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Kalpeshkumar L Gupta

Assistant Professor of Law

March 27, 2015

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

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

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Introduction
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.

Cont…
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What is Moot Court ?
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.

Cont…
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Type of moot problem

Appeal
Moot Level
Problem Trial Court
Level

Cont…
6
Three important constituents in organizing
a moot court.

Org.
Comm.

Judges

Student
Advocates

Cont…
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Significance of Moot Court
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.

Cont…
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Why everybody should participate
Your success as a law professional depends upon the
following 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.

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Opportunity in Legal Profession

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.
Cont…
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Opportunity in Legal Profession

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

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Tools for Excellence
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.

Cont… 13
Cont…

Tools for Excellence


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… 14
Cont…

Tools for Excellence


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

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

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Moot Court Practice & Procedure

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.

Cont…
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Cont…

Moot Court Practice & Procedure

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

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How to crack the problem
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.

Cont…
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How to crack the problem
Master the law

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

Cont…
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Outline
1. Introduction, Moot Court
2. Tools for Excellence
3. Moot Court – Practice & Procedure
4. How to crack the problem
5. Oral Submission
6. Finance for moot court activity
7. Do’s & Don'ts
8. Judges for the moot court and the
organizing committee

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“For a judge rarely performs his
functions adequately unless the case
before him is adequately presented”

-- Louis D Brandeis

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Tools for Excellence in Oral Submission

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

Cont…
24
Outline
1. Introduction, Moot Court
2. Tools for Excellence
3. Moot Court – Practice & Procedure
4. How to crack the problem
5. Oral Submission
6. Finance for moot court activity
7. Do’s & Don'ts
8. Judges for the moot court and the
organizing committee

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Finance for Moot Court Activity

 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…
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Outline
1. Introduction, Moot Court
2. Tools for Excellence
3. Moot Court – Practice & Procedure
4. How to crack the problem
5. Oral Submission
6. Finance for moot court activity
7. Do’s & Don'ts
8. Judges for the moot court and the
organizing committee

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Do’s

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…
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Cont…

Do’s
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…
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Cont…

Do’s

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…
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Cont…

Do’s

Always address court with due respect and


courtesy. This is must.

No matter what is the situation, one should not


become irritated

Cont…
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Cont…

Do’s

Always be neatly and properly dressed.

Cont…
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Cont…

Do’s

Keep your reference material flagged and cases


flagged so that you can refer them without
delay and remain organised at podium.

Cont…
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Cont…

Do’s

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…
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Cont…

Don’ts

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…
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Cont…

Don’ts

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…
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Cont…

Don’ts

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…
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Cont…

Don’ts

Don’t reply in hurry

Cont…
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Cont…

Don’ts

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…
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Cont…

Don’ts

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…
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Cont…

Don’ts

Don’t use abbreviation in speech.

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

Cont…
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Outline
1. Introduction, Moot Court
2. Tools for Excellence
3. Moot Court – Practice & Procedure
4. How to crack the problem
5. Oral Submission
6. Finance for moot court activity
7. Do’s & Don'ts
8. Judges for the moot court and the
organizing committee

42
Judges for the moot court

 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.
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Cont…

Judges for the moot court

 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…
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The Organizing Committee of the moot court

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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kalpesh.gupta@aurouniversity.edu.in 46

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