Stepping into where the law happens
What do courts mean to you? If we ask the question to a layperson, we may get answers about judges, police, juries, etc. To me, a court is where the law happens. The law is not only what is written in cases and statutes; it is also about applying it to solve real-world problems in courts.
Fortunately, early this year, I found an opportunity to participate in the proceedings in a moot setting. Specifically, every year, the Advocacy Training Council of the Australian Bar Association organises trial advocacy courses for barristers. It is conducted in real courtrooms and by real barristers. It aims to provide an as real as possible environment for barristers to sharpen their advocacy skills. To fulfil the aim, the Council needs volunteers to play the roles of witnesses and juries, allowing me to step into where the law happens.
I was allocated a principal witness role for a mock civil trial and a juror role for a mock criminal trial. The civil trial concerned unconscionability, Australian Consumer Law, and property acquisition, whereas the criminal trial concerned charges relating to conspiracy to murder. I will discuss my civil trial experience here.
For the civil trial, I was a witness that was cross-examined. I was provided affidavits and asked to remember as many details provided by the affidavits as possible (witnesses are not allowed or at least not supposed to read their affidavits in courts). The quick lesson is how critical a succinct, consistent, and reliable affidavit is. The affidavit I was given made me scratch my head many times as I was again and again in a self-contradictory position.
On the day of the mock cross-examination, I was sitting in the witness box of the Federal Court, struggling with my nervousness and trying to stay calm. That three barristers cross-examined me as a witness did not help me feel comfortable. Notwithstanding, I observed how barristers conduct cross-examination effectively and how it should not be done. It taught me that reading cases thoroughly and being prepared for anything unexpected is so critical that if a barrister does it wrong, it can end up with a disastrous oral examination (which can be embarrassing and risky in a real court). The lesson is also essential for my law study since our legal teaching mainly uses the Socratic method, where law students are placed in the position of barristers arguing cases in front of tutors similar to judges.
Before I dropped my pen, my experience taught me more than I said. It showed me civil and criminal procedure in a real-world setting, the challenges and importance of evidence, and how to think quickly on foot while in court. It shows me how to solve a more complex hypothetical case using various laws, such as ACL, contract, property, criminal, etc. My final verdict is that for anyone interested in seeing where the law happens, go ahead and fetch any opportunities to entertain your interest. It is worth every effort and nerve-wracking moment.