MOOT COURT

MOCK TRIAL
INTERNSHIP

Presentation by:
Soumyajit Raha
Advocate
PART-I: CONTENTS
• Objectives of the course
• What is mooting?
• Key Features
• Difference between court and moot court
• Moot court and mock trial
• Why join moot team?
• Importance of Moot Court
• Things to be kept in mind
• Basic Tips: How to Moot
• The moot problem
• Read the problem
• Read the rules of the competition
• Set the deadlines
CONTENTS
• Being part of a team
• Attitude
• Identify Strengths and weaknesses in the team
• Dealing with a crisis of confidence
• Maintaining Trust
• Basic steps in building an argument
1. Read the facts and decide instinctively about the fate of the
issue
2. Identify who you are representing
3. Compile a list of arguments
4. Imagine you represent the other side
5. Repeats steps 3 and 4 at least 5 times
OBJECTIVES OF THE COURSE
This paper is aimed at imparting the following:-
• practical skills of research,
• case analyses and strategy,
• witness handling,
• presentation of arguments at the trial and appellate stages of a
case.
The teaching methods used in the course will include
• hypotheticals,
• role plays,
• simulation, and
• court visits.
WHAT IS MOOTING?
The word “moot” can be traced back to the Anglo-Saxon era of British history when
a “moot” was the meeting of prominent figures and nobles from the local society to
discuss matters of regional importance.
Mooting is the oral presentation of a legal issue or problem against an opposing
counsel and before a judge. It is perhaps the closest experience that a student can
have whilst at university to appearing in court. Mooting now forms a compulsory
part of most law courses but is still a totally voluntary student-organised activity in
other law schools. However, many law schools have introduced mooting as a part
of their course curriculum and assessment. This has enabled students to
understand and apply law that they have learnt.
KEY FEATURES OF MOOTING
Three key features of mooting which have remained from
the Inns of Court and continue in practice today are:
1. assuming the role of advocates before a simulated
Bench;
2. arguing points of law arising from a hypothetical
scenario; and
3. responding to questions from the Bench.
DIFFERENCE BETWEEN COURT & MOOT COURT
COURT MOOT COURT
1. It is a real court of justice for protecting the rights 1. It is an artificial court designed for law students to
and interests of the citizens. learn professional skills.
2. It is established at the sub-divisions, district 2. It is constituted in law colleges and universities.
headquarters, state capitals, in the form of circuit
benches for remote parts of the state and lastly at the
nation’s capital.
3. It is empowered to exercise judicial and quasi- 3. It is not empowered to exercise any judicial or quasi-
judicial powers. judicial powers.
4. The courts are regulated by the constitution of the 4. The moot courts are not regulated by any
country and statutes. constitution or statute; rather are regulated by rules
and regulations framed by the institute or organisation
who organises moot court competitions.
5. The word court has been defined under statute. 5. The word moot court has not been defined under
any statute.
DIFFERENCE BETWEEN COURT & MOOT COURT
COURT MOOT COURT
6. The citizens have a right to approach a court 6. The moot courts do not have any power to
and seek relief. provide relief to anyone, hence no one can
approach a moot court seeking any relief.
7. The courts are presided by Magistrates & 7. The moot courts are headed by any person
Judges appointed by the Government as per the having judicial or quasi-judicial knowledge and
constitution and other provisions of law. sense having no such real powers.
8. Real disputes are resolved and settled in 8. No dispute can be resolved or settled here.
courts.
9. Courts can award punishment and impose 9. Moot courts cannot award punishment and
fines/penalties. impose fines/penalties.
10. The object of courts is to render justice. 10. The object of moot courts are purely
academic.
MOOT COURT & MOCK TRIAL
1. Moot Court & Mock Trial are not real courts.

2. Moot court is a court headed or presided by law teachers or lawyers or any

person with judicial or quasi-judicial sense.

3. Mock trial is a simulated or fictitious trial in which a trial is made by adopting a

more or less similar procedure and methodology like real courts.

4. Both moot court and mock trial have academic objectives.

5. Moot Court and Mock Trial train law students to think like a lawyer and act like
a lawyer.
WHY JOIN MOOT TEAM?
Mooting is a great way to develop:
➢ one’s confidence,
➢ speaking,
➢ writing skills and
➢ research acumen.

Participating in moot courts is not just great for budding

advocates but also for future Judges and arbitrators
IMPORTANCE OF MOOT COURT
The practice of having moot courts is considered necessary because of multiple reasons.
We have listed some of which below –

1. It helps students to engage and understand legal issues

2. It helps students analyse legal topics and work on its research

3. Students learn to work in teams and learn from their teammates

4. Students can demonstrate their advocacy skills and legal skills

5. Students can improve their confidence and speaking skills

6. Students can learn from your peers and develop your debating skills

7. Mooting is intellectually rewarding and stimulating for budding lawyers

THINGS TO BE KEPT IN MIND
Those prepared for moot court competitions must keep in mind the following things –
1.The candidate must know the facts of the case
2.The candidate cannot manipulate the facts of the case
3.The candidates should emphasise on the relevant facts of the case
4.The candidates should know how to exclude the irrelevant facts
5.20 mins is given to each participant for preparing the case
6.The questioning period by the judges is 3-4mins
7.Candidates must narrate the facts in 2-3mins
8.The candidate’s opening statement must be well thought of
9.The issues must be carefully framed by the candidate.
BASIC TIPS : HOW TO MOOT
We have listed certain essential tips on how to carry out a moot
efficiently –
1.Students must actively engage with the bench. Students must speak
at an appropriate volume, respond actively and accurately based on
the judge’s interests.
2.Students must be aware that mooting is not just about presentation
of facts but applying those facts to argue in favour of what they are
standing for.
3.Students must know what a principle stands for and if it is binding on
the court.
4.Students must know how to manage time to deliver their best
THE MOOT PROBLEM
Read the problem:
• The excitement at the beginning
• Everyone is different, so approach of reading is
different
• First impressions rarely effect the final ones
• Read the problem once or twice-put it aside-think about
it for a day or so-sleep on it
• Do not be alarmed by the subject matter
• The excitement at the end: a wonderful challenge
THE MOOT PROBLEM
Read the rules of the competition:
• Each competition shall have its own set of rules.
• You need to know exactly how the rules affect how you
should prepare, before you begin to solve the moot
problem.
• The rules of the competition will influence the way you
prepare,so it is very important that you are familiar with
them right from the beginning. Do not be alarmed by
the subject matter.
SET THE DEADLINES
In one of the Star Trek movies, Captain Kirk asks Scotty how he
always manages to get things done ahead of the estimated time.
Scotty’s reply was that he estimated how long it would take and then
tripled it before telling the Captain when to expect the work to be
completed.

DO NOT FALL IN THE TRAP OF THINKING THAT THE DEADLINES

YOU SET ARE ALWAYS FLEXIBLE.

ONCE YOU SET A DEADLINE ALWAYS WORK ON IT.

BEING PART OF A TEAM
Mooting is a team exercise. It is imperative that
participants work with team spirit and with the
focused goal of winning. A moot usually consists of
four speakers, divided into two teams, each
consisting of a leading and junior counsel. One
team represents the appellants, the other the
respondents. Mooters are judged individually as
well as a team. Teams also include researchers.
BEING PART OF A TEAM
ATTITUDE
• The attitude you as an individual bring to working in the team will
affect both the way the team functions and the value of your
experience.
• You must have a positive attitude about every member in your
team.
• Working as part of a team requires you to respect the differences
that exist between team members.
• Your attitude towards your team-mates will be tested often.

It is often said that the secret of a successful marriage is to work on it

every day; the same is true of a successful team.
IDENTIFY THE STRENGTHS & WEAKNESSES IN THE TEAM

• The best way to maintain a positive attitude towards everyone

in your team is to identify and focus on their respective
strengths.
• Three sorts of occasions where the recognition of strengths is
particularly necessary:
• During the initial team meeting when you are deciding how
to allocate tasks,
• When you begin to question your own involvement,
• When you are frustrated by your colleagues.
DEALING WITH A CRISIS OF CONFIDENCE
It is almost inevitable that during any intense and
demanding task you will begin to question your own
value and abilities.

IN THESE SITUATIONS, YOUR ATTITUDE IS KEY.

DEALING WITH A CRISIS OF CONFIDENCE
If the other members of your team cannot explain a particular point to
you, then they need to work on how to explain it better. The perfect
argument will be one that is understood by everyone. The exercise
your team-mates go through, helping you to under-stand the point, will
serve everyone well for when the argument is presented in a moot. It
will identify how the argument should be built, and what aspects must
be conveyed so that everyone can appreciate the point.

FOCUS ON THE POSITIVES THAT YOU DO BRING TO THE TEAM.

THERE REALLY IS NO END TO THE TYPES OF POSITIVE

CONTRIBUTIONS THAT YOU CAN MAKE.
DEALING WITH A CRISIS OF CONFIDENCE
REMEMBER THAT CONTRIBUTIONS
TO THE TEAM ARE NOT LIMITED TO
ADDING TO ARGUMENTS OR
MOOTING WELL. HELPING THE TEAM
TO FUNCTION EFFECTIVELY AS A
TEAM CAN AT TIMES HAVE A
GREATER IMPACT ON SUCCESS OR
FAILURE.
MAINTAINING TRUST
• A team is built on trust.
• Think about your objective.
• Consideration of your audience is a very important part of
advocacy.
BASIC STEPS IN BUILDING AN ARGUMENT
Moot courts are generally set in courts of appeal, i.e. in the High Court or the
Supreme Court. The reason for this is that moot courts are premised on the
question of law. The facts presented in a moot court competition are not contended
and participants need to accept it as it is. The participating students are generally
given a factual matrix that has given rise to legal issues. Setting up moot court
competitions in an appellate court helps in making students understand the
jurisdictional aspect as well as to make research on interpretation of law and policy
arguments. Students read the facts and the judgment given by the lower courts.
BASIC STEPS IN BUILDING AN ARGUMENT
They then try to focus on the following:
1. Does the current court have jurisdiction to try the case at hand?
2. Has there been any procedural lacunae in the case?
3. How have the courts below appreciated a legal point?
4. Were all the issues raised and argued upon in the courts below?
5. Was the evidence fully appreciated and considered upon by the courts below?
6. Has the law been rightly interpreted by the courts below or the current court?
7. Is the given judgment by the courts below within the framework of the current
law?
8. Does the given judgment affect the underlying policy of the law in question?
BASIC STEPS IN BUILDING AN ARGUMENT
1. Read the facts and decide instinctively about the fate of the issue
• Whenever you encounter a set of facts, you will instinctively form
an opinion of who should win. This is human nature.
• A legal education trains you to have a response that goes beyond
subjective prejudice. Lawyers are taught to think objectively.
• Once you have identified instinctively who should win, influenced
by your legal knowledge and training, you have the base from
which you can build your arguments.
• Bear in mind that well-written moot problems will tend not to be
designed so that one side is clearly favoured, so irrespective of
who you are representing, there will be prejudices that work for and
against your arguments.
BASIC STEPS IN BUILDING AN ARGUMENT
2. Identify who you are representing
• You need to remember that you are representing the client’s
case- not yours.
• Make sure that you stay sufficiently objective so that you can
identify weaknesses in your own case.
• Over the time you spend building your arguments you will
have made a considerable emotional investment in your
case.
• Ideally every argument by every team member should be
crticised, as criticism will either confirm the validity of the
argument or lead to its improvement.
BASIC STEPS IN BUILDING AN ARGUMENT
3. Compile a list of arguments
• Begin compiling a list of reasons why your side should win
which form the basis of your arguments.
• These need to be reasoned and supported arguments.
• You need to immerse yourself in research.
• You should be very careful to avoid false reasoning.
• It is very important to write or record your arguments as you
develop them.
• Structure the list so that your most convincing points are at the
top and the really weak arguments are at the bottom.
BASIC STEPS IN BUILDING AN ARGUMENT
4. Imagine You Represent The Other Side
This step is harder than the earlier one. You now have
two tasks:
You need to develop a response to every one of the
arguments in the list you have prepared,
thus simultaneously develop an equally reasoned
and supported list of arguments why the opposing side
should now win.
BASIC STEPS IN BUILDING AN ARGUMENT
5. Repeat steps 3 and 4 at least 5 times
• Do not take an ordinary approach to answering your moot problem.
• If you believe you have arrived at the perfect argument for your
client, you do so at your own peril. It is dangerous simply because
you have stopped developing the argument.
• What happens when, while sitting in the final of a moot competition,
your opponent delivers an effective response to your brilliant
argument?
• Be better than ordinary.
• If you take the time to develop these arguments, you will catch your
opponents unawares.
• A very significant advantage of undertaking step 5 is that it forces
you to come up with innovative arguments.
WORLDWIDE FAMOUS MOOT COMPETITIONS
Some of the worldwide famous moot competitions organised
every year on the international level are-
1.Phillip C. Jessup
2.Nuremberg
3.Asia Cup
4.Jean Pictet
5.Red Cross International Humanitarian Law
6.Henry Dunant Moot Court Competitions.
These competitions are mostly sponsored by their
conducting organizations to encourage the students to
actively participate.
Part II: CONTENTS
• Research
• Preparing the memorial
• References & Resources
• Oral Submissions
RESEARCH
Planning Research
Research regarding the facts in issue should have a direction;
else, it shall be scattered and never-ending. A student should
try to argue around a central theme so as to develop an idea in
the judge’s head about what the student expects out of the
case or what the student wants the judgement to be based
upon.
The theme should be selected from the jurisprudence behind
the case. Hence, research planning starts with researching the
suitable ‘jurisprudence’ that could be applied to support the
side, the student is arguing for.
RESEARCH
Having the required facts in issue and a theme, students
should next lookup for appropriate laws that could be
used in support of their arguments. You must have a
thorough knowledge of the Law of Evidence, Code of
Civil Procedure and the Code of Civil Procedure. They
are the branches of law that lay down the normative
framework relating to the use of facts and procedures for
arriving at legal conclusions.
RESEARCH
Research should take up most of the time for preparation and is the
execution of research planning. Considering the moot proposition and
facts in issue, one has to find out the appropriate laws to be applied.
Researching involves the study of the following:
A. Moot Proposition
B. Bare Acts
C. Commentaries
D. Legal Research Portal
E. Citation
F. Advocates Act, 1961
G. Memorial
MOOT PROPOSITION
Certain facts, laws and acts are mentioned in the proposition which can be
used in the arguments. The information so provided could be of use to either
party to the case. But now while searching the facts you will distinguish the
facts which support you and which go against you. It is useful to have in mind
two questions from the outset:
1.What has to be proved?
2.How is your case to be proved and that of your’s opponent disproved?
Thus, after going through the case many times, you will ultimately isolate the
facts which support you and you should counter those which go against you.
After collecting all the facts for your case, it is necessary to draw inferences
from the primary facts and formulate a hypothesis that will enable you to gain
a true understanding of the case.
BARE ACTS
The students shall come across many acts that could be
used in their favour or against the other party. The bare
acts provide easy access to the provisions of law and
their thorough study will help in discovering more
sections/laws that will strengthen the case.
COMMENTARIES
Bare acts alone may not be able to articulate the law and provide
for further information that could be used in the moot court. One
should go through a few books, not many, to get a fair idea of the
law and also gather certain leading or important cases that can
be cited to bolster the case. The commentaries in turn, also
provide for further books that could be cited and used in the case.
LEGAL RESEARCH PORTAL
With easy access to the internet, there is hardly any need to go
through hard copies of legal publications. Accessing online legal
research portals, such as Westlaw, SCC online, Manupatra, etc. will
help in finding out related cases to the case mentioned in the
commentaries, or different cases.
These portals are not just records of cases and case laws, but they
also provide access to legal notes, research papers, various acts, and
other law-related material. Most of them contain case laws, both,
Indian and foreign.
Case laws mentioned in well-off portals also provide whether it has
been overruled or is res judicata. Hence, it becomes easy to choose
important ones from a myriad of cases.
CITATION
In the preparation of the brief, you must know that the expertise of a
good lawyer depends upon his skill in putting precedents to his good
use and also countering those which are unfavourable. It is generally
advised to use the Bluebook format (19th edition) for citation. This is a
formal requirement and the format to cite cases is usually provided in
the rulebook for the moot court. Different books/publications use
different citations but the required and uniform format has to be used
in the memorial.
A citation is necessary as one cannot mention all the sources in the
arguments, such as, if some fact is drawn from a research paper, the
student might not mention the source during oral arguments, until
asked for.
ADVOCATES ACT, 1961
It is necessary to go through this act as it provides
for the conduct of legal practitioners. It provides as
to how one should behave before a judge and in a
court and hence, forms an important part of the
oral submission.
MEMORIAL
The object of a pleading is to facilitate a trial so that the points of the issue
might be clarified and also the decision given thereon; it also determines what
relief a party is entitled to on the basis of law and fact. Thus, after gathering
the required information, it has to be arranged in a certain format, either
provided in the rules or the standard that is usually adopted. The memorial is
the written submission while arguing orally in the moot court forms the oral
submission.
It has to be made for both sides by a single team, i.e., for plaintiff/appellant
and defendant/respondent. The rules for its making should be strictly followed
as it is to be submitted to the moot court judges and to the adverse team. The
teams can bring one themselves, for reference. They can also carry hard
copies of judgements, bare acts, sections, various laws and other material
that is to be brought to judges’ notice or to act as evidence of the source.
WRITTEN DOCUMENTS
Memoranda and memorials
Most competitions require each team to submit a written document, although the
form of documentation required can vary significantly. In some competitions, you
are asked to provide a lengthy memorandum of submissions, sometimes called a
memorial. On other occasions you need only submit a short outline of submissions,
or you might be asked to prepare a case file. Although each of these different styles
of written document serves a different function, they all have a similar purpose, that
is, they force you to identify and deal with the relevant issues. Competitions that
require documents of this kind will usually expect you to submit two documents,
one for each side.
WRITTEN DOCUMENTS
The tips and tricks of writing:
▪ Knowing your purpose and your audience
▪ Identify your purpose
▪ This is not a dissertation
▪ This is not analysing the law, it is applying the law
▪ Referencing is important but not excessive referencing
▪ You need to be pragmatic
▪ Setting up your document
▪ Keep in mind the maximum number of pages specified in the rules
▪ Keep in mind the minimum left and right margin
▪ Utilise your word-processing programs fully
MEMORIAL
The word limit, alignment, spacing and other details are
mentioned in the rulebook for the moot court, and the file should
be arranged accordingly:
1. Cover page
It must contain the name of the forum before which the
proceedings are taking place, the name of the case, the title of
the memorial, team code and other such required text. For the
appellant/petitioner/plaintiff, the cover page is blue, while for the
defendant/respondent, it is red. At no point, on the cover page or
in the memorial should students mention their name or the name
of their institution.
MEMORIAL
2. Table of Contents
It defines the structure of the file. It acts as an index to the file, with a
corresponding page number mentioned next to the chapters. Since
argument advanced forms the largest chapter; sub-headings can also be
mentioned under the table of contents for easy access to the file.
3. List of Abbreviations
While making the memorial, a student will come across many
abbreviations which should be mentioned in this chapter. It helps in
reducing the word count and helps in avoiding the frequent mentioning of
unnecessary lengthy texts. There should be uniformity in using
abbreviations, i.e., a word’s abbreviation should be the same throughout
the memorial.
MEMORIAL
4. Index of Authorities
Every piece of information that has been used to support the arguments
should be cited in this chapter. The cases, case laws, books, parliamentary
debates and whatever has been mentioned should be cited according to the
appropriate citation format. It acts as a reference, in case, the judges inquire
about a particular fact. Here, too the corresponding page numbers can be
mentioned in front of the citation.
5. Statement of Jurisdiction
It is important to choose the right jurisdiction under which the case has been
presented before the court and it is the most asked question by the judges. If
the court does not have the jurisdiction to take up the case, there shall be no
acceptance of it. It just forms a paragraph stating which jurisdiction has the
counsel invoked to bring the case to the court’s notice.
MEMORIAL
4. Index of Authorities
Every piece of information that has been used to support the arguments
should be cited in this chapter. The cases, case laws, books, parliamentary
debates and whatever has been mentioned should be cited according to the
appropriate citation format. It acts as a reference, in case, the judges inquire
about a particular fact. Here, too the corresponding page numbers can be
mentioned in front of the citation.
5. Statement of Jurisdiction
It is important to choose the right jurisdiction under which the case has been
presented before the court and it is the most asked question by the judges. If
the court does not have the jurisdiction to take up the case, there shall be no
acceptance of it. It just forms a paragraph stating which jurisdiction has the
counsel invoked to bring the case to the court’s notice.
RESEARCH
Research should take up most of the time for preparation and is the
execution of research planning. Considering the moot proposition and
facts in issue, one has to find out the appropriate laws to be applied.
Researching involves the study of the following:
A. Moot Proposition
B. Bare Acts
C. Commentaries
D. Legal Research Portal
E. Citation
F. Advocates Act, 1961
G. Memorial
ORAL SUBMISSIONS
▪ How to structure an oral submission
▪ Making a start
▪ Dealing with the expectations of moot master
▪ Creating a persuasive case
▪ Handling questions
▪ Responding to a submission
ORAL SUBMISSIONS
▪ Presenting an oral submission
▪ Preparation
▪ Physical appearance
▪ Time keeping
▪ Opening formalities
▪ Using case materials
▪ Voice and delivery
▪ Body language
▪ Speaking from notes
▪ Building rapport with the moot master
▪ Know how the moot is to be run
▪ Dealing with mistakes
▪ Continue the team work
THANK YOU
Soumyajit Raha, Advocate
• Special Public Prosecutor, Government of West Bengal
• Special Public Prosecutor, C.I.D. West Bengal
• Special Public Prosecutor, Cyber Crime, Bidhannagar City Police
Guest Faculty/Resource Person:
• West Bengal National University of Juridical Sciences
• Snehangshu Kanta Acharya Institute of Law(Kalyani University)
• Sister Nivedita University
• Brainware University
• JIS University
• Swami Vivekananda State Police Academy, West Bengal
Email: soumya_raha@hotmail.com
Whatsapp: (+91)9830136410