This article is written by Prabhjeet Singh, he is 2nd-year student of ll.b in department of laws, Panjab University Chandigarh.
Introduction
A Moot Court is a simulation of a real court to give law students an insight on dealing with a legal problem, specifically how to assess the problem, how to research and prepare your case and arguments, how to prepare their counter-arguments and gain an upper edge over their counterparts, it also gives an overview of court manners, way to treat the judges, ways to respond to their counterparts, being polite as well as sturdy while presenting arguments and counter-arguments, etc. It’s a method to teach students how to preset their cases in front of the judge/bench.
Meaning and Importance
It aims to teach proper manners, proper attire, and to politely and peacefully present their case in front of judge/bench. It not only improves the speaking skills but also improves the convincing skills as well as a better understanding of the law. it is a method to train the future officers of the law to keep the essence of righteousness, justice, peace, harmony, and equity alive in the nation in the present as well as in the times to come. it is important to embed the practical knowledge to the future lawyers who would carry the trust of their clients in good terms during advisory as well as arbitration.
Set up (composition)
- A Judge or a bench of Judges
- A moot proposition (legal problem)
- Representatives of the parties involved (counsels)
- Court clerks
{ A Team generally includes 3 persons, two speakers and a researchers}
Proposition
Proposition is the “problem”, provided by the organizer to teams over which they have to create their arguments in favor of their imaginary clients. Generally, a proposition is basically based on any similar case or scenario that had or could have happened in the real life. It contains few issues over which the teams participating have to create their arguments from both sides.
IMPORTANT POINTS WHILE ASSESSING THE PROPOSITION
- Try to read it multiple times and try to assess the meaning of every single word mentioned in the proposition.
2. Try to find the missing information within the proposition
Moot material
The moot memorial is the detailed file that contains the Jurisdiction of your case, the facts of the case, the issues mentioned in the proposition, basic summary of your argument for each proposition, your detailed arguments, and references of the judicial precedents and/or jurisprudence used to support your arguments and your prayer to the court of law.
IMPORTANT POINTS
1.Always follow the mentioned formatting in the rules while drafting your memorials
2.you have to draft the memorials from both sides.
3.Memorial should be detailed and the use of accurate language is proffered over the use of vagueness.
Content of Moot Material
Cover page
Table of content
Index of authorities
Statement of jurisdiction
Statement of facts
Statement of issues
Summary of arguments
Arguments advanced
Prayer
ATTIRE
In order to argue upon a case in the courtroom, one needs to don the
specified court uniform. A standard court uniform includes the following:-
Black suit with black tie,
White shirt, Black formal shoes (White or Black
Turban for Sikh Students)
( Black and White suit or sari for females is also
admissible)
No ring in finger or chain in neck.
No unnecessary accessories.
No ID or any object that reveals the identity of your college/university.
MANNERS
ENTERING THE COURT
Bow before the judge as soon as you enter regardless of his attention.
The appellant has to take the left seating and the respondent has to take
right; facing the judge (unless the contrary is arranged).
If the judge enters the court room, stand up, when judge reaches his chair,
bow before him and take your seat only when he is seated.
When the judge indicates then the first counsel must approach the podium
and bow before the judge/bench before starting the arguments.
LEAVING THE COURT
As the judge leaves his chair, get up and bow before him.
Wait for the judges to leave before proceeding out the courtroom.
Do not address the judge as “your lordship”, because, not only in moot court but also in an actual court, judges are showing displeasure to these words. So, try to address them either “Sir” or “your honor”.
Mention the contentions/issues/submissions to be taken up by you.
If the arguments are divided then also mention the contentions taken by your co counsel.
Never interrupt a judge when he is asking or clarifying a point.
Never point a finger or behave arrogantly or be hostile towards the opposite party.
Avoid saying ‘Thank you’; instead use ‘highly obliged’.
Avoid using slangs in court.
Avoid redundancy of narration of facts by counsel for respondent.
Never display your back to bench.
Passing the information;
- to pass information to the judges, supply it beforehead to the court clerk, or if needed in between pass the material through the same court clerk swiftly.
- to oralist, use sticky notes to convey information without disturbing the court.
The lawmatics Mooting Series
Moot court activities considered a very important part of law students’ life, but most students do not know the know-how of moot courts proceeding including memorial preparation.
So, the lawmatics is here to help those students to teach the specifies of moot courts. We are publishing moot series to help you with your moot courts. if you also want to share your experience of the moot court or mooting suggestion to law students. then share with us, to know submission details, click here.
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