Moot Court

Moot Court - An Overview
Helpful for Law Students

1. Kalpeshkumar L Gupta Assistant Professor of Law Moot Court March 27, 2015 1

2. Outline Introduction, Moot Court Tools for Excellence Moot Court – Practice & Procedure How to crack the problem Oral Submission Finance for moot court activity Do’s & Don'ts Judges for the moot court and the organizing committee 2

3. Outline Introduction, Moot Court Tools for Excellence Moot Court – Practice & Procedure How to crack the problem Oral Submission Finance for moot court activity Do’s & Don'ts Judges for the moot court and the organizing committee 3

4. Introduction 4 Cont … Society needs good and efficient teachers, judges, advocates and law officers and above all good citizen. Producing good law professional is not easy task. It needs tremendous effort and commitment to achieve this. Moot Court is one such activity which helps students of law becoming good professional.

5. What is Moot Court ? 5 Cont … Moot court is an artificially created arrangement with a get up similar to a real court where student advocates argue hypothetical cases. The moot problems are mostly based on actual cases with some modification.

6. Type of moot problem 6 Cont …

7. Three important constituents in organizing a moot court. 7 Cont …

8. Significance of Moot Court 8 Cont … Participation in moot is essential for ???? It is must for all associated with the study of law whether you want to be a lawyer, a teacher, judge, a corporate lawyer, legal advisor.

9. Why everybody should participate 9 Your success as a law professional depends upon the following four factors Your capacity to comprehend the problems on a given set of facts and cull out the legal issue involved. Knowledge of existing provisions of law, applicable on those legal issues. Capability to apply the law on those facts to solve the legal problem. Your skill in persuading the concerned authority to take a view which you want them to take.

10. Opportunity in Legal Profession 10 Cont … Lawyer Judge Teacher Law Officer Public Prosecutor Join Legal Process Outsourcing (LPO) Legal Correspondent For Civil Service Join publishing company Become author etc.

11. Opportunity in Legal Profession 11 In Britain around 14% of MP in 2010 were formerly barrister or solicitor. 75 of the 543 members (14%) of the Lok Sabha and 73 of 244 members (30%) of the Rajya Sabha are lawyers.* * http :// articles.economictimes.indiatimes.com/2011-09-04/news/30110119_1_lawyers-indian-politics-national-law-school Economics Times, September 4, 2011

12. Outline Introduction, Moot Court Tools for Excellence Moot Court – Practice & Procedure How to crack the problem Oral Submission Finance for moot court activity Do’s & Don'ts Judges for the moot court and the organizing committee 12

13. Tools for Excellence 13 Don’t think you are mooter . …..you are not mooting but you are a lawyer representing your client….. 2. Have a positive frame of mind. ……as a mooter your task is not to win the case but present case in best possible way. ……bring to the notice of the court the point of law. involved and provision of the law applicable. ……. be well versed with the facts and law involved. 3. Mooting it is not a test of memory …..mooting is essentially a test of knowledge of law, argumentative skill and persuasive skill. Cont …

14. Tools for Excellence 14 4. Mooting is not a debate, lecture talk ……you are in direct communication with the judges and they can interrupt you at any moment asking whatever questions they think fit. 5. Try to develop good oratorical skills ……constant practice. Cont … Cont …

15. Tools for Excellence 15 6. Other important aspects ……Your behaviour towards the court should be both respectful and pleasing ……properly and smartly dressed ……don’t be aggressive, moderate your voice with suitable pace, don’t try to interrupt the judges, don’t enter into argument with judges ……before giving reply take your time, also make sure that judges listening to you. ……You must learn the art of expressing your disagreement with the judges. The disagreement must be expressed politely But firmly Cont …

16. Outline Introduction, Moot Court Tools for Excellence Moot Court – Practice & Procedure How to crack the problem Oral Submission Finance for moot court activity Do’s & Don'ts Judges for the moot court and the organizing committee 16

17. Moot Court Practice & Procedure 17 Cont … Assignment of moot problem Moot problems are based on decided cases with certain facts modified and altered. At higher level complete hypothetical cases may be there . This problems may relate to one branch of law or may involve principles of various branches of laws . The problem of moot court is so framed as to leave sufficient scope for a student advocate to frame arguments for the side he has chosen to argue.

18. Moot Court Practice & Procedure 18 Fact Investigation & Research Once the moot problem is assigned to the student advocate, the next step is to acquire mastery over the facts. He should have complete picture of the case. Divide facts in paragraphs. Select those facts in the case which have legal significance and which can be turning point of the cases. Cont …

19. Outline Introduction, Moot Court Tools for Excellence Moot Court – Practice & Procedure How to crack the problem Oral Submission Finance for moot court activity Do’s & Don'ts Judges for the moot court and the organizing committee 19

20. How to crack the problem 20 Cont … Master the facts Master the facts, for that read cases again and again. Take break between each reading. Make two column in note, one for plaintiff and one for opponent side. Start writing facts which favour each party in their respective columns. For competition you have to be prepared for both side.

21. How to crack the problem 21 Cont … Master the law After mastering case facts, its turn to master the law.

22. Outline Introduction, Moot Court Tools for Excellence Moot Court – Practice & Procedure How to crack the problem Oral Submission Finance for moot court activity Do’s & Don'ts Judges for the moot court and the organizing committee 22

23. 23 “For a judge rarely performs his functions adequately unless the case before him is adequately presented” -- Louis D Brandeis

24. Tools for Excellence in Oral Submission 24 Practice, Practice, Practice Ask friend to preside as judge Presentation Court manners Experience Do not be afraid of failures Read the minds of judges Cont …

25. Outline Introduction, Moot Court Tools for Excellence Moot Court – Practice & Procedure How to crack the problem Oral Submission Finance for moot court activity Do’s & Don'ts Judges for the moot court and the organizing committee 25

26. Finance for Moot Court Activity 26 Finance through internal and external sources. Law firms and other organizations support this activity. e.g. Surana & Surana Moot Court Competition, Bar Council of India, Bar Associations, Law publishing companies etc. Cont …

27. Outline Introduction, Moot Court Tools for Excellence Moot Court – Practice & Procedure How to crack the problem Oral Submission Finance for moot court activity Do’s & Don'ts Judges for the moot court and the organizing committee 27

28. Do’s 28 Cite the relevant cases decided the courts alongwith authentic copy of the reports or journal one copy to each judges and one to other side. Citing of cases always enhances the credibility of the mooter and gives strength to his argument. Cont …

29. Do’s 29 Listen to the judges attentively and do not speak if the judges are talking to each other. When judges are consulting among themselves they are trying to clear some points and it is always discourteous to disturb them. Cont … Cont …

30. Do’s 30 While reading from brief or cases always take the judges along with you by pointing to the relevant page and para you are reading. If you are reading from brief, point out the page and line from where you are reading and pause untill the judges have found them. Cont … Cont …

31. Do’s 31 Always address court with due respect and courtesy. This is must. No matter what is the situation, one should not become irritated Cont … Cont …

32. Do’s 32 Always be neatly and properly dressed. Cont … Cont …

33. Do’s 33 Keep your reference material flagged and cases flagged so that you can refer them without delay and remain organised at podium. Cont … Cont …

34. Do’s 34 Always make points on which you need to give reply while your opponent is speaking so that you do not forget when you get a chance to respond to his arguments. Cont … Cont …

35. Don’ts 35 You should not never express personal opinion on the case. The duty of an advocate is to submit and suggest on the basis of facts. You are officer of the court and supposed to assist the court. Cont … Cont …

36. Don’ts 36 Don’t cite text books as final authority. Always cite cases decided by higher courts. Reference to text books can be made only if there is no decided case on that point. Cont … Cont …

37. Don’ts 37 Don’t interrupt a judge while he is speaking. Let the judge finish before you respond to him otherwise you may not appreciate the question. Cont … Cont …

38. Don’ts 38 Don’t reply in hurry Cont … Cont …

39. Don’ts 39 Don’t read from your brief. In any case if you have to read, involve the judge and inform the text from which you are reading. Cont … Cont …

40. Don’ts 40 Do not cite cases without having law reports with you or at least their photocopy. Keep extra copy of the case to cited and mark the relevant portion to be read at the time of oral submission. Cont … Cont …

41. Don’ts 41 Don’t use abbreviation in speech. Always use full form. Don’t say AIR but say All India Reporter. Cont … Cont …

42. Outline Introduction, Moot Court Tools for Excellence Moot Court – Practice & Procedure How to crack the problem Oral Submission Finance for moot court activity Do’s & Don'ts Judges for the moot court and the organizing committee 42

43. Judges for the moot court 43 Competent judges for moot is very important. Judges should be acquainted with the topic and interested in judging the competition. Judges should be provided with the copies of the problem and written memorial in advance. The assessment sheet for the competition should also be provided in advance so that the judges are aware of the factors on which a student needs to be assessed at the time of competition.

44. Judges for the moot court 44 For national competition, sitting judges of HC or DC can be invited. For other occasions lawyer and teachers may be invited. At the initial stages or at practice session senior students who have participated in the moot court competition can be made to sit in the moot court. Cont … Cont …

45. The Organizing Committee of the moot court 45 Task to be done by organizing committee. Inviting Judges. Arrange volunteers for various works. Inviting and receiving mooters . Making arrangement for moot court room. Preparation of problem and its distribution. Appointing court masters. Collection of written material, its assessment.

46. 46 [email protected]