Seminar 7. - Moot court - Brussels I
Dear students,
prepare the BUY MORE hypo case for the moot court lesson. The facts of the case are in the file that is posted in the previous folder (Seminar 6).
Consider the possible nature of the parties and possible alternatives in regard to which party you represent before the court. Some of the facts may have been implied, some of them might not have been mentioned. Think of them and try to prepare the alternative solutions.
Try to keep the IRAC pattern, i. e.:
Present the facts of the case and your party (plus possible fact alternatives where you did not have precise information)
Present the rules applicable to the case and give reason for why you want to apply or not to apply certain rules, choose the regime (national, international, EU) of the case, argue against or for the usage of particular provisions of the legal instrument you want to apply to the case. Present any relevant case law that may help to your case.
Present your analysis of the links between the rules and the facts of the case. Distinguish the facts of your case from the facts of other cases when arguing against or for using certain case law to support your reasoning (ECJ or national). Be prepared to react to the reasoning of the other party (think of the weak points in your defence etc.)
Present the conclusion - suggest the court how it should decide on the case from your point of view based on the arguments presented by you.