QUESTIONNAIR FOR MOOT COURT VIVA-VOCE

1. Purpose of Moot Court  To make acquainted with the various procedural aspects by the law
college students. It gives an opportunity to the students to prepare their own arguments and
present it before an expert called Judge.

2. Definition of Moot Court  A mock court in which law students argue hypothetical cases for
practice

3. Meaning of Memorial  A memorial is a written document that summarizes important

information about a legal record or presents facts to a government official as a petition.

4. Who prepares Memorial  Students

5. Purpose of Memorial  Court memorials can be defined as legal documents which are
prepared by teams competing in the moot court competition. It is a written submission that the
teams prepare to contain details such as the cases and books referred to, statements of
jurisdictions, arguments of the parts, facts of the case, and the prayer.

6. Definition of Judge  a public officer appointed to decide cases in a law court.

7. Meaning of Decree  "decree" means the formal expression of an adjudication which, so far
as regards the Court expressing it, conclusively determines the rights of the parties with regard
to all or any of the matters in controversy in the suit and may be either preliminary or final.

8. Meaning of Judgement  a judgment is a decision of a court regarding the rights and liabilities
of parties in a legal action or proceeding.

9. Difference B/w Plaint and Plaintiff  the plaint is filed at the beginning of every case. The
plaintiff is the person who submits a plaint. A plaint is a sort of petition that contains specific
accusations against the defendant, such as that the defendant has interfered with the plaintiff's
rights.

10. Contents of Plaint  Rule 1 to 8 of Order VII of CPC, The plaint contains essential details,
including the parties involved, facts giving rise to the cause of action, the relief sought and
jurisdictional information. It helps define the scope and purpose of the lawsuit and provides the
court with the necessary information to proceed with the case.

11. Meaning of Written Statement  A written statement ordinarily means a reply to the plaint filed
by the plaintiff. It is the pleading of the defendant. Order 8 of the Code of Civil Procedure, 1908
(CPC) contains provisions in relation to written statement.

 Rule 1, Order 8 – Written Statement

 Rule 2, Order 8 – the defendant must raise by his pleading all matters which show the suit
not be maintainable
  Rule 3, Order 8 – defendant must deal specifically with each allegation of fact of which he
does not admit the truth
 Rule 4, Order 8 – defendant denies an allegation of fact in the plaint, he must not do so
evasively, but answer the point of substance.
 Rule 6, Order 8 - defendant may, at the first hearing of the suit, but not afterwards unless
permitted by the Court, presents a written statement containing the particulars of the debt
sought to be set-off.
 Rule 6B, Order 8 – Counter claim to be stated in Written Statement

12. Who is Defendant  All persons, against whom right to relief in respect of an act or transaction
or series of acts or transactions, accrues in favour of the Plaintiff in a suit may be joined as
Defendants.

13. Difference B/w Substantial Law and Procedure Law  the Substantive Law is a statutory law
that defines and determines the rights and obligations of the citizen to be protected by law.
Procedural Law or Adjective Law deals with the enforcement of Law that is guided and
regulated by the practice, procedure and machinery.

14. Difference B/w Settlement and Lok Adalat  The Lok Adalat shall not decide the matter so
referred at its own instance, instead the same would be decided on the basis of the
compromise or settlement between the parties. Whereas, a compromise or agreement
between litigants to settle the matters in dispute between them in order to dispose of and
conclude their litigation.

15. Negotiation and Negotiable Instruments  a negotiable instrument is a signed document that
promises a payment to a specified person or assignee. The process of parties bargaining in
an attempt to reach an agreement.

16. Meaning of Lease  A lease is a legal, binding contract outlining the terms under which one
party agrees to rent property owned by another party.

17. Essential elements of Gift Deed  (a) transfer of ownership, (b) property either movable or
immovable, (c) transfer without consideration, (d) transfer must be voluntary, (e) acceptance,
(f) present property, and (g) donor must be major and person of sound mind.

18. Kinds of Evidence  (a) Oral Evidence, (b) Documentary Evidence, (c) Direct Evidence, (d)
Circumstantial Evidence, (e) hearsay evidence, (f) primary evidence, (g) demonstrative
evidence, (h) opinion evidence, and (i) testimonial evidence.