Basics of Mooting

A moot is replicating appellate level advocacy in a mock courtroom. A controversial problem is based on the facts. The aim of controversial is not merely to present a legal dissertation to the judges, but explain what the result should be when the Law is applied to the facts of a particular case. Therefore it is essential to be aware of precisely what the effects of your moot problem. Moot Court is like a real court, where students are made to participate in the staged court proceeding that they are related to the fictional dispute between parties.  Generally, these moot courts are conducted in Law Colleges where the students are looking for their future golden prospects in the field of Advocacy, arbitrators and Judges. In this article, we discuss the basics of mooting.

Introduction

“ Moot Court not only helps in enhancing legal knowledge; but knowledge but also in brushing up communication, drafting, legal research, and presentation skills. Most importantly, it helps us increase our confidence. After presenting moots, the student gets a taste of real court proceedings.”[1]

Mooting is a simulated court continuing where understudy groups are given a legal issue that they are required to contend under the steady gaze of a Judge or Panel of Judges.

An unsettled court resembles reproducing a genuine court, where understudies are made to take an interest in the organized court procedures that are identified with an anecdotal debate between parties. For the most part, disputable courts are directed in graduate schools where the understudies are relied upon to seek after their professions in the field of Law as Lawyers, authorities and judges. Consequently, they’re made to practice and be prepared for future alongside the advancement of the necessary aptitudes.

It is an experience for law students that could stay with them throughout their career. Each attorney knows the buzz of securing that triumphant point and the destruction of losing. Mooting gives the promoter in-preparing an early taste of those sentiments. While it might seem like a dismissed idea for a Hogwarts exercise, it’s a genuinely beneficial encounter for law understudies that could remain with them all through their vocation.

Moot Courts

Moot courts are essential for a law student as they held him/her in building confidence and improving research as well as oratory skills. I remember my first moot Court being a bit challenging, yet encouraging, and I got to learn several new things.”[2]

The Moot Court prepares them for the future and purifies their skills. Moot Court is capitalized in the form of competition, and it covered various field of Law like Public International Law, Human Rights, Arbitration and Law of sea etc.

The Moot Court mirrors the process of an actual court, with formal language, etiquette and modes of address- so the judges are referred to as “My Lord/Lady” and fellow Mooters as “My learned friend”.

The first recorded reference was to a moot court was in year 997. Moots are very common in the 14th century of England. During the 18th century, there were four Inns of the Court called Inns of chancery wherein there were approximately 200 students in greater Inn and 100 in the lesser Inn. Several historians put the Inns of the Court as universities for the study of Law. When the Legal education began even in the  United States in 18th and 19th century, same practice were followed there, and these type of the Inns of Court also established there for legal education.

Why Moot?

There are many reasons behind the moot. They are:-

  1. Engage and think deeply about the exciting and topical legal issue.
  2. To develop the skills of Law student.
  3. Observe seriously and learn from their noble.
  4. To show their interest in the field of this noble profession.

Basics Of Mooting

Mooting is a skill and like any other acquired skill, no one is born knowing anything about it. You can learn and continuously get better at mooting and increase your knowledge about them one after another with increasing experience and exposure.[3] The basics of mooting are:-

Preparation

Preparation is the primary and important part of mooting. Training tends to be the most time-consuming part of mooting. You will need to ensure that you thoroughly read the fact pattern understand what exactly you are excepted to argue and begin assimilating your relevant authorities for discussion. Like other Research work, one should be aware of all the facts. The aim of moot is not merely to present a legal dissertation to the judges, but explain what the result should be when the Law is applied to the facts of a particular case. Therefore it is essential to be aware of precisely what the effects of your moot problem.

Read your problem carefully and follow various steps of preparation-

  1. Determine which side you are arguing
  2. Determine which point of appeal you are arguing for or against
  3. Create a timeline for the events set out the moot problems
  4. Have a look at the competition rules
  5. Prepare a research Plan
  6. Use of sources
  7. Evaluate the information.

Understand the Problem

Before sitting to write a memorial, understand deeply the given moot court problem, dip into the fact of the case. The Primary step to approach any moot court competition is to clearly understand all questions and different aspects of law involved in the problem. The objective of your argument is to express your side powerfully and strongly in the composed materials and address shortcoming for your situation just as a contrast to your adversary’s argument.

Finding legal of authorities

Each of the body mentioned correctly in the list of authorities page including the bibliography. Write the authority and source which are directly linked to the case, avoid the indirect sources so as not to confuse.            

Usage of Online Database

The online database is an extensive collection of data that is organized primarily for rapid research. Different type of database provides a different kind of database. There are numerous sites called database. The database collects information and makes them easily accessible to researchers. Some of the databases are free to access and the majority of High quality.

There are various type of sources such as books, cases, articles legislations, relevant textbooks, relevant database, article indexes to solve the moot problem and for preparation to use various online databases like Manupatra, SCC Online etc.

Cite Proper Authorities

When arguing the need to cite relevant authorities must be mainly the primary sources like Legislation and case laws and there is no need to cited the secondary sources like books and article as support of your argument.

General Reading

Reading is the fundamental part of the research. If you look up issues you have identified as relevant in the topic in the index of a general text, this can be the doorway to many sources.  Additionally, the electronic database offered by the university library provides a commentary on the Law and refer to the most critical cases. Even if you have already determined the applicable legal issues, such general sources will be precious in giving you a broad overview and helping you to narrow your field of research.[4]

Relevant case law

Judgment is usually 200 to 300 page long, and it is not possible to read through all of them line by line. If you are in the Court of appeal, the judgment made in the House of Lords/ Supreme Court is binding on you, and you cannot ask for the Court to overrule them or argue that they were incorrectly made.  

Case laws are fundamental. Sometimes the relevant cases will be provided in moot problems. A way of finding the situation is similar to finding the facts. A various online portal like manupatra,  SCC Online and Indian Kanoon, are some names of an online portal where the relevant database is available.

Skeleton Arguments

Skeleton argument is the document produced for the Court. It usually means presenting the skeleton or bare bones of the case before trial.  This gives the brief synopsis of the relevant matter of Court to consider and also outline both agreed and disagreed issue between the parties. There are various ingredients of skeleton argument-

  1. Set out the nature of the argument
  2. State the background to the cases
  3. Set out the point of Law and authority
  4. Make any submission of fact
  5. Reading the case Law.

Have the Facts on your fingertips

Your problem depends on facts, and no matter what television courtroom dramas have taught us, the room to manipulate these facts in a moot court is virtually nil. There will be relevant facts, and irrelevant facts, but it serves you best to by heart all of them

Proper citation

A citation is a way you tell your readers that specific material in your work came from another source. Cases ought to be referred to in full, except if the Court welcomes you to shed statement or to utilize truncated references. If you are relating to a situation several times throughout your submission, it may be helpful to ask the Court if you can see to that case by an abbreviated name, following its.

Oral elements of Moot

The oral part of the moot is what most people associate with the concept of mooting. Therefore it is essential to be well prepared and confident not only about what you will be arguing but also about Court etiquette. Rivalries don’t necessitate that you need to keep in touch with a brief. However, they will give a record of the issue, and frequently an important seat reminder laying out potential contentions for each gathering are:-

  1. Read the material facts
  2. Know the fact of the case.
  3. Read important authorities
  4. Create a brief outline of the argument
  5. Practice[5]

Dress

Clothing standard is one of the primary focus in Moot. “The First impression is the last impression” Dress code can often be a sticking point in moots. It is critical to establish a decent connection with the adjudicator. They will never be impressed by the blare of clothes. It isn’t necessary to show extra glamour in Moot.

Mode of Address

In Moot Court one needs to address to the Judge as “ Your Honour” and sometimes “The Honourable Court”. One needs to address their partner as “My Learned Junior or Senior” and address the opposite side as “ My colleague” or “My Learned Friend.”

Punctuality

Punctuality is also an essential ingredient. Being punctual is a virtue of a student and a Lawyer also.

Team Work

Team is a cluster of people assigned to achieve the common goal more effectively and efficiently. It increases collaboration and brainstorming, which brings more ideas and innovations. It gives the power to finish the difficult task and improves creativity.

The benefits of teamwork are great motivation, faster problem solving, sense of ownership, improved results, more creativity, individual growth along with the team, development of Individual capability, Improvisation and confidence in risk-taking capabilities and maximum outcome. Working in can be both beneficial and challenging at the same time. Communication is one of the most important elements of strong team performance.

Conclusion

Moot Court is an extracurricular activity at many law schools. Participants take part in the simulated Court of Arbitration proceedings, usually involving drafting memorials or memoranda and participating in oral argument. Moot Court is a way in which a student gets groomed as a proper lawyer. At present, Moot Court is one of the most significant and efficient sources from where people get the education and imbibe all the qualities and skill that a lawyer require. There are various basics of Moot, which helps the student to become an excellent Lawyer. So these basics of mooting help a student to grow as an individual and also motivate them to come up and show their skills.

Frequently Asked Questions

  1. What is Moot Court?
  2. What are the basics of moot Court?
  3. Benefits of usage of Online Database?
  4. What is Skeleton argument?

References

https://www.blog.ipleader.com/basics-of-mooting

https://www.leggerrhytms.org/moot-court-preprations-tips/

https://www.libguides.usc.edu.au/mooting

https://www.thehindu.com/features/educations/when-mooting- matters/article16072972.ece

https://www.eric.ed.gov/?id=ED442343

https://www.paclii.org/law-and-culture/mootrules.pdf

https://www.ox.libguides.com/c.php?g=423012&p=2888695


[1] https://www.thehindu.com/features/educations/when-mooting-matters/article16072972.ece

[2] https://www.thehindu.com/features/educations/when-mooting-matters/article16072972.ece

[3] https://www.blog.ipleaders.in/basics-of-mooting/

[4] https://www.paclii.org/law-and-culture/mootrules.pdf

[5] https://www.leggerrhytms.org/moot-court-preprations-tips/

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