court of Appeal, as well as the Federal Court and Federal Court of Appeal. He recently authored Moot: How to Win in Fake Court and Other Valuable Lessons in Legal Rhetoric (LexisNexis), a textbook on mooting and legal rhetoric used in Canadian law schools. Akiva teaches introductory and advanced mooting and advocacy skills courses at the Lincoln Alexander School of Law, Toronto Metropolitan University and is a frequent guest lecturer at the Faculty of Law, University of Windsor. He received his J.D. and M.B.A. from the University of Windsor.

View all books by Akiva Stern (2)

Table of contents

Part I: The empowered advocate
 Chapter 1: The language of rhetoric in law: A battle of ideals
 
 Part II: On rhetoric and argumentation
 Chapter 2: Historical development of law: Law and morality
 Chapter 3: Normative vs. descriptive arguments: There is always a side
 Chapter 4: How lawyers measure: Where the opposite of no isn’t yes
 Chapter 5: How lawyers measure II: When the price is right
 Chapter 6: Differentiating rules: This is not a lion, it is a lion with a hat
 Chapter 7: Argumentum a fortiori: The higher you fall, the harder you hit the ground
 Chapter 8: Understanding argument scope: All expensive cars are Ferraris
 Chapter 9: Counterfactual thinking and alternative consideration: Don’t turn on the hand dryer, for surely the campus will burn down
 Chapter 10: Policy arguments in appellant level mooting: The legal system is like a beehive
 
 Part III: Mooting psychology
 Chapter 11: On mooting psychology: What are you worth?
 Chapter 12: Fear and anxiety: Say, “I think I can, I think I can” and open a nice bottle of pinot
 Chapter 13: Mooting style, part I: Personality and self-concept
 Chapter 14: Mooting style, part II: Creating a mooting style
 Chapter 15: Confirmation bias: The believability factor
 Chapter 16: Form vs. substance: The ideal and the beautiful
 Chapter 17: Moot team dynamics: Creating a shared mind
 
 War stories and anecdotes
 

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