Q1) What Is moot

1)Introduction

● A moot court is a replica of real court proceedings. The purpose of moot court
competitions is to make students aware of the court proceedings related to disputes
between parties.

● These competitions are organised mostly in law schools for students who wish to pursue
their careers as Lawyers, Judges and Arbitrators.

● This practice helps in the development of legal skills, research acumen and speaking
skills.

● The process of mooting is not the same as public speaking or debating, moot courts are
more interactive in nature and there is cross-questioning.

Moot courts have two teams-

● Defendants and Respondents.
● The mooting presents a hypothetical case and both teams are required to research it and
represent their arguments.
● The mooting culture began in Pakistan then has been used as a tool of persuasive
advocacy to train the future generation of lawyers

2)Importance of Moot Courts

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.
3. It helps students analyse legal topics and work on its research
4.
5. Students learn to work in teams and learn from their teammates
6.
7. Students can demonstrate their advocacy skills and legal skills
8.
9. Students can improve their confidence and speaking skills
10.
11. Students can learn from your peers and develop your debating skills
12.
13. Mooting is intellectually rewarding and stimulating for budding lawyers
 14.

3)Why are Moots Organised

Moot Courts are organised in law schools to intellectually stimulate students to develop skills
that will be of great importance in the future. The legal areas covered under moot courts are –
Public International Law, Human Rights, Arbitration, International Criminal Law, Law of the Sea
Convention etc. A moot court competition provides the students with a foundational platform so
that students can be prepared to face the professional rivalry qualifying which requires a few
steps.

4)Key Facts About Moot

Those prepared for moot court competitions must keep in mind the following things –
1.
2. The candidate must know the facts of the case
3.
4. The candidate cannot manipulate the facts of the case
5.
6. The candidates should emphasise on the relevant facts of the case
7.
8. The candidates should know how to exclude the irrelevant facts
9.
10. 20 mins is given to each participant for preparing the case
11.
12. The questioning period by the judges is 3-4mins
13.
14. Candidates must narrate the facts in 2-3mins
15.
16. The candidate’s opening statement must be well thought of
17.
18. The issues must be carefully framed by the candidate.

5)Basic Tips : How to Moot

We have listed certain essential tips on how to carry out a moot efficiently –
1.
2. Students must actively engage with the bench. Students must speak at an appropriate
volume, respond actively and accurately based on the judge’s interests.
3.
4. 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.
.
. Students must know what a principle stands for and if it is binding on the court.
.
. Students must know how to manage time to deliver their best

Q2 Significance

How Important are Moot Court Competitions for Law Students?

Introduction
. Mooting is a type of oral procedure comparable to that of a court case that is used mostly
in institutions and colleges where the law is taught to assess a student’s ability to defend a
legal case.
.
. A realistic court situation is set up, with students acting as Councillors (Advocates) and
presenting each side, Plaintiff and Defendant, using evidence. They argue with each other
to prove their position in front of the judge, who then renders his verdict and determines
the winner based on the relevant questions of law.
.
. A Moot Court is a miniature version of a real courtroom where legal processes and trials
are held. It is also known as a Mock Court, in which law students act as professionals and
assume all of the responsibilities and duties assigned to them to demonstrate their ability
to think creatively, answer convincingly when questioned, and demonstrate their oratory,
writing, and persuasive skills.
.
. Mooting is an important component of a student’s education if they plan to become a
lawyer soon because it will assist them and make their work easier and present in a real
courtroom. By studying at a university or college, a student can acquire the closest
experience of a courtroom.
.
. Mooting is an exercise that helps a law student develop all of the necessary habits and
grasp all of the court’s policies and processes to better prepare him for his future. Moot
Court Competitions are held all over the world for the same reason so that students from
all over the world can interact with one another and better comprehend the notion of
mooting.
.
.
 .
IMPORTANCE OF MOOTING

. One of the most beneficial aspects of mooting is that it allows you to meet and socialize
with a large number of people from all around the world. As students from various schools
and institutions come together to represent themselves, it provides an opportunity for
them to gain exposure to the outside world.

Writing and Researching Skills

. Participating in moot court contests helps students to improve their research abilities
because it is based on their research that they will be arguing their case and defending
their side, as well as constructing a good moot court memorial on which the opposing
team will raise objections and interrogate them. This can also help them to improve their
skills in adapting to sudden situations and dealing with uncomfortable scenarios.

Building Self-Belief
. Mooting helps a person gain confidence in talking and presenting their point of view to
others. It aids in the development of a person’s confidence to the point where they are not
afraid to question or speak in front of others and can effectively fight cases.

Practical Experience
. Mooting assists students who are studying law by providing practical implications and
knowledge that they would not find in books and would be unaware of, as practical and
theoretical knowledge is like two sides of the same coin, and to pass the hurdle you must
study both of them, even though they appear to be the same but are opposite in reality.

Collaboration
. Moot court contests are held at the school or institutions that host them, and teams from
several colleges compete. The team consists of three students, one of whom serves as the
researcher and the other two as presenters, expressing opposing viewpoints. This teaches
students how to work successfully as a team and examine their strengths and weaknesses,
as well as how to improve them to reach optimum efficiency. It also teaches you how to
work with people who are different from you and how to collaborate with them.

Q3)Why Should I Join Moot Court?

Q3)Why Should I Join Moot Court?
Legal employers, particularly large law firms, love students who have participated in moot court.
Why? Because they've already spent many hours perfecting the analytical, research, and writing
skills that practicing attorneys must have. When you have moot court on your resume, a
prospective employer knows that you've been learning to form and communicate legal
arguments for a year or more. If you've already spent a lot of time in law school on these tasks,
that's less time the firm will have to invest in training you and more time you can spend
practicing law.

Even if you're not thinking of a job at a large firm, a moot court can be quite useful. You'll
become increasingly more comfortable formulating arguments and expressing them in front of
judges, essential skills for an attorney. If you feel that your public speaking skills need some
work, moot court is a great place to hone them.

On a more personal level, participating in moot court can also provide a unique bonding
experience for you and your team and give you a mini-support system during law school.

Q4)Why should everybody Participate In Moot courts

1 INTRODUCTION
. 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 Councilors
(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
 .

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.

2 )CONCEPT OF MOOT COURTS

.
. In the earlier times, there was no concept of moot court and mooting when the law was
taught in colleges etc. But due to the growing need and the development and
advancement in the field of law and various interpretations as to the law was made the
concept of moot court
.
. Moot Court basically means a replica of a real court where legal proceedings and trials
take place and thus it is also known as a Mock Court where students who are studying law
act as professional and take up all the responsibilities and duties according to their role to
see their ability to think creatively and answer convincingly when questioned and show
their oratory, writing and persuasive skills.
.
. Moot Court is a way a student is groomed as a proper lawyer. It is one of the modern
methods of giving practical knowledge to the students by putting them in a hypothetical
situation similar to that of a real court and then the two teams each on one side argue
upon fictional cases and those questions of law with are debatable in reality and which
have not been bound or are still the lawmakers are silent on some facts.
.
. Moot Court, now is one of the biggest and efficient sources from where people get the
education and imbibe all the qualities and skill that a lawyer require.

3 IMPORTANCE OF MOOTING
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 advantages of mooting are as follows:

1) 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.

2 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.

3)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.

4) 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.

5) 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 analyze
 .
what are 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.

4 CAN MOOTING HELP YOU IN YOUR CAREER?

. Honestly speaking, Mooting is one of the most important things that help you in your
career and your future growth as well.
.
. Mooting is one thing that inculcates a lot of habits and discipline that are requirements by
many of the Law firms Recruiters and when a law student sits in a Job Interview,
.
. f your resume will display that you have done a different kind of moots then it will be very
beneficiary as the employer will know that you have a good amount of knowledge in this
field and you have experience and your chances of being selected will automatically go up.
.
. Mooting in today’s generation is something considered to be one of the most important
factors which everybody looks after because if you are a good mooter, people will
consider you important and knowledgeable.
.
. Also, the exposure you get in mooting helps you to easily adjust in your future jobs which
is quite important.

5 WHAT IS THE PURPOSE OF MOOTING?

. 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.
.
. Mooting helps in raising your chances to be get hired for a job as well.
 .
. As when you sit in a job interview the employer will look in your resume that if you have
done mooting before then, the chances of you being hired in a company will be more as
the employer will be willing to invest in you and train you as he wants higher productivity
from skilled people.

6)The purpose of mooting can also be defined as follows:

1) SOCIETY WELFARE
The society needs efficient lawyers, mainly judges and advocates so that the society can benefit
at large due to the pendency of the cases in India. For the purpose to provide proficient
individuals who are perfect in their field is not an easy task, for the same purpose mooting is
really important to build such lawyers for the benefit the society at large, so that the problem of
pendency of cases can be solved in the near future because if there will be efficient and good
judges, the problem will be solved automatically.

2) PRACTICING
The main purpose of mooting is that to make you practice before actually becoming a
professional and practicing in courtrooms about everything. If you have years of practice then it
is easier for one to make a lot of clients because of his practice and knowledge one has gained in
the field.

3) EXPERIENCE
An important part of every individual’s life from which it grows is the experience he gains from
the life that he gets and gaining experience will help in any profession because it is the
experience that matters when the case or proposition is related to very controversial laws and
topics and at that time the experience helps him as how to go ahead in the case.

This is done by participating in different kind of moots by going to different cities meeting new
people from various law schools and interact with them will definitely help you in understanding
the law in a better way.

4) CREATIVE THINKING
When one participates in different kinds of moot court competitions in various places and
colleges, there might arise situations that you have to play with words and mould the case in
your favour then there comes the art of creative thinking which you are required to show and you
have to think on your feet as you cannot be prepared for everything, as moot court is a place
where you have to expect the unexpected. Thus, it will also help you to enhance your thinking in
a better way.

5) MOTIVATION
Lastly, students who participate first time in this kind of activities not only get the exposure but
also the motivation to take part in a more comprehensive way and in other competition and
moots as well. These kinds of Mooting competitions boosts up the morale of the students and
helps them to talk passively and hence put forth their ideas in front of anybody if earlier they
were hesitant to do so.

7)CONCLUSION
I believe that mooting is one of the essential parts for a law student to get the proficiency in this
field and one must do different kinds of mooting as the amount of exposure it gives to the
students is tremendous plus the knowledge and experience gained by the students is also quite
helpful as it will help them in the future when they will become lawyers and Judges of High Court
and Supreme Court and will deliver justice. So, these kinds of mooting activities help a student to
grow as an individual and also motivate them to come up and show their skills.

Q6)Advocacy Toolkit: Skills and Strategies for Effective and Peer Advocacy

What is Advocacy?
"Advocacy" can mean many things, but in general, it refers to taking action. Advocacy simply
involves speaking and acting on behalf of yourself or others. There are several types of action
that a person can take:

Self-advocacy:
. taking action to represent and advance your own interests;

Peer advocacy:
. taking action to represent the rights and interests of someone other than yourself;

Systems advocacy:
. taking action to influence social, political, and economic systems to bring about change
for groups of people;
Legal advocacy:
. taking action to use attorneys and the legal or administrative systems to establish or
protect legal rights. (Advocacy Training Manual.
 ●

. This Advocacy Tool Kit provides individuals with information and skill building exercises to
develop and enhance self and peer advocacy skills
.
. . The information contained in this Kit has been gathered and developed to assist
individuals in Wisconsin, but may be helpful to those in other states as well.
.
. The goal of this tool kit is to teach people with disabilities and others who are advocating
for them, the skills and strategies necessary to be an effective advocate.
.
● Skills are techniques for becoming competent in an area.
●

● Strategies are plans for an approach to address an issue or solve a problem.

This Kit reviews Informal and Formal Advocacy Strategies. For the purposes of this Tool kit,
Informal Advocacy Strategies are strategies that do not involve bringing in an outside decision
maker. Formal Advocacy Strategies, on the other hand, typically involve an outside decision-
maker.

Examples of formal processes include court hearings, grievance procedures or complaint

processes.
Although some of the sections in this publication are written with the self-advocate in mind, peer
advocates (including family, friends and service providers) will benefit from the advocacy
information and techniques throughout the publication.

Why advocate for myself or someone I know?

. Whether you attempt to get a service provider to listen and respond to a concern or you
try to get a landlord to fix the broken light in a stairwell of your apartment building,
advocacy is practiced by people for many different reasons.
.
. For people with disabilities, frequent interaction with service providers, family members,
friends, colleagues and others who may not recognize you as a decision-maker can
disempower you.
.
. Learning about and practicing selfadvocacy and peer advocacy skills can enhance your
role and confidence in making the decisions that affect your life.
.
. While there’s no guarantee, advocating for yourself is the most direct way to secure
change. And that change can mean more than getting the stairwell light replaced. Self-
confidence, a healthier self-esteem and newly-gained respect from others can all be
 surprising by-products of the advocacy process.

How do I advocate for myself or someone else?

This Advocacy Tool Kit is designed to assist you in learning strategies and practicing some skills
so that you feel comfortable and confident as an advocate. Everyone is different and has
different life experiences. Because of these differences, there is not one magic formula that tells
you how to be an effective advocate. Experiment with different styles and choose the ones that
you feel are both comfortable and effective for you.

Q6)Basic Advocacy Skills Step by Step

1)Advocacy Tool Kit
August 24, 2018
This excerpt from the Autism Speaks Advocacy Tool Kit was written by Ann Shalof, a nonprofit
professional focused on youth advocacy and empowerment.

It is helpful to think about the advocacy process as a series of steps that can be taught and
learned. Most of those steps relate to preparation. Before you even begin to “advocate,” you will
want to have determined your goal, thought about how you will proceed, and developed a plan.

Steps:
Step 1: Identify the goal of your advocacy.
● What are you hoping to accomplish?
● What are some acceptable outcomes?
●

Step 2: Develop a plan or strategy.

● What facts and arguments support your position?
● If relevant, what rights do you have, what laws apply, what resources exist or what benefits
or services are you entitled to?
●

Step 3. Consider the perspective of the party to whom you are advocating.

● Anticipate and understand their positions and their arguments.

● How might you counter those arguments?

Step 4. Be aware of emotions – on all sides.

● Your advocacy should be rational. It is important to avoid being governed by emotion and
to avoid making your advocacy personal.
 ●

● The other party may be governed by emotion. It is important that they understand that
your advocacy is based on rational considerations and is not personal to them.

Step 5. Understand to whom you are advocating and to whom you ultimately need to
advocate.
● Does the person you are addressing have the authority to grant your request or resolve
your situation?
●

● What constraints does s/he face?

Step 6. Present your “case.”

Step 7. Consider possible resolutions that might be acceptable to all parties.

Example Scenario:
Your child is not progressing satisfactorily in his school and continues to engage in problematic
behaviors at home that you feel are not being adequately addressed. While you feel the staff has
been conscientious, you believe that they lack the expertise necessary to help your child and
that the services he is receiving are not sufficiently intensive. As a result, you request a meeting
with the school team to discuss his program.
. The first step in the process is for you to identify your goal. What is the point of your
meeting? What are you hoping to achieve through this process? Perhaps there is a
program in a neighboring school district that you feel would be perfect for your child;
placement there would be your ideal outcome. Are there other outcomes that are
acceptable? Perhaps additional hours of home ABA therapy would also suffice.
.
. You then need to devise your plan. What evidence can you gather to support your view –
i.e., to demonstrate to the team that there is a continuing problem? What is your child
entitled to? How will you demonstrate that his current educational program is not
appropriate?
.
. In preparing for the meeting, consider the perspective of the other party, in this case, the
members of the team. You may have several goals: you want them to support your request
for a new placement or at least for additional services. You also want to preserve a good
working relationship with them, if possible, especially if they will continue to play a role in
your child’s education. If they have been conscientious and dedicated to your child’s
education, they may take personally your request to move your child out of district and
view it as criticism of them personally or professionally.
 .
. That is, their reaction may be based on their feelings and emotions. The school district
itself may be concerned about its budget, payments to another district, or setting a
precedent and opening the floodgates to requests that it can’t accommodate. All of these
factors may shape the response you encounter. The perspective of the other party, or the
possible personal reaction to your advocacy, will not necessarily shape your goals.
However, it should shape your strategy.
.
. You are bringing your concerns to your child’s teacher and school principal. But are they
empowered to grant your request? If you are advocating to someone who lacks sufficient
authority, no matter how hard you press – and regardless of whether they are sympathetic
to your position – they will be unable to grant your request. The goal of your advocacy with
the team might then be to get them to support you in bringing your request to the district
level – to make them allies and not opponents. Think back to step 3 and remember their
perspective as you plan your advocacy.
.
. After thinking about your strategy, you attend the meeting at the school and let them know
your concerns and your point of view. That is, you present your case.
.
. In some cases, your goal will be absolute. Your child may be entitled to certain services as
a matter of right and you will ensure that they are provided. In many cases though, there
may be a number of possible resolutions. In this scenario, your ideal goal may be that
perfect out-of-district placement. But are there other resolutions that might provide an
appropriate education? Perhaps additional hours of ABA home therapy will be sufficient. In
your advocacy, you should be open to and anticipate other resolutions that may be
acceptable to all parties.

Q 7 Mock Trial

1)Purpose
A mock trial is a simulation or enactment of a judicial proceeding. Mock trials provide students
with knowledge of the judicial system, legal process, and courtroom procedures

. Mock trials help to: develop students’ questioning skills, critical thinking, and oratory skills;
demonstrate the roles of various actors in the legal system; and provide the class with exposure
to legal resource people, such as judges, attorneys, and law school students. Mock trials may be
based on historical events, cases of contemporary interest, school events, or hypothetical
situations and fact patterns.
The format of a mock trial can be either formal or informal. The formal vs. informal format
depends on the objectives of the activity, the time available, and the students’ skills and prior
experiences.

Procedures
1)Distribute the mock trial materials to the class.
All students should read the entire set of materials including facts of the case, witness
statements, and any other material.

2)Assign or ask for students to volunteer for the various roles in the mock trial.
Depending on the type of trial, students should be selected to play the roles of attorneys,
witnesses, bailiff, and court reporter. You can form a jury using students from your class,
students from outside the class (e.g., study hall) or adult volunteers. Generally a teacher plays
the role of the judge in order to ensure proper courtroom procedure.

3)Prepare students for the mock trial by dividing the class into training groups:

1)Plaintiff team (a prosecution team in a criminal trial):

. ask students to prepare opening statements, prepare direct and cross-examination
questions, prepare witnesses for their testimony on the stand, and closing
arguments. Be sure to share the rules of evidence with students as they prepare for
the trial.

2)Defense team:
ask students to prepare opening statements, prepare direct and cross-examination
questions, prep witnesses for examination and cross-examination, and prepare closing
arguments. Be sure to share the rules of evidence with students as they prepare for the
trial.

3)(optional) Support role team (bailiff, court reporter, and jury):

. help you prepare for the trial by running errands and setting up the room.
○

4)Conduct the trial. A civil trial with two witnesses on each side involves the following steps.
. (If you are conducting a criminal trial, replace the term plaintiff with prosecution.)
○ Plaintiff team opening statement
○ Defense team opening statement
○ Direct examination of plaintiff witness #1
○ Cross examination of plaintiff witness #1
 ○ Direct examination of plaintiff witness #2
○ Cross examination of plaintiff witness #2
○ Direct examination of defense witness #1
○ Cross examination of defense witness #1
○ Direct examination of defense witness #2
○ Cross examination of defense witness #2
○ Plaintiff team closing argument
○ Defense team closing argument
○

.
. Once closing statements have concluded, explain the deliberation guidelines to the jury
and ask the jury to leave the room to deliberate.
.
. To make the process more organized, consider asking one jury member to serve as
foreman. Once the jury has deliberated and come to a judgement or verdict, ask the jury to
return to the room. Either the judge or jury foreman can read the judgement or verdict.
.
. Conclude the trial by asking the jury to explain how they came to their judgement or
verdict. Administer any assessments or reflection activities at this point.

4)Simplified Rules of Evidence

In United States courtrooms, elaborate rules regulate the admission of evidence. These rules
ensure that both parties receive a fair hearing and exclude evidence that is irrelevant,
untrustworthy, or unduly prejudicial. For purposes of a classroom mock trial, the rules of
evidence may be greatly simplified. The following rules are those most commonly applied to a
classroom mock trial.

5)Form of questions:
1)Leading questions are permitted during the cross-examination but not during direct
examination of a witness.
. A leading question is one that suggests the answer desired by the person asking the
question. For example, “Mr. Hayes, isn’t it true that you were drinking on the night of July
23rd?”

2)Direct Question
. Direct questions are generally phrased to evoke a narrative answer. For example, “Mr.
Bryant, can you please tell us what happened to you on the night of July 23rd?”

3)Questions that call for witness opinions:

. As a general rule, witnesses may not voice their opinions. They should confine their
 .
testimony to matters of personal knowledge (i.e., what they did, saw, heard, smelled, etc.).
.
. Certain witnesses who have special knowledge or experience in a certain field, however,
may be qualified as “expert witnesses.”
.
. An expert witness may express an opinion about his or her area of special expertise. For
example, an attorney might ask: “Doctor, what medical condition caused the plaintiff to
die?” If the doctor is a veterinarian, the question would not be allowed. If the doctor is a
medical examiner or forensic pathologist, it likely would be allowed.

4)Questions that call for hearsay:

. Hearsay is an out-of-court statement offered to prove the truth of what is asserted in the
statement. For example, suppose a witness says, “I heard that John Bryant has a criminal
record.” This is hearsay if offered to prove that John Bryant has a criminal record. Such
statements as “I was told...,” “I heard ...,” “I was informed...,” are other typical examples of
hearsay statements.
.
. As a general rule, hearsay is not permitted as evidence in a trial. Students should learn,
however, that there are exceptions to the rule against hearsay and that it is sometimes
permitted in an actual trial.

5)Questions that are irrelevant:

. Only relevant testimony may be presented. Irrelevant testimony is that which has nothing
to do with the issues in the case. For example, if a lawyer asked, “Mr. Hayes, what is the
last good book you read?” that question would not be pertinent to the case.

6)Introduction of physical evidence:

. If there is any physical evidence (e.g., documents, photographs, etc.) that either side
wishes to have introduced at trial, this may be done by:
.
. Asking the judge for permission to have an item marked for identification (e.g., “Your
Honor, I ask that this letter be marked for identification as Defendant’s Exhibit A.”)
.
. Showing the item to the attorneys on the other side to give them an opportunity to make
any objections.
.
. Asking the witness on the stand to identify the item (e.g., “Mr. Kay, this has been marked
Defendant’s Exhibit A. Could you please tell us what it is?”)
.
. Moving the item into evidence (e.g., “Your Honor, I offer this letter for admission into
evidence.”)
7)Impeachment:
. If a witness’s testimony contradicts the facts as offered in the witness statement or other
witness statements, attorneys on the opposing side can impeach the witness on
cross-examination. “Impeach” means that the opposing side can point out the
contradiction and thereby call into question the truthfulness of the witness.
.
. To impeach a witness, the opposing side should:
.
. Show the witness statement to the person on the stand.
.
. Ask, “Is this your sworn statement?”
.
. Ask the witness to read the portion of the statement that contradicts his or her testimony.
.
. Point out the contradiction to the court.
.
. In classroom situations, student attorneys may object if the other side introduces evidence
that cannot reasonably be deduced from the fact pattern given.

Q8 Procedure
Procedure:

1)Opening Arguments:
. Setting up your agenda/ proposition/ argument outline of the whole brief.

2)Detailed Arguments:
. Addressing the facts by application of lav Applying the right/just/ convenient law or
remedy to the probler keeping in hindsight the facts of the matter.

3)Concluding Arguments:
Summing up your arguments by showing the party or side you are representing is at a higher
pedestal at law vis vis the opposite party and hence is entitled to the legal remedie available at
law.

Concluding Arguments should connect with the prayers asked or argue in the brief. There is a
need of nexus or logical connection to th arguments advanced and prayer asked before the
Hon'ble Judiciæ Forum.
4)Answering Questions:
. Answer only when you are certain. Answe should be to the point and beating around the
bush should be avoidec Do not Bluff. Answer only when asked. Answering a question
should no be used as an avenue to further your arguments. Do not be adaman but be
confident and adamant of your views.

5)Research:
. Researching the facts
.
. Researching the law
.
. Researching landmark judicial precedents, application of judicial decisions to facts only if
it is in consonance with the facts of the case (Stare Decisis)Be thorough with
Constitutional Law, Landmark Verdicts of the Supreme Court and High Courts,
Jurisprudence of the law/statute in question.
.
. Use of manupatra/ SCC online/ Indiankanoon etc.

Q9 DRAFTING THE MEMORIAL

The memorial/memorandum is the submission made by the student. The memorial needs to be
made in proper legal language and needs to include inter-alia all the facts, the arguments made
by the student along with relevant judicial precedents to support the argument.
The memorial has a universal format. Memorial contributes a large amount towards the marks for
the moot. Make sure to add Footnotes to your memorial.

1)Cover page
. The cover page of each written submission of Memorial must have the following
information:
.
. The name of the forum before which the proceedings are being conducted;
.
. The title of the competition;
.
. The name of the case;
.
 . The Title of the Memorial ("Memorial submitted on behalf of the Plaintiff or Petitioner or
Appellant" or "Memorial submitted on behalf of the Defendant or Respondent or
Respondent").
.
. The cover pages must be Blue for Plaintiff or Petitioner or Appellant and
.
. Red for Defendant or Respondent or Respondent.
.
. Plaintiff (Blue) v. Defendant (Red); Petitioner (Blue) v. Respondent (Red);
.
. Appellant (Blue) v. Respondent (Red);
.
. The upper right side of the cover page must contain the Team Code that shall be assigned
to each participating teams during Registration. Names of Participants, or Colleges or
Universities should not to be mentioned anywhere on the Written Submission of Memorial
(you should check the specific rules regarding this though).

2)Index of authorities
1)In this all the materials which support your argument have to be added.

. The authorities of Supreme Court and High courts, foreign judgments, statutes, and
parliamentary debates are mentioned under the index of authorities. Sources refer through
articles, text books, journals, and websites are also mentioned.
.
. This is not only helpful for the speaker but also useful for the judge and other side speaker
to easily determine what case laws, constitutional provisions, statutes or other materials
are being cited.

2)Uniform citation method has to be followed.

.
. Citation is crucial part of memorial; it should be in correct format. Citation helps to
determine from where the certain cases, statutes or other materials have been taken.
.
. It gives easily reference to the judges from where certain part has been taken.

3)Statement of jurisdiction
.
. Jurisdiction is the most important part of memorial. The jurisdiction of the court should be
clearly mentioned with the reason.
.
. Finding the proper jurisdiction is very important. Judges surely ask questions and thereby
 .
it is important to know the jurisdiction of the court.

4)Statement of issues
.
. • This is a short introductory statement of the legal issues or points of law involved in the
case. It tells the judges precisely what legal issues the speaker wants the court to decide.
.
. These statements should be phrased to help one to argue for a particular conclusion
rather than simply against the other side.
.
. These issues are stated in question form and should be phrased in such a way that it
showed on its favor side.
.
. These issues are very short and not lengthy so as to make an individual understand the
very essence of it.
.
. They are not more than one sentence. The sentence should start with 'Whether' and end
up with the Question mark'.

3)Arguments
.
. This is the heart and soul of the memorial. Every part of the argument must be supported
by legal authority.
.
. Arguments should be well-organized and convincing. Each point the team wants the court
to consider in deciding the case must be described, the reasons explained with
appropriate references to research materials used, and text citations should be inserted as
frequently as needed.
.
. Then, address contentions anticipated to be brought up by the opposing party. The
argument should be written in forceful, active, positive language.
.
. It is best to avoid the passive tense. Headings and subheadings are used to help in clearly
organizing the arguments.
.
. The same structure of headings and subheadings should be summarized in the Table of
Contents. The idea is to do everything in terms of both form and substance to help the
court understand the reasonableness and logic of the argument, and thus decide in one's
favour.

4)Prayer
 . It is the relief claimed by the parties which should be clearly mentioned. More than one
relief can be claimed in one cause of action. Following the prayer signature of the counsel
must be stated.
.
. This acts as the ending of the Memorial. This clearly declares what an individual be it a
petitioner or the defendant actually wants from the Court in his favour. This is the relief
mentioning sentence, and in it the basic motive of filing the suit is mentioned through
reliefs claimed.

Q10 Do and Donts In moot court

In order to avoid becoming one of these poor advocates (or something equally bad), here are a
few do’s and don’ts for your oral arguments.

1)Dont
things you shouldn’t do during an oral argument
1)Rush.
. Keep calm and speak with deliberate speed.

2)Read an argument.
. Memorize your preferred order of ideas and approach with those simple outline points.
.

2)Miscite the record or authority.

. If your opponent miscites something, then carefully and respectfully point it out – but
you’d better be right!

3)Guess.
. If you don’t know the answer, admit it. Try to avoid this by anticipating every question the
judges might ask. (Actual practice tip: If necessary, offer to write a supplemental brief if it
would help the court.)

4)Speak over a judge.

. Even if the judge interrupts you, stop taking. Immediately.

5)Chew your fingernails.

. Or twiddle your thumbs. Or any other distracting habits: playing with your tie or necklace,
fiddling with papers, swaying at the podium, etc. Nervous ticks can be very distracting to
the judges on the bench; experts say that 55% of your impact on an audience is your
 appearance, not your words.

6)Ask how much time you have left.

. It’s your job to keep track, so do so.

7)Ask the judges questions.

. You’re there to answer questions, not ask them. You can verify if your understanding of a
question is correct and if the court has further questions, but that’s it.

8)Present your argument as an opinion.

. Tell the court what the law is, not what you think it should be. Avoid first person singular
and “appellant contends, it is our position that, in our view…”

9)DON’T suppose that your submissions will be accepted at face value

10)You should have thought through the implications of what you say so as to be ready to
deal with questions starting ‘Doesn’t that mean ...?’ , agreement to which may scupper your
argument

11)Be aware that time goes far more quickly than you think. You must be succinct, and
recognise that there will be judicial interventions which will take up time.

12)Be flexible enough to move on, and be prepared to say that you need to move on, even if
you have not said all that you had prepared on a particular point, so as to be sure to cover
your main submissions. DON’T try to make up time by speaking too quickly: gabbling loses
attention.

13)DON’T drape yourself over the lectern

Stand up straight; stand still rather than bending and swaying.

14)DON’T use incessant hand gestures

This is distracting; some controlled use is fine.
DON’T lecture and DO vary your tempo, volume and emphasis .
. Try to converse and engage. Vary the tempo, volume and emphasis with which you speak,
perhaps as the importance of the point varies, rather than going at single pace and volume
as if automated. If in doubt about the tempo, and particularly if feeling nervous, you will
gain confidence and attention by slowing down rather than speeding up at the start of your
submission
Do
things you should do during an oral argument
1)Sound like you care.
. Even if you think it’s the most boring issue in the world, the judges should never sense
that.
.

2)Answer questions directly,

. completely and immediately. Never say “I will get to that in a minute.”

3)Make eye contact.

. Don’t just look at one judge, connect with each one on the panel.
.

4)Be conversational,
. but not overly familiar. Address judges much like a junior associate would address a senior
associate or partner.
.

5)Address judges with correct terminology.

. In the highest court, it’s Chief Justice or Justice followed by their last name. In the
intermediate appellate court, it’s Chief Judge or Judge followed by their last name. If
you’re bad with names, then use “Your Honor.”
.

6)Wear proper attire.

. Stay away from the trendy tight and short suits. Don’t go crazy with the hair product. Make
sure your tie isn’t crooked.
.
7)Be credible.
.
8)Keep it simple.
. Be brief and to the point. Use plain English, not pretentious expressions or legalise. (You
should also write this way, but that’s fodder for another blog post…)
.
9)Be cautious with humor.
. Don’t tell prepared jokes. Most of the time courtroom humor goes seriously wrong.

3)Last words of advice

Start prepping early, make sure that you have all of the elements of a great argument and follow
these do’s and don’ts to ensure that you rock your moot court tryouts. Go forth, advocate, and
good luck!
Q 10 The Organizing Committee of the moot court

1)Task to be done by organizing committee.

Inviting Judges.
Arrange volunteers for various works. Inviting and receiving mooters.
Making arrangement for moot court room.
Preparation of problem and its distribution.
Appointing court masters.
Collection of written material
its assessment.

2)Judges for the moot court

For national competition, sitting judges of HC or DC can be invited.

For other occasions lawyer and teachers may be invited.

At the initial stages or at practice session senior students who have participated in the moot
court competition can be made to sit in the moot court.

3)Judges for the moot court

Competent judges for moot is very important.
Judges should be acquainted with the topic and interested in judging the competition.

Judges should be provided with the copies of the problem and written memorial in advance.

The assessment sheet for the competition should also be provided in advance so that the judges
are aware of the factors on which a student needs to be assessed at the time of competition.