BACK
FREQUENTLY ASKED QUESTIONS ON MOOT COURT
A moot is a simulated court proceeding where two teams argue points of law before Appellate Court. Law students take the role of team members, and the moot is heard by an experienced lawyer or law teacher. Moots are often used as a form of clinical legal training for law students and may also be held by law student societies for the sake of competition. A typical moot might last approximately two hours, allowing for both teams to speak, and the moot judge to deliberate, deliver their verdict and give some feedback to students. It can be termed as a place of meeting for discussion of a hypothetical case.
|
What is the difference between Moot and Mock Trial? |
A moot is not the same as a mock trial. A mock trial is a simulated original court whilst a moot is heard before an appellate court. Consequently in a moot all the facts of the case are taken as settled. There are, no witnesses to examine or cross-examine, there are simply points of law to argue without any assumptions.
You have to do a lot of research work, collecting necessary facts of the case and points in support to your case. You should be well prepared to argue or answer any kind of question spontaneously and with confidence. You should practice well to argue yourself seeing in the mirror and the face of expression is also very important.
|
What is the pattern of submission of papers? |
The submission of the papers should be as follows:
- List of Abbreviations
- Index of Authorities
- Statement of Jurisdiction
- Chronology of Events
- Statement of Facts
- Issues Raised
- Summary of Arguments
- Arguments Advanced
- Prayer
Explanation in brief: -
All the submissions are to be made in order. All the issues are to presented in accordance to their importance.
This submission contains all the full names of the abreviations that are used in the presentation of the case.
For example: -
Dr ------- Doctor
Govt. --- Government
HC ------ High Court
Vs. ------ Versus
Sec. ----- Section
This submission contains the index of authorities or the books, cases, and where from the references are made.
For Example:-
Books Referred:
- Constitution of India
- Consumer Protection Act
- Journals
Cases Referred:
| Statement of Jurisdiction |
This submission is made to state the jurisdiction where the case is being referred to.
For Example:- The case when referred to the High Court the following statement of jurisdiction can be made
"The Appellant brings this case before the Honourable High Court in an appeal against [the judgement say] District Forum Judgement"
This submission is all about the sequence of the Events of the case presented in the Chronological order.
This submission is made on all the facts available of the case in the order of time of that event.
The facts available need to be divided and given a brief of that particular event or fact.
This submission is made on the issues (problems) of the case. The issues are to be made on the facts of the case in the order of their importance.
For Example:- Say in a case there are four issues raised they are to be placed as follows:
Issue 1: (The most important issue)
Issue 2: (The second important issue)
Issue 3: (The third important issue)
Issue 4: (The fourth important issue)
This submission is made on the Arguments made in details on the issues raised.
This submission is made on the summary of arguments. Here all the Advanced arguments on the issues raised are briefed and presented in points in the order of thier importance
This is the Conclusion of the case. It is in this part of the brief where the participant tries to pinpoint to the court what he exactly he wants from them.
This submission is prayer made by the participant to the Honourable Court to accept his appeal
For Example:- A prayer in case of an appeal in a High Court
"In the aforesaid circumstance, I pray the Honourable High Court --(your appeal)--"
Top
Back
|
