ABSTRACT

This practical file is basically divided into two parts by the researcher.

The part 1 deals with the moot court and its importance. How it became a
necessary part of law school. What are the objectives behind conducting moot
Court. The practical file also contains the types of moot court and the
procedure relating the conduct of moot court competition. This section also
contains various tips of the competition. The researcher also highlights the
basics of moot court competition.

The part 2 of this practical file deals with the civil and criminal case. The civil
case dealt under this section is landmark case of Bangalore water-supply &
sewerage board, etc. v R. Rajappa & Ors. The researcher along with facts,
issues, arguments, judgment also put her analysis over the same along with
aftermath of this case.

The criminal case dealt under this file is landmark Case of Saradha Chit Fund
Scam.The facts, issues, contentions and judgments is dealt under this file
along with the major changes that has been brought up after this case in the
different part of our country.

The researcher had concluded both the cases with her own analysis and effect
of both the cases on the society and tried her best to make this file.

PART 1 -MOOT COURT

WHAT IS MOOT COURT COMPETITION?

A moot court competition simulates a court hearing (usually an appeal against
a final decision), in which participants analyse a problem, research the relevant
law, prepare written submissions, and present oral argument. Moot problems
are typically set in areas of law that are unsettled or that have been subject
to recent developments. They usually involve two grounds of appeal, argued
by each side.

The procedure imitates that followed in real courts: the judge enters, the
mooters and the judge bow to each other, the clerk announces the matter,
the mooters give their appearances and are then called on in turn to present
their submissions, the judge asks questions of the mooters, the court adjourns,
and the judge then returns to deliver a brief judgment and some feedback.

Mooting is not the same as public speaking or debating, although it shares

some common elements with these activities. It is a specialised application of
the art of persuasive advocacy.

A moot court is like simulating a real court, where students are made to
participate in the staged court proceedings that are related to a fictional dispute
between parties. Mostly, moot courts are conducted in law schools where the
students are expected to pursue their careers in the field of law as lawyers,
arbitrators and judges; hence they’re made to practice to be trained for future
along with development of the required skills.

Mooting is a form of an Oral proceeding similar to that of a court proceeding

practiced mainly in institutions and universities where law as a subject is
taught to see that how efficient a student is in fighting an argument based on
law. In this a proper court scenario is created where the students act like the
Councillors (Advocates) presenting each side(Plaintiff and Defendant) on the
basis of evidences and substantive questions of law argue with each other to
prove their point in front of the judge who in the end will give his judgment
in the same regard and will also declare the winner who has performed the
best.

Also, while presenting their arguments the judge can question them on facts
or question them on any of the legal concepts to check the aptitude and in
prompt adaptability to the situation of the student. Mooting was earlier not
practised as a subject by the universities in the law courses but now due to
the scope and requirements of lawyers around the globe mooting in the form
of “Moot Court” as a subject has been added to the curriculum of the students
so that they get prepared and groomed in a proper manner as a lawyer before
they complete their degree.

For a student who is going to become a lawyer in the near future, mooting
is very important as an integral part of his education because it will help him
and make his work easy and present in a real courtroom. It is the closest
experience a student can get of a courtroom by studying in a university or
college. Mooting is an exercise which helps a law student inculcate all the
habits and understand all the policies and procedures that are followed in a
court so as to prepare him for his future. For the same purpose, Moot Court
Competitions are organized around the world so that different students from
across the globe can come in contact with other to understand each and every
dimension of the concept of mooting.

WHY MOOT IS IMPORTANT IN LAW SCHOOL?

There are many reasons to moot. Mooting enables students

• to engage with and think deeply about interesting and topical legal
issues;

• to enhance their advocacy, legal research and writing skills;

• to work closely with and learn from their peers; and

• to demonstrate their interest in advocacy and competence as an

advocate to prospective employers. Most students find mooting to be
intellectually rewarding and highly enjoyable. It can be nerve- racking and
frustrating but it is a lot of fun.

Mooting helps in the overall development of an individual as a good and

proficient lawyer and participating in Moot Court Competition regularly makes
a student familiar with the proceedings that take place generally in real
courtrooms. Thus, the few advantages of mooting are as follows:

A) Networking

One of the important features of mooting is that it helps you to connect and
socialize with so many people across the globe with whom you connect in the
process of mooting. As students from different places and colleges come to
represent themselves, it gives an opportunity to get the exposure to the outside
world.

B) Researching and Writing Skills

Participating in the moot court competitions helps you in enhancing your
researching skills because it is your research on the basis of which you will
be fighting your case and representing your side and it also helps you

in framing a good moot court memorial on the basis of which the other team
would raise objections and question you. This will also help in enhancing your
skills as to how to adapt to prompt situations and how you tackle situations
where you are at unease.

C) Building Confidence

Mooting helps an individual to build his confidence in communicating and

putting his view in front of the people. It helps a person to build his confidence
to such an extent that he does not fear to question or to speak in front of
anybody and can fight cases efficiently.

D) Practical Knowledge

Mooting helps in giving the practical implication and knowledge to the students
who are studying law in such a way which they will never find in the books
and would be unaware of, as practical and theoretical knowledge are like two
different sides of the same coin and to pass the hurdle you need to study
both of them although both look same but are totally opposite in reality.

E) Team Work
Moot court competitions take place in the school or colleges who organizes it
and the various teams from different colleges come and participate in the
event. The team comprises of 3 students with one as the researcher and the
other two as the speakers presenting their arguments on either side. This
teaches the students to perform well when they are together in as a team
and analyse themselves regarding their strengths and weakness, how can they
work upon them to achieve maximum efficiency. It also helps to work with
people who are different from you and it also teaches how to coordinate with
each other.

TYPES OF MOOT COURT COMPETITION

There are basically two types of moot court competition

1. National Moot Court Competition

2. International Moot Court competition.

National Moot Court refers to a situation where the mooting takes within the
country and students from all across the law schools from the country and
participate in the competition.

International Moot Court Competition is one which is organized where people

from outside India are invited to take part in it and it happens on a large
scale.

Moot Court Competitions can be based on any law such as civil law or criminal
law etc. or as per any law that may be in news currently or any other. These
different types of moots are really helpful for students to think deeply about
the legal issues and have a proper understanding of the Law. One of the
Competitions that is related to moot court is the Trial Advocacy Competition
which is also held at such high levels. Mooting helps student to understand
what are his strengths and weakness and what he is required to work more
upon which is helpful for him in the long term.

PURPOSE OF MOOT COURT COMPETITION

The main purpose of mooting is to establish a good overview by the students

of law and enhancing the legal skills. Mooting is a concept where there is a
mooting proposition which is related to any law related subject which is given
to all the teams in advance so that they can prepare for that in the form of
a memorial which tests and helps them in their researching skills and sticks
to the deadlines. It teaches the students how to work under pressure with the
goal to give productive output. Mooting helps in understanding and developing
and inculcating the capacity to argue passively before the judge.

The participation in Moot Court competitions trains the law student with the
required skills which is necessary in the courts of law when they start their
professional Journey. It gives a flair idea and expertise on argumentative skills,
interpretation skills, analytical thinking, logical and legal reasoning, Public
Speaking, Court mannerisms etc. which are essential for all law students to
have a successful legal career.

BASICS OF MOOT COURT COMPETITION

Moot problem

Initially the students are given a moot problem which comprises a dispute
based on fictional states, characters and unreal facts. Sometimes, real global
scenarios and incidents are simulated by changing the names of states keeping
the facts intact.

Written Memorials

With the problem given, the students are expected to prepare the written
memorials which are sets of pleadings on behalf of all the parties to the
dispute. Yes, all the teams are required to prepare both the sides. By preparing
the pleadings from the prosecution as well as the defense side they get to
develop their thinking process. For a good quality memorial,

the teams spend hours in research followed by sessions of collective

discussions and over all team work. They seek the help of the sample
memorials available online following the blueprint of which they come up with
highly competitive pleadings.

Oral pleadings

Once submitting the written memorials, the real work begins. It’s time when
the preparation for the oral pleadings start. The teams follow the mooting
videos that are available on YouTube etc. from where they learn the tips
related to presentation of arguments, gestures they need to make before the
judges along with their overall body language and ways of communicating etc.
They seek the help of all the experienced professors and teachers at school
and even those whom they know outside the school, for they leave no stone
unturned to make sure their preparation is the best of all their competitors.

SOME TIPS OF MOOT COURT COMPETITION

It is critical to engage with the bench. This requires you to bring many skills
together including maintaining eye contact with the judge, speaking at an
appropriate volume and pace, responding directly and accurately to questions
and holding the judge’s interest. It also incorporates a cardinal rule of mooting:
never, ever talk while the judge is talking.

Remember that it is accepted to ask a judge to repeat a question if you do

not understand it, and that it is always best to say 'I regret I am unable to
assist your Lordship/Ladyship on that point' when you really do not know the
answer.

Mooting is not just about presenting propositions of law. An important aspect

is applying those propositions to the facts in order to argue for the result you
want. You should be very familiar with the moot problem and be able to take
the judge to relevant paragraphs in it.

You will often make extensive use of authority in delivering your submissions.
You need to know what principle a given case stands for and if a case is
binding on the court before which the moot is being argued.

A critical aspect of mooting is time management. You need to be able to

expand or contract your submissions depending on how interventionist the
judge is.

MOOT COURT PROCEDURE

1. Each team of litigants should meet to prepare arguments for its side of
the case. The team should select one or two students to present the arguments
to the court.

2. When discussing the arguments, students should consider:

• What does each side (party) want?

• What are the arguments in favor of and against each side?
• Which arguments are the most persuasive? Why?
• What are the legal precedents and how do they influence this case?
• What might be the consequences of each possible decision? To each
side? To society?
• Are there any alternatives besides what each side is demanding?

3. Students should not dispute the facts in the case—those have been
established at the trial.

4. Arguments do not need to be rooted in legal technicalities. Any argument

that is persuasive from a philosophical, theoretical, conceptual or practical
standpoint can be made.
5. The justices should meet to discuss the issue involved and any case
precedents. They should prepare at least five questions for each side that
they need answered in order to reach a decision. (They may also consider
the questions above when weighing the arguments). The justices should select
one student to serve as Chief Justice. The Chief Justice will preside over the
hearing.

6. Seat the justices at the front of the room. The attorneys for each side
should sit on opposite sides of the room facing the justices. The other team
members should sit behind their respective attorneys.

7. The Chief Justice should ask each side to present its arguments in the
following order.

8. The justices may ask questions at any time:

1. Petitioner’s argument

2. Respondent’s argument

3. Petitioner’s rebuttal

4. Respondent’s rebuttal

o Each side should have three to five minutes for its initial argument and
two minutes for rebuttal. (This time may need to be lengthened if the justices
ask a lot of questions. You may need to adjust the time for students,
particularly if they are new to moot courts.)

o During and/or after each presentation, the justices can and should
question the attorney in an effort to clarify the arguments. Attorneys may ask
for time to consult with other members of their team before answering
questions. (This time is included in the total time allowed for the presentation.)

9. After all arguments have been presented, the justices should organize
into a circle to deliberate on a decision. The rest of the class can sit around
the outside of the circle and listen, but they cannot talk or interrupt the
deliberations of the court.

10. After the arguments have concluded, each justice should state his or
her decision and the reasons for it. The final decision will reflect the votes of
the majority of justices. Note: If time permits, before any decisions are
announced, the justices should deliberate by discussing the merits of the
arguments and then issue a decision and, possibly, dissenting opinions.

11. Conclude with a class discussion of the decision and the proceedings.
If you are using an actual case, share the court’s decision with the students
after the student court has reached a decision. In the event the students’
decision and the court’s decision are different, it is helpful for the students to
understand the reasoning of any dissenting opinions as well as the majority.
The students are not wrong, but the majority of the real court was influenced
by different compelling arguments. Ask students to evaluate the reasoning the
court used in the majority and dissenting opinions and compare these to their
reasoning. Continue to debrief the activity by discussing the significance of the
decision for both sides and for society.