Table of Contents

ORDINARY COURT .................................................................................................. 2

MOOT COURT ........................................................................................................ 2
MOCK COURT ........................................................................................................ 2
STAGES OF ORDINARY COURTS .............................................................................. 2
IN CIVIL COURT ................................................................................................... 2
IN CRIMINAL COURTS ......................................................................................... 4
STAGES IN MOOT COURT ....................................................................................... 7
STAGES IN MOCK TRAIL ......................................................................................... 7
DIFFERENCE BETWEEN ORINARY COURT AND MOOT COURT ................................ 8
DIFFERENCE BETWEEN ORINARY COURT AND MOCK COURT ................................ 8
DIFFERENCE BETWEEN MOCK COURT AND MOOT COURT .................................... 8
ORDINARY COURT
also called court of law, a person or body of persons having judicial authority to hear and resolve
disputes in civil, criminal, ecclesiastical, or military cases
A place where trials and other legal cases happen, or the people present in such
a place, especially the officials and those deciding if someone is guilty
A duly instituted organ of the government that administers justice, whether on the basis of
legislation, previous court decisions, or other authoritative services.

MOOT COURT
is a co-curricular activity at many law schools. Participants take part in simulated court
or arbitration proceedings, usually involving drafting memorials or memoranda and participating
in oral argument. In most countries, the phrase "moot court" may be shortened to simply "moot"
or "mooting". Participants are either referred to as "mooters" or, less conventionally, "mooties
Method of teaching law and legal skills that requires students to analyze and argue both sides of
a hypothetical legal issue using procedures modeled after those employed in state and federal app
ellate court.

MOCK COURT
Mock Trial is a competition in which students simulate a real trial. The trial concerns an official
AMTA case that remains the same through the entire academic year. The case alternates between
a civil and a criminal case every year. The case is entirely fictional.
a mock court in which law students argue hypothetical cases for practice.

STAGES OF ORDINARY COURTS

IN CIVIL COURT
1. FILING OF CASE:

The Plaintiff files the case. This is done by dropping the entire case file (see Contents of Civil
Case File) into a petition box located in the district court premises.

• Vakalatnama:

A document by which a person gives authority to a lawyer to represent them in court; a power of
attorney in favour of a lawyer. There is a set format which lawyers use with minor variations.
See sample Vakalatnama in English here, one in Urdu here, and one in Urdu for criminal
cases here.

• Plaint, Plaintiff & Defendant:

A Plaint is the written allegation submitted to the court. The person who files it is called the
Plaintiff and against whom it is filed is called the Defendant. For example if a case title
is, Ahmad Bilal (“AB”) v Chaudry Daud (“CD”) *, Ahmad Bilal would be the Plaintiff, one who
has filed the case in court, and Chaudry Daud would be the Defendant, meaning the person who
has to reply to the allegations and defend the case.

2. SUMMONING OF DEFENDANT:

The Defendant, CD in our example above, needs to be informed that there is a case against him
and consequently, has to appear in court to give his version of the facts. The court uses a process
to enforce a Defendant’s attendance, through sending summons (on the address of the Defendant
via courier and registered post). Failing the Defendant’s presence, despite summons being served
on him, the court gives a last chance for appearance, by ordering a newspaper advertisement to
be published informing him about the case. After this the case proceeds without the Defendant.
(called “Ex parte” proceedings).

3. FILING OF WRITTEN STATEMENT:

The written reply filed by the Defendant, presenting his side of the story, is called a Written
Statement. Once the Defendant appears in court he is given time to file his Written Statement
along with all supporting documents.

4. FRAMING OF ISSUES:

After reviewing both the Plaint and Written Statement, the judge will pose questions that he/she
feels need to be answered to reach a decision. This process is called Framing of Issues.
Furthermore, these issues . These issues are either for the Plaintiff to prove (Onus to Prove on
Plaintiff [OPP]) or for the Defendant to prove [OPD]. Thereafter, the parties call witnesses who
give evidence in light of these questions.

This is also the last stage (within seven days of framing of issues) at which the parties must
submit a list of persons who they intend to call as witnesses to the court.

5. EVIDENCE OF PLAINTIFF:

Anything you present to the court to support your case is evidence and it is of two types, oral
(what you say in court on oath as a witness) and documentary (the documents you present in
court as a witness). The evidence of Plaintiff is conducted in two stages, firstly examination in
chief (your lawyer asking you questions to bring out your story) and secondly, cross examination
(other party’s lawyer asking you question to discredit your story).
6. EVIDENCE OF DEFENDANT:

Same as point no 5 above, except that it is now the Defendant’s turn to give evidence.

7. FINAL ARGUMENTS OF PLAINTIFF:

Final Arguments are a summary of the entire case including evidence and relevant law. The
Plaintiff has the first turn.

8. FINAL ARGUMENTS OF DEFENDANT:

Defendant’s turn to give summary of his version of the case.

9. JUDGMENT PRONOUNCED:

The Judge decides the case according to the issues framed and answers them according to the
evidence he/she has heard. He/she gives his/her detailed reasons for concluding the case for or
against the Plaintiff.

10. DECREE DRAWN UP:

A decree is the formal expression of the final outcome of the case in light of the Judgment.

IN CRIMINAL COURTS
1- REGISTRATION OF FIR:

First Information Report is formal record of a complaint by the police in cognizable cases and
the first stage at which a criminal case takes birth. Lodged at the police station it has a set format.
Police officers have to reduced it into writing if given orally or if in writing, read over to
complainant and signed by him. The complainant is entitled to a free copy of the FIR. (see for
FIR Section. 154 CrPC)

2. INVESTIGATION:

After registration of FIR, the police has to begin investigation of the case. Investigation includes
all proceedings for collection of evidence conducted by police officer or person authorized by a
magistrate. Investigation is conducted by police officer or any officer authorized by a magistrate
but cannot be conducted by magistrate himself. (See S. 4(1)(l) CrPC). Investigation leads an
Investigation Officer (“IO”) to reach conclusion whether charge sheet (Challan) or a closure
report (akhraj muqaddama) has to be filed. Statements of witnesses are recorded (s. 161 CrPC)
and if needed reports ranging from site plans, post mortem, injury, medical to forensics are
obtained.

3. ARREST & BAIL:

If for purposes of investigation, an Accused (against whom police thinks there is sufficient
evidence) has been arrested, the police has to produce the arrested person before a Magistrate
within 24 hours. The Court may then either:

i) remand to police custody; Further investigation needed; ‘Remand’ denotes sending back a
person into custody to secure investigation or trial. Commonly referred to as
“Physical remand”. Police can interrogate Accused & confine him at the police station.

ii) remand to judicial custody; Commonly referred to as “Judicial”. Accused is no longer in

police custody and is moved to district jail

iii) release on bail; Bail can be of two kinds pre arrest or post arrest.

If according to classification of offence in Schedule II the offence is not one requiring a warrant,
a summon is issued to Accused person. Summon means there is only attendance to be procured
and no detention by the police.

4. POLICE REPORT (CHALLAN):

The police report under Section 173 CrPc commonly known as challan containing the opinion of
police on basis of all investigation and material collected is submitted in court. The police
recommends either charging the Accused or cancelling the case. The police report is a summary
of how an offence was committed and role of each person involved in crime. If any persons were
investigated and not charged due to lack of evidence they are also included in it. Filing of Police
Report means that the investigation in case is over and now court has to consider the evidence
collected by the police.

5. FRAMING OF CHARGE:

Framing of charges mean that the court looks into the evidence collected by the police and
applies its mind so as to what are the charges under which an accused has to be booked. The
Charge is read out to the Accused who enters his plea on the Charges of either “Guilty” or “Not
Guilty”. The first plea puts an end to the trial and only conviction is left whereas the latter plea
means that now the trial will commence.

6. RECORDING OF PROSECUTION EVIDENCE:

After the charges have been framed against an Accused, the prosecution is required to produce
before the court, all the evidence collected by the police including producing prosecution
witnesses (PWs). The witnesses brought by the prosecution are expected to support the case
presented by the prosecution and if they fail to do so, they are declared hostile and the
prosecution may request the court not to rely on the statement of such a witness. In case the
witness supports the case of the prosecution, the defence (Accused’s side) is entitled to cross
examine the witness so that they could find out the discrepancies in the statement of the witness
concerned.

7. STATEMENT OF THE ACCUSED:

Section 342 of the CrPC empowers the court to ask for an explanation from the Accused. The
basic idea is to give an opportunity of being heard to an Accused and explain the facts and
circumstances appearing in the evidence against him. This statement is not on oath and Accused
may refuse to answer the questions so asked. The answers given by the Accused may be taken
into consideration in such inquiry or trial, and put in evidence for or against him. It is usually in
the form of questions and answers.

8. EVIDENCE OF DEFENSE:

After the statement of the Accused is over, the Court applies its mind and tries to find out if the
Accused has committed any offence or not. The Court can either acquit the Accused or convict
the Accused. In cases of Accused not being acquitted by the Court, the defence is given an
opportunity to present any defence evidence in support of the Accused. The defence can also
produce its witnesses and the said witnesses are cross examined by the prosecution. Generally, in
Pakistan the defence does not provide defence evidence as the criminal justice system puts
burden of proof on the prosecution to prove that a person is guilty of an offence beyond the
reasonable doubt.

9. FINAL ARGUMENTS:

Another term for final submission. Once the defence evidence of the Accused is over, the
prosecution presents its final arguments. In final arguments, the prosecution generally sum up its
case against the accused. After the final arguments of the prosecution are over, the defence also
present its final arguments. After the final arguments of both the sides are over, the court
generally reserve its judgment.

10. DELIVERY OF JUDGMENT:

After application of mind, the judge delivers a final judgment holding an accused guilty of
offence or acquitting him of the particular offence. If a person is acquitted, the prosecution may
file an appeal and if a person is convicted of a particular offence, then sentence is announced. He
may also avail appeal in a higher court.
STAGES IN MOOT COURT
1-Formulation of the problem.

The formulation of the problem of the first stage of the moot court generally the problem is taken
for the periodical journals that is the decided cases by the High Court or the Supreme Court, but
a hypotical problem may be taken as moot court problem.

2-Students Participation.

The Students are interested the duties to act an advocate for both the sides to argue the matter.

3-Appointment of Judges.

Judges are generally from the faculty or the persons having a minimum knowledge of law.

4-Students Actual Presentation of Case.

This is very important part of the moot court the Students / mooters bear in the mind that they are
presenting the matter before the court. They should properly in dress. The manner of presentation
gives the additional wattage at the time of argument the mooters should follow the manner and
aticates to the fullest extent.

5-Question & Answer Stage.

After completion of the both sides the judges questions the mooters on the law point. The various
specific provision of the law, the authorities etc.

6-Conclusion and Recommendation.

There is no final Judgement in the moot court. After the question answer session if it is not part
of competition then the mistake made by the mooters giving the presentation can be detected and
notice to the students to correct it for the next presentation.

Moot Court is a compulsory subject, we take presentations for final year Students, for internal
evualuation.

STAGES IN MOCK TRAIL

1. The court is called to order.

2. The attorneys present physical evidence for inspection.
3. The judge states the charges against the defendant.
4. The prosecution delivers its opening statement.
5. The defense may choose to deliver its opening statement at this point or wait to open after the
prosecution has delivered its case.
6. The prosecution calls its witnesses and conducts a direct examination.
7. After each prosecution witness is called up and has been examined by the prosecution, the
defense may cross-examine the witness.
8. The defense may deliver its opening statement.
9. The defense calls its witnesses and conducts a direct examination.
10. After each defense witness is called up and has been examined by the defense, the
prosecution may cross-examine the witness.
11. The prosecution gives its closing statement.
12. The defense gives its closing statement.
13. The jury deliberates and reaches a verdict.
14. The defendant is sentenced or released.

DIFFERENCE BETWEEN ORINARY COURT AND MOOT COURT

Contrary to popular misconception, the modern moot court differs from a mock trial. Moot court
usually refers to a simulated appellate court or arbitral case, while a mock trial usually refers to a
simulated jury trial or bench trial. Moot court does not involve actual testimony by witnesses,
cross-examination, or the presentation of evidence, but is focused solely on the application of the
law to a common set of evidentiary assumptions to which the competitors must be introduced. In
most countries, the phrase “a moot court” may be shortened to simply “a moot” and the activity
may be called “mooting”.

DIFFERENCE BETWEEN ORINARY COURT AND MOCK COURT

While mock trial simulates the trial level proceeding, moot court simulates the appellate level
proceeding. Among other differences, mock trial involves witness testimony, with statements
and arguments directed to a jury, whereas moot court involves attorneys making arguments to,
and answering questions directly from, a panel of judges only. Many students participate in both
the mock trial and moot court student organizations; they are not mutually exclusive.

DIFFERENCE BETWEEN MOCK COURT AND MOOT COURT

A mock trial is like improvisational theater. All the parties are volunteers, usually lawyers,
playing the judge and witnesses, while the law students have to act like lawyers by prepping
them and examining and cross-examining and preparing opening and closing arguments. When
it’s all over, everyone shakes hands and goes home and nobody is imperiled.

In a real trial an attorney will do a more complex preparation and examinations and there are real
lives and fortunes at risk.