How to draft a good moot court memorial?

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Step-by-step guide
/ Law Assignment Help / By legalupanishad
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Introduction
The very first introduction to what a court looks like is experienced by law students in the
college through moot courts. One gets to experience how one needs to present
themselves address the bench and interact with their adversaries.
One gets exposure to things like framing an argument, making submissions in court, and
much more.
Moot court is the mock version of what a real-life courtroom looks like. One learns how to
draft various petitions, arguments, memos, court memorials, etc.
One of the keys of the moot court is where students learn skills such as writing,
researching, argumentative skills, critical, analytical skills

What is a moot court?

Set in a very similar setting, a moot court is a mock version of what a real court looks like.
The moot court offers the students a platform to test their legal knowledge and skills in
front of a panel acting as the bench.
Unlike actual court proceedings, the moot court does have witnesses or submissions of
evidence.
It is based on a hypothetical scenario to test the knowledge of the students in terms of
the application of law to real-life scenarios.
Importance of Moot Court for Law Students in India
What is a moot court 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.
The cases assigned in moot court are usually matters which are either imaginary cases or
those cases which are already adjudicated.

Contents of the Moot Court Memorial

A moot court memorial will contain the following. The arrangement is to be as follows-
Cover page

The rules may vary as per the organizing committee as per the format and the
information to be mentioned. In general, the following things should be mentioned:
 The introductory page of the memorial contains the name of the court in
front of whom the matter is presented.
 The title of the competition (national/regional)
 The name of the case.
 On behalf of whom the memorial presented is also to be mentioned such as
whether it’s the petitioner or the respondent.
 The cover page is presented in two different colours which allow for
identifying who is the plaintiff/petitioner from the defendant/respondent.
The blue colour is used by the plaintiff/petitioner and red for the
defendant/respondent.
Since it is a competition, you will be assigned a team code which is to be mentioned in the
top right corner of the cover page.
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List of abbreviations

This contains all the abbreviations along with their full form which is used throughout the
memorial, and it also includes the footnotes.
Table of content

It represents a systematic order in which the content of the memorial is mentioned. It

reflects the titles and headings on each page along with their respective page numbers.
Index of Authorities

This is the list of authorities that you have referred for the case assigned. It includes a list
of cases cited, reports of the law commissions, books referred to, parliamentary debates,
commentaries, and other materials used to support the contentions made in the
memorial.
Statement of jurisdiction

It explains the nature of the matter whether it is a civil suit or petition and the court
before which the matter is pleaded. E.g., “In the Supreme Court of India” right under this
heading you need to mention the kind of matter it is- Writ Petition “WP (1) of the 2022”.
Statement/Synopsis of the facts

This is part of the memorial which explains the standing of the party being represented. It
is important that in the synopsis only relevant facts in a concise manner should be
presented. It should not exceed more than two pages and should mention only the given
facts that support their case.
Statement of issues

In this section, a short introductory statement explains the legal contentions involved in
the case. The arguments are based on the statement of issues framed and should be
phrased in a manner starting with “whether” further explaining the issue in question.
Summary of the arguments

As the heading suggests, it should be a brief of the arguments made in the matter. It
should only mention the issues being raised. The explanation for these arguments is
presented in the next heading.
Arguments/Pleadings

This is the ground where the participants are allowed to express their creativity and
understanding of the laws and precedents. This is where all the research work is done,
and the knowledge gained through the same is expressed. It is where you get a chance to
convince the judges by explaining your contentions on the issues raised. Just like in a real-
life courtroom.
Conclusion/Prayer

This is the final section of the memorial, in this, the parties are to submit what remedy or
relief they are seeking from the court. One can claim more than one relief in this manner.
At the end of the prayer, the counselors should sign the memorial.

How to draft a moot court memorial?

A court memorial is the first piece of document that the jury interacts with, so it is
pertinent for the teams to draft the same in a persuasive manner while keeping the
format and these underlying guidelines in place.
First step–

The first step is to read the proposition assigned to get a good grasp of the issues and
laws applicable. This will not only allow understanding of the problem better but will also
aid in framing the issues.
Second step-

Conducting research is the second step. It is based on the issues which are framed after
reading the assigned proposition. To conduct the research, one can start with the
materials in the college library and then can look them up on the internet using paid or
free websites.
It is prudent to have a research plan formulated i.e have a starting point based on the
reading done and proceed with the same.
As it is easier to get lost in the sea of information without having an idea as to what
exactly is one looking for.
Third step–

Make a rough draft, now this will allow you to eliminate the unnecessary elements which
may have been accumulated during the research process.
Fourth step–

The actual draft should contain a summary of the facts and a statement of jurisdiction.
This step is when one drafts the actual memorial keeping in mind all the steps mentioned
above and to make to include only relevant facts and arguments which are related to the
case.
It’s important to note that while drafting the memorial the terminologies should be used
in a proper manner to address the panel. E.g.- “Most respectfully showeth” and “It is
humbly submitted that”.

Suggestions
It is important that one always walks in well-prepared when presenting in a moot court.
Following are a few suggestions that can be considered when drafting a moot court
memorial:
1. Research and read well, along with the moot problem it is important to
know everything around it as well.
2. Re-check the memorial by going through it well. Keep in mind that factors
such as font size and style, line spacing, headings, and grammatical errors
all account for the overall marking in the moot court.
3. Pay attention to citations, and cite them in the given format uniformly in the
footnote. Some formats are – Bluebook edition, OSCOLA, SLIC, etc.
4. Address the bench in the appropriate manner such as “Your Lordship/
Ladyship” instead of Sir or Ma’am.
5. Seek permission from the bench before presenting the matter.
6. Be clear and concise when presenting the arguments and adhere to the
time allotted.
Conclusion
As quickly as you can, you should start writing your moot court memorial. Literary a
successful memorial requires both writing skills and subject matter knowledge. Each
participant must provide their all into creating an engaging moot court memorial.
Each participant must give it everything they’ve got to produce a powerful moot court
memorial. The kids learn how to tackle a problem and work through it to completion but
winning and losing are not the most significant lessons they take away from the
competition. Along with improving your capacity for quick thought, the experience also
helps you to hone your research and public speaking skills.

Drafting of Moot Court Memorial and

Framing of Arguments
 Post author:Manik Tindwani
 Post published:8 December 2023
 Post category:Articles / Moot Court
 Post comments:2 Comments
 Reading time:10 mins read
The memorial is the most critical component of any moot court competition. It reflects the depth of your
research, the strength of your arguments, and the overall quality of your advocacy skills. Drafting a
compelling memorial while also framing solid legal arguments is no easy feat. It requires diligence,
attention to detail, creativity, and immense practice. This blog post breaks down the vital aspects of
drafting exceptional memorials and framing winning arguments to help you moot with utmost
confidence.

Also Read: 12 Steps to Win any Moot Court

Perform Extensive Research in Parallel with Drafting
Research and drafting for a moot court go hand-in-hand. You cannot draft arguments in isolation
without backing them up with substantive research. At the same time, you cannot endlessly research
without using those findings to build your arguments. Hence, researching and drafting become an
integrated parallel process.

How to draft a Well Structured Argument?

Refer to the IRAC method to develop well-structured arguments:

I – Issue/s to be Addressed

R – Supporting Research

A – Legal Analysis of Research

C – Conclusion/s Derived

The research component would include:

 Relevant Legal Provisions: Cover all relevant sections from the primary legislation along
with connected subordinate legislations.
  Judicial Precedents: Find at least one precedent that supports your arguments on a
particular issue. Analyze the factual matrix and legal reasoning behind the order/judgment.
 Supplementary Materials: Include commentaries, law commission reports, journal articles
etc. to strengthen your arguments.
 Factual Evidence: Use the facts provided in the moot problem to back your application of
legal provisions to the specific case.
Ensure your research materials align with and reinforce the arguments. Any superfluous information
will only obscure the length. Hence, stay focused on the relevance and quality of research rather than
the quantity. Review one source at a time instead of tackling multiple materials together.

Craft “Killer” Arguments

Merely researching without applying those learnings to build arguments will not win you the moot. The
distinguishing factor is how ingeniously you frame your legal contentions. Your arguments must
display exemplary legal acumen to demolish the opposition. The hallmarks of crafting “killer
arguments” include:

 Fortifying Your Case Theory: Structure arguments that ardently promote your client’s case
theory across diverse factual considerations. Address the main issues from every dimension.
 Defending Against Opponent’s Case Theory: Anticipate potential arguments the opposite
side may present and make counter-arguments to eliminate their case theory’s effectiveness.
Think from both sides of the matter.
 Eliminating Loopholes: Assess your own arguments objectively from the opponent’s shoes
to identify gaps that can get exploited. Accordingly, fortify your arguments and eliminate
every minor loophole.
 Grounding in Facts and Laws: Avoid making bald assertions in your arguments.
Substantiate every contention with factual evidence from the moot problem and legal
backing from research materials.
 Attacking Opponent’s Assumptions: Sharpen arguments that challenge the underpinning
assumptions and perceived weaknesses in opponent’s case theory to deliver a fatal blow.
Winning Rebuttals
The rebuttal/sur-rebuttal round provides the last window to demolish the other side’s case theory.
Prepare winning rebuttals beforehand by:

 Finding Legal Loopholes: Scan their application of legal provisions to spot inaccuracies
you can capitalize on.
 Challenging Factual Exactitudes: Refute their interpretation of facts from the moot
problem to create doubt.
 Targeting Vulnerabilities: Determine the weakest points of their arguments and direct your
rebuttals to discredit those links.
 Undercutting Legal Reasoning: Critically analyze how they reasoned through various
issues to expose faulty derivations.
A compelling rebuttal that decisively breaks down the opponent’s arguments can clinch you the win.
Hence, invest significantly in crafting impactful sur-rebuttals.

Cite Judiciously
With memorials often stretching over dozens of pages containing extracts from various secondary
sources, diligent referencing and citation become imperative. Plagiarism can attract grave penalties.
Follow these citation best practices:

 Use Citation Tools: Platforms like Zotero, Mendeley, and Monica help quickly generate
citations and bibliographies in accurate formats. They enhance efficiency and minimize
errors.
 Cite Ideas: Place citations whenever presenting a contention, data, reasoning, etc. inspired
from an external source, even when not quoting verbatim. This sufficiently credits ideas to
avoid plagiarism allegations.
  Follow Style Guidelines: Stick to the style mandated for citations and footnotes as per
competition guidelines, whether Harvard Bluebook, ILI, OSCOLA or any other. Observe
consistency.
 Identify Verbatim Texts: When quoting word-to-word, place the extract in quotation marks,
italicize it, and adjust the spacing to differentiate.
In toto, cite judiciously by acknowledging borrowed ideas/words with citations positioned optimally to
disrupt the reading flow minimally.

Structure Preliminary Pages

The starting pages preceding the arguments set the first impression about your memorial’s structuring,
quality and depth of research. Spend time perfecting the following components:

 Cover Page: Contains team details, party represented and case title aesthetically presented.
Adhere to specifications on font, spacing, margins etc.
 Table of Contents: List section headings, sub-headings and page numbers in a neat tabular
format for quick navigation to arguments.
 Index of Authorities: Compile all referenced authorities like case laws, statutes, books,
websites etc. alphabetically.
 List of Cases: Separately list cases cited also in alphabetical order along with citation
particulars.
 Statement of Jurisdiction: Specify the basis of conferring jurisdiction to hear the dispute,
like writ petitioner under Article 32 or 226 etc.
 Summary of Arguments: Provide a tight recap of the case theory and key arguments
advanced, within the prescribed word limit.
 Arguments Advanced: Write detailed issue-wise arguments under this head with proper
IRAC Content and citations.
 Prayer: Prepare the ideal reliefs and directions sought by your side after concluding
arguments.
These sections demonstrate your attention to detail, research depth and aids user-friendly access to the
arguments. Hence, perfect them.

Proofread & Refine Iteratively

Typos, formatting defects, ambiguous content or stunted analysis can severely undermine all your other
efforts. Allocate time for iterative rounds of proofreading and refinement focusing on:

 Logical Progression: Assess if arguments follow in cogent chains applying IRAC

consistently.
 Grammar and Syntax: Scan for errors in sentence formation, punctuation misuse, syntax
accuracy.
 Citation Perfection: Verify citation formats, precise positioning and linkages with verbatim
quotes.
 Formatting Consistency: Review document aesthetics like spacing, indentations, headings
format etc. comply with guidelines.
Additionally, run the draft through plagiarism tools, peer reviews and seek feedback from coaches.
Thereafter, use the inputs to bolster research and sharpen arguments until you have a polished set of
compelling arguments encased in an impeccably formatted memorial.

Conclusion
Drafting arguments and memorials is central to putting up a winning performance. Follow a structured
approach sticking to the IRAC format while extracting the most pertinent research materials to build
solid arguments. Craft forceful, loophole-free arguments addressing issues multidimensionally to
advance your case theory firmly. Frame pre-emptive rebuttals and conclude memorials sharply. Finally,
intensify the memorial’s strength through rigorous refinement and proofreading cycles for optimal
impact. Adopting these strategies will undoubtedly perfect your memorial drafting proficiencies to help
you moot with utmost confidence and success!