Moot Court

Kalpeshkumar L GuptaAssistant Professor of Law

March 27, 2015

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Outline

1. Introduction, Moot Court2. Tools for Excellence 3. Moot Court – Practice & Procedure 4. How to crack the problem5. Oral Submission6. Finance for moot court activity7. Do’s & Don'ts8. Judges for the moot court and the

organizing committee

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Outline



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Introduction

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Society needs good and efficient teachers, judges, advocatesand law officers and above all good citizen.

Producing good law professional is not easy task. It needstremendous effort and commitment to achieve this.

Moot Court is one such activity which helps students of lawbecoming good professional.

What is Moot Court ?

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Moot court is an artificially created arrangement with aget up similar to a real court where student advocatesargue hypothetical cases.

The moot problems are mostly based on actual caseswith some modification.

Type of moot problem

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Moot Problem

Appeal Level

Trial Court Level

Three important constituents in organizing a moot court.

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Student Advocates

Judges

Org. Comm.

Significance of Moot Court

8Cont…

Participation in moot is essential for ????

It is must for all associated with the study of lawwhether you want to be a lawyer, a teacher, judge, acorporate lawyer, legal advisor.

Why everybody should participate

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Your success as a law professional depends upon thefollowing four factors

a. Your capacity to comprehend the problems on a given set

of facts and cull out the legal issue involved.

b. Knowledge of existing provisions of law, applicable on

those legal issues.

c. Capability to apply the law on those facts to solve the

legal problem.

d. Your skill in persuading the concerned authority to take a

view which you want them to take.

Opportunity in Legal Profession

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a. Lawyer

b. Judge

c. Teacher

d. Law Officer

e. Public Prosecutor

f. Join Legal Process Outsourcing (LPO)

g. Legal Correspondent

h. For Civil Service

i. Join publishing company

j. Become author etc.

Opportunity in Legal Profession

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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

http://articles.economictimes.indiatimes.com/2011-09-04/news/30110119_1_lawyers-indian-politics-national-law-school

Outline



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Tools for Excellence

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1. 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.

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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.

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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 politelyBut firmly

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Moot Court Practice & Procedure

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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.

Moot Court Practice & Procedure

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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.

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How to crack the problem

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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.

How to crack the problem

21Cont…

Master the law

- After mastering case facts, its turn to master the law.

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“For a judge rarely performs hisfunctions adequately unless the casebefore him is adequately presented”

-- Louis D Brandeis

Tools for Excellence in Oral Submission

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a) Practice, Practice, Practice

b) Ask friend to preside as judge

c) Presentation

d) Court manners

e) Experience

f) Do not be afraid of failures

g) Read the minds of judges

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Finance for Moot Court Activity

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Finance through internal and externalsources.

Law firms and other organizations supportthis activity. e.g. Surana & Surana MootCourt Competition, Bar Council of India, BarAssociations, Law publishing companies etc.

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Do’s

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Cite the relevant cases decided the courtsalongwith authentic copy of the reports orjournal one copy to each judges and one toother side. Citing of cases always enhances thecredibility of the mooter and gives strength tohis argument.

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Do’s

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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.

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Do’s

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While reading from brief or cases always takethe judges along with you by pointing to therelevant page and para you are reading. If youare reading from brief, point out the page andline from where you are reading and pause untillthe judges have found them.

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Do’s

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Always address court with due respect andcourtesy. This is must.

No matter what is the situation, one should notbecome irritated

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Do’s

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Always be neatly and properly dressed.

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Do’s

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Keep your reference material flagged and casesflagged so that you can refer them withoutdelay and remain organised at podium.

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Do’s

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Always make points on which you need to givereply while your opponent is speaking so thatyou do not forget when you get a chance torespond to his arguments.

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Don’ts

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You should not never express personal opinionon the case.

The duty of an advocate is to submit andsuggest on the basis of facts.

You are officer of the court and supposed toassist the court.

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Don’ts

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Don’t cite text books as final authority. Alwayscite cases decided by higher courts.

Reference to text books can be made only ifthere is no decided case on that point.

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Don’ts

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Don’t interrupt a judge while he is speaking.

Let the judge finish before you respond to himotherwise you may not appreciate the question.

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Don’ts

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Don’t reply in hurry

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Don’ts

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Don’t read from your brief.

In any case if you have to read, involve the judgeand inform the text from which you are reading.

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Don’ts

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Do not cite cases without having law reportswith you or at least their photocopy.

Keep extra copy of the case to cited and markthe relevant portion to be read at the time oforal submission.

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Don’ts

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Don’t use abbreviation in speech.

Always use full form. Don’t say AIR but say AllIndia Reporter.

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Judges for the moot court

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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.

Judges for the moot court

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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.

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The Organizing Committee of the moot court

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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.

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Moot Court

Law

Transcript of Moot Court