Module - 1

Introduction Of Moot

Online Certificate Course on Mooting skill

Online Certificate Course on Mooting skill
Introduction of Moot

I. What is Moot?
Moot is a mock judicial proceeding which is set up to examine a hypothetical case
as an academic exercise. Moot Court is basically a replica of a real court where
legal proceedings and mock trials take place. It is organised for the law students
wherein they can take part and act as a professional lawyer and take up all the
responsibilities and duties. The participants analyse the moot problem, research
for the relevant laws and prepare the written submission to present an oral
argument before the court. Basically, It is designed to enhance the ability and
skills of students to think creatively as a lawyer.

II. Why should I do moot?

Mooting itself consist various kinds of skills which are essential for a law student.
It helps us in career and for future growth and achievements. It not only helps to
enhance legal knowledge but also improve drafting, legal research,
communication skills as well as presentation skills in court room. Mooting culture
varies in different law schools or colleges. Some colleges have mooting as a
compulsory part while some has it as a co-curricular activity in their academic. It
is different from public speaking or debating, although it has similar pattern to
them in some aspects. The procedure of moot court is similar as in the actual court
wherein Judges asks the questions in order to identify the solution of issues in the
hypothetical case. The speakers appear as an advocate to present their submission
and try to prove their arguments in proper manner to win the case. Mooting is
basically a specialised application of persuasive advocacy.

III. Basics of Moot

a) The Order
Generally the mooting teams have to represent the arguments as an advocate on
behalf of Petitioner/Appellant/Plaintiff and on behalf of Respondent/ Defendant.
The teams are to be heard in following order:
Firstly, Advocate (Speaker 1) on behalf of Petitioner.
Advocate (Speaker 2) on behalf of Petitioner.

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Online Certificate Course on Mooting skill
Introduction of Moot

Secondly, Advocate (Speaker 1) on behalf of Respondent.

Advocate (Speaker 2) on behalf of Respondent.
Finally for Rebuttal, Advocate on behalf of Petitioner.
Then for Sur-rebuttal*, Advocate on behalf of Respondent.
Sur-rebuttal may be permitted only at the discretion of the Judges.

b) Timing
Time is the key to success in mooting. The critical aspect of mooting is time
management. Each speaker is permitted to address the court and present the
arguments within specified time limit. So you need to be able to expand and brief
your submission within given time frame. The time limit varies with every round
and every moot. So keep in mind each speaker must flow with the time in order to
complete the oral submission.

c) Formation of team
· Moot is basically a team work and for a good mooting one require proper
formation of team to achieve success.
· Mooting team is composition of three members; Speaker 1, Speaker 2 and
Researcher.
· Researcher is the soul of mooting, who research for the moot and prepare the
memorial along with the members. Moreover Speaker 1 and Speaker 2 both
present the arguments before the Judges.
· Each member has their individual function in the court room but all work
together for preparing the moot.
· In order to form a good team, every member of the team must be compatible to
work with each other.
· Every member must have good knowledge about law and possess good skills in
argument and in answering to the questions asked by Judges.
· Each member must be a good listener because without this skill the purpose of
moot court cannot be fulfilled.
· Members must be willing to devote themselves to the hard work, which is
essential requirement of mooting.

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© E-Justice India (CSM Partners and Associates LLP)
Any unauthorized use , circulation or reproduction
shall attract suitable action under applicable law.
Online Certificate Course on Mooting skill
Introduction of Moot

· In present day teams are lacking with the most important thing i.e. practice, so
members must prepare themselves so that they would not hesitate to argue before
the court.

d) Exchange of Memorial
· In the Moot Court Competition, when pairs of teams seat together then
organizers call the teams for “Draw of Lots” to decide the Petitioner and
Respondent.
· When the teams are decided, then organizers call them for “Memorial
Exchange” round. In this round both the teams of Petitioner and Respondent
exchange a copy of their memorials.
· The main purpose of this process is to get familiar with the facts and arguments
raised by the opposite team. Also to find out any loophole or mistake this will
help the team to gain advantage during the pleading.

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shall attract suitable action under applicable law. ejusticeindia.com