How to write a Memorandum?

What is Moot Court Exercise?

A moot court is patterned after an appeals court or Supreme Court hearing. The court, composed
of a panel of judges, is asked to rule on a lower court's decision. No witnesses are called, nor are
the basic facts in a case disputed. Arguments are prepared and presented on the application of a
law, the constitutionality of a law, or the fairness of previous court procedures. In many ways the
moot court is like a debate, for each side presents arguments for the judges' consideration.

Moot court enhances the three most important skills that law schools offer their students: starting
an argument with a conclusion, differentiating fact from opinion, and organizing a legal
argument by issue rather than by a chronological narrative of the facts. Moot court also teaches
students professionalism and ethics, to apply law to fact, to structure and rank a legal argument
by strength, and not to assert losing propositions.
What is a Memorandum?

Though Memorial is the term commonly used Memorandum is the correct usage.

A Memorandum is a short and neutral memo which summarizes the facts, issues, and arguments
of a court case. It is used by the judge as a reference when preparing for the trial, when hearing
the lawyers’ arguments, when drafting a decision, and just generally to give the judge an idea of
what the arguments given by each side in the court case will be.

Tips for making a good memorandum

1. Use precise and simple English in your moot memorandum.

Appellants/Respondents/Claimants/Defendants

Some confusion may arise over terminology at this point. The claimants (referred to in older
cases as the plaintiffs) are the party which initiated the original action, but are not necessarily the
appellants. Here is an example.

1. Dallip Singh sues Anvar over negligent work.

Dallip Singh = claimant Anvar = defendant

Dallip Singh wins the case.

Anvar = defendant and appellant Dallip Singh = claimant and respondent

Anvar wins.

3. Dallip Singh appeals to the Supreme Court.

Dallip Singh = claimant and appellant Anvar = defendant and respondent

How to Call Members of the Court?

A single male judge, in both the Supreme Court and Court of Appeal is to be referred to as 'My
Lord' where you would usually use a name and ‘Your Lordship where you would usually say
'you'.

A male or mixed panel of judges is 'My Lords' or 'Your Lordships'.

A single female judge can be referred to as 'My Lady' or 'Your Ladyship',

'Your honour' is not suitable for addressing the judge in an appellate court

Court Etiquette

The language of a courtroom is different from that used in everyday speech, and you should try
and formulate phrases as you might expect a Advocate or judge to say them. Colloquial phrases,
such as 'Okay' and 'All right' are not acceptable. If a judge corrects your mistaken interpretation
of a case, the correct response would be something like 'I am grateful for your Lordship's
assistance' rather than 'OK. Ta.'

How to begin the submissions?

You may start by saying,

With the pleasure and permission of this honourable court may the counsel introduce itself?

Much obliged your Lordship

Standing before the court is Punnet Yadv, the counsel for the appellant appearing in the case of

Always express gratitude for permissions granted, for being corrected when wrong, when
complimented.

Answer all questions as courteously as possible.

(Jurisdiction of the court)

The counsel has approached the honourable court under section…….. of Civil Procedure code.

If the court is well settled may the counsel put forward the facts of the case Your Lord ship?

Much obliged your Lord ship.

When mentioning about a case that you have referred to-

“May I direct/draw your Lordship’s attention to Page Number --- of the memorandum?”

Finally

If your Lord ship has no more queries may the counsel put the case to rest?

What is the best way to prepare for oral arguments?

"Research, research, research. Then think about how to explain the case and your arguments in a
compelling way."

"Rehearse, rehearse, and rehearse. Practice out loud. Get comfortable with the way your
argument sounds and with saying the names of the parties, cases, and statutes. Get comfortable
with the language of the case, with the particulars, and it will be easy to talk about them fluidly
without looking at your notes."

Good luck and have fun!

BEFORE THE HONORABLE HIGH COURT, DELHI

In The Matter Of:

MOHORI BIBEE .....................................................................APPELLANT

Vs.

DHARMODAS GHOSE …………….............. ...................RESPONDENT

COUNSEL FOR APPELLANT

MOHIT YADAV

Programme: BA.LL.B(Hons)

Semester - I

Enrollment Number:

Marks awarded ____________ __________________

Out of 10) Signature of the Faculty

INDEX OF AUTHORITIES........................................................................................................ 3

STATEMENT OF JURISDICTION........................................................................................... 6

STATEMENT OF FACTS........................................................................................................... 7

STATEMENT OF ISSUES .......................................................................................................... 9

SUMMARY OF ARGUMENTS................................................................................................ 10

ARGUMENTS ADVANCED.....................................................................................................13

PRAYER..................................................................................................................................... 40
 INDEX OF AUTHORITIES

A. ARTICLES

Here write about the articles that you referred to in preparing the memorandum.

For example:

Mojtaba Kazazi, Burden of Proof and Related Issues: a Study on Evidence before International Tribunals
369 (Martinus Nijhoff Publishers 1996).

If you have not referred to any article don’t write anything here.

B. BOOKS AND COMMENTARIES:

Here write about the Books and Commentaries that you referred to in preparing the
memorandum.

For example:

Prof.S.N.Misra, Indian Penal code

If you have not referred to any Books and Commentaries don’t write anything here.

C. JUDICIAL DECISIONS:

Here write about the cases that you referred to in preparing the memorandum.

For example:

1. Abhinandan Kumar vs. MVL Limited MANU/CF/0321/2015

D. STATUTORY COMPILATIONS

For example:

1. INDIAN CONTRACT ACT, 1872

2. ARBITRATION AND CONCILIATION ACT, 1996

3. THE CONSTITUTION OF INDIA, 1950

For example:

1. http://www.findlaw.com

2. http://www.indiankanoon.com

3. http://www.indlawinfo.org/

4. http://www.jstor.org.

5. http://www.judis.nic.in

6. http://www.lawsofindia.org

7. http://www.manupatra.com

8. http://www.scconline.com

9. http://www.supremecourtcaselaw.com
 STATEMENT OF JURISDICTION

Appellants: Write the jurisdiction under which you approach the court

Respondents: Write “The Respondent humbly submits to the jurisdiction invoked by the
Appellant”.

Appellate Jurisdiction of High Court

The High Court is the highest court of appeal in concerned State and enjoys wide appellate
jurisdiction in cases:-

Civil Matters

First appeal from orders of dist, additional dist and other subordinate courts on both questions of
law and fact if amount of fine exceed a pre defined limit.

Second appeal from orders of dist, additional dist and other subordinate courts only on question
of law (not includes fact).

The Calcutta, Bombay and Madras High Courts have provision for intra court appeal. It means if
any judgement or order is delivered by single judge bench then appeal for such case lies to
division bench of same high court.

Appeals from administrative and other quasi judicial tribunals lie to division bench of the state
High court. In 1997, SC ruled that tribunals are subjected to writ jurisdiction of High Court. So
an aggrieved person by decision of tribunals has to approach State High Court first rather than
SC directly.

Criminal Matters

Appeals from order or decision of session and additional session court judge lie to High Court if
sentence of imprisonment is more than 7 yrs. But death sentence shall get approval of High
Court whether an appeal made by convict or not.

STATEMENT OF FACTS

This section is a retelling of the facts from the client's point of view. The facts, however,
provided in the problem are not to be added to or disputed. This section should be about one
page long, and not more then two pages. Counsels should explain the situation in a way that it
helps their client. This is a very important part of the brief that sets the stage for the argument,
and should be presented both to help the court understand the case and show the client in the best
possible light. Remember not to assume facts not given, and do not distort, change, or add to the
facts.

For example:

1. Jitender Sharma was a young boy of 18 years of age. He fell in love with Poonam Sharma
who was a girl of16 years of age.
2. One day they eloped from their respective homes and got married as per Hindu rites and
ceremonies. Poonam’s family members were against this marriage. Her Grand Father and
Paternal uncle were not ready to accept this marriage at any cost. They threatened
Poonam of her life and safety.
3. Thereafter Poonam’s father lodge First Information Report (FIR) against Jitender at
Gandhi Nagar Police Station, Delhi under section 363 and section 376 of Indian Penal
Code.
4. On 05.05.2010, a typed letter signed by Poonam was received at the Gandhi Nagar Police
Station stating that she had married Jitender with her own will and request not to file any
criminal case against Jitender.
5. Thereafter on 07.05.2015 Jitender and Poonam were apprehended from Bilaspur in Uttar
Pradesh and produced before court. Poonam refused to undergo any medical
examination. She did not state any thing against Jitender in her statement before the
Magistrate under section 164 of Code of Criminal Procedure, 1973. Thereafter Jitender
was sent to Juvenile Home.
6. Subsequently, Poonam gave in writing that she had left her parents home by her own will
and went along with Jitender. The court sends Poonam to Nari Niketan for some time.
Then on 17.05.2010, Poonam’s custody was handed over to her parents.
7. Thereafter, on 15.06.2010 Jitendre was released. Subsequently, he demanded custody of
her wife by filling writ petition in Delhi High Court.

STATEMENT OF ISSUES

This is a very short introductory statement of the legal issues or points of law involved in the
case. It tells the judges precisely what legal issues the court has to decide. These issues are stated
in question form and should be phrased in such a way that a "yes" answer will support one's
position. These statements are very short, generally no more that one sentence per issue.

For example:

1. Whether Jitender is liable for the kidnapping of Poonam from her legal guardian?

2. Whether the marriage is voidable under the Hindu Marriage Act, 1955?

3. Whether the Jitender is liable under section 376 of I.P.C., 1960?

4. Whether Poonam must be sent with Jitender under Guardian and Wards Act, 1890

SUMMARY OF ARGUMENTS
ARGUMENTS ADVANCED

PRAYER
In light of the issues raised, arguments advanced and authorities cited respondents most humbly
request this Court to adjudge and declare that:

1.

2.

All of which is humbly prayed,

Counsel for Respondent