National Law University Odisha

COURSE OUTLINE

Trial and Appellate Advocacy

SEMESTER – IX
COURSE: B.A., LL.B./ B.B.A. LL.B.
July 2020 to November 2021
Course Credit: 4

Course Instructors:

Prof. Ved Kumari

Dr. Rangin Pallav Tripathy
Dr. Suman Dash Bhattamishra
COURSE OBJECTIVE

This Course aims to impart the practical skills of client interviewing, legal research, case analyses
and strategy, witness handling, presentation of arguments at the trial and appellate stages of a case.
The course has been divided into four components dealing with Mock trials, Moot Court, Court
visits and Viva Voce/attendance as per the BCI regulations. The methods of teaching this course
include short lectures, role plays, simulation exercises, writing exercises and presentations, and
court/chamber visits. The students shall be required to keep a log of the activities done in the
court/chamber recording factual information of the work done or proceedings observed. More
importantly, the logbook / court diary shall include the reflections of the students on the practices
and procedures observed during their internship in comparison to what is expected by the law and
legal provisions, and skills being focused in the class simulations. The purpose is to expose the
students to the system of administration of justice in real life and develop critical thinking about
impact of law on people. Such learning is crucial and integral to legal profession. By learning the
practical skills throughout the Course, the students shall have the basic confidence in doing
research, communication skills, and preparing, filing and contesting cases on strong grounds
before the Courts of Law in India as well as in other countries.

LEARNING OUTCOMES OF THE COURSE

After successful completion of this Course, students should be able to:

1. practice at all the stages of any case/matter and at all the fora with critical thinking
2. do independent research, case analyses and strategy planning, prepare and present
arguments in a persuasive manner
3. do client interviewing and counselling, conduct examination–in-chief and cross-
examination of witnesses
4. prepare and present arguments on facts and law in trial courts
5. work in teams which is essential for legal practice.

SCHEME OF EVALUATION

There is no written examination at the end of the semester in this paper.

The break-up of marks in each unit may be changed in the paper from time to time. Broad division
of marks is as follows:
Unit 1 = 30 marks
Unit 2 = 30 marks
Unit 3 – 30 marks
10 marks have been kept for attendance in this course as follows:
71-75% - 1 mark 76-80% = 2 marks 81-85% = 4 marks
86-90% = 6 marks 91-95% = 8 marks 96-100% = 10 marks

IMPORTANT NOTE:

1. The topics, cases and suggested readings are not exhaustive. The Committee of teachers
teaching the Course shall be at liberty to revise the topics/cases/suggested readings,
specially in view of the unpredictable situation created by the Pandemic.

2. Students are required to study/refer to the legislations as amended from time to time, and
consult the latest editions of books.
 Unit I: Mock Trial including Client Interviewing and Counselling and Case Analyses

A- Client Interviewing Counselling- Oral exercise (5 marks)

The students will learn the basics of client interviewing and counseling through simulation
exercises.
B- Case Analyses-Witten exercise (5 marks)
The students will be required to do case analyses in the mock trial exercise to be done by
them.
C- Mock Trial including Examination in Chief, Cross Examination, oral arguments, and
written submission of arguments-5 marks each (Total 20 marks)
At least two mock trials, one Civil and one Criminal will be conducted during the course
of the semester. The students will be divided in teams of lawyers and witnesses. Each
student will be required to function as a lawyer and witness in the mock trials being
simulated in the classroom.

Unit II: Moot Courts

The teacher teaching this course will supply three Moot Court problems to the students in the
course of a single semester requiring them to work on all three problems assigned to them, prepare
written submissions (memorials) and present oral arguments in a moot court setting. 30 marks for
this component are divided equally between written submission and oral arguments. Students may
be asked to work in teams at the discretion of teacher. Each student will prepare a case only on
one side.
A. Rules re Memorial submissions:
1. Each student must submit one typed and bound copy of the memorial on either side no later
than the date fixed and announced in the class. Memorials will not be accepted after the
prescribed date and time and the student will lose the marks assigned for that assignment.
2. Memorial specifications:
a) Memorials must be printed on A4 size white paper with black ink on both sides of the paper.
b) The body of the memorial must be in Fonts Times New Roman, Size 12 and footnotes in Fonts
Times New Roman in Size 10.
c) Each page must have a margin of at least one-inch on all sides. Do not add any designs or borders
on the pages.
d) Memorials should be submitted with differently coloured Title Page for each side:
• Title page in blue colour for Petitioner / Appellant
 • Title page in red colour for respondent
• The students shall provide their full name, enrollment number and exam roll
number on the title page only.
e) The Memorial should not exceed 20 typed pages (line space 1.5) and shall consist of the following
Parts:
• Table of Contents
• Statement of Facts
• Statement of Jurisdiction
• List of References and Cases
• Statement of Issues
• Summary of Arguments
• Detailed Pleadings
• Prayer
• Affidavit, if necessary
f) Relevant Annexures may be kept by the student and may be used during oral arguments, if
necessary.
B. Rules re Oral Arguments:
• Court Language shall be English unless prior permission is sought from the teacher to
speak in Hindi.
• Each student would be given 10 minutes to present their oral arguments
• Judges may, at their discretion extend oral argument time, up to a maximum of 5
minutes.
• Rebuttal would be allowed only to the petitioner and they would have to specify in the
beginning the time they want to set apart for rebuttal.
• Evaluation: The oral performance will be evaluated on the basis of communication
skills, application of facts, persuasion / use of authorities, and response to questions.

Unit III: Internship

This part will require the students to be attached with any of the following;

1. Practising Lawyers with at least 10 years of standing at the Bar

2. Law Firms
3. Corporate Firms
4. Non-Governmental Organizations
5. Research Organization/Research Think Tank
6. Judicial Clerkship
7. University Research Centres
8. Public Sector Undertakings
9. Banks
 10. Government Department/Agencies
11. Statutory Authorities

Preparation for this component has to begin from the beginning of the semester. Each student is
required to spend at least one month doing internship during the summer vacation / winter break /
mid-semester break. Full time internship during the semester is not permitted by the Bar Council
of India and students may do only project work during the semester. During the internship, the
students must keep record of client dealings, research and drafting done, fact investigations, etc.
A certificate confirming the student’s attendance and the work done during internship shall have
to be attached with the internship diary to be submitted at the end of this semester.

The students are expected to maintain a diary of their field visits, work done during placement and
their observations. In the diary, they have to keep a log of the time spent by them each day
including factual accounting of their experience of what they are doing, seeing and hearing.
However, the diary should not be only descriptive of each day but should focus on what they learnt
during the day. What were they thinking and feeling about their experiences? What is exciting or
surprising? What is bothering them? What are their questions or insights about lawyering and
judging? What criticism or praise do they have for the legal system? What else would they like to
be taking place in their experience? They should be careful that while writing their accounts they
do not reveal any confidential information.

The diary should contain two parts: (a) the factual information about the internship / court
proceedings; and (b) Reflections on their learning from the placement / court proceedings. Each
part will be evaluated separately for 15 marks each. This part carries a total of 30 marks.

The diary is an integral part of the course and they will be evaluated in terms of thoughtfulness
and reflections about their learning experience. They must be sure to write the journal in their own
words even if they went with another class fellow or were in a group and observed the same things.

Suggested Readings
1. NRM Menon (ed.) Clinical Legal Education (1998)
2. Don Peters, The Joy of Lawyering: Readings for Civil Clinic (1996)
3. B. Malik, The Art of a Lawyer (9th Ed. 1999)
4. Steven Lubet, Modern Trial Advocacy: Analysis and Practice (1993)
5. Thomas A. Mauet, Trial Techniques (1996)
6. Thomas A. Mauet, Pre- trial (1995)
7. Inns of School of Law, Advocacy (1999/2000)
8. Inns of School of Law, Case Preparation (1999/2000)