Acing The Art

Of
MOOTING
Merli ne
Mat hew
WHAT IS MOOT COURT?
A Moot Court Simulates A Court Hearing
In Which Participants Analyse A Problem,
Research The Relevant Law, Prepare
Written Submissions, And Present Oral
Argument.

Moot Court combines the best of both worlds—

persuasive written and oral advocacy!
3 KEY SKILLS TO DEVELOP-

Research

Drafting

Argumentation
PRELIMINARY STRUCTURE OF A MOOT PROBLEM

STEPS Preliminary Facts

Main Facts
Reading the Cause of Action
Legal Discourse Taken
Moot Problem Arguments of Parties In Lower Court-
Lower Court Decision-
Framing Details of Appellate Court-

Issues
 Note down the following after reading the Moot
REPEAT Proposition
READING
OF FACTS Nature of Suit
IS A MUST Jurisdiction
Identify parties
Identify the Area of Law focused in the
problem:
E.g.: Constitutional Law, Tax Law…

Prepare a summarized flow chart for easy

reference
Arrange facts in chronological order
FRAMING OF
ISSUE
• Points on which parties don’t agree or are in dispute.
• Plaintiff and Defendant can take different issues also.
But,
• If an Appeal, the Lower Court’s reasoning and conclusion should
be included as issue.
• Also in such cases both parties must have common issues.

E.g. Whether the writ petition under Art. 32 is maintainable?

Whether the restriction on woman from entering Sabarimala
temple violates Article 21and Article 25 of the constitution?
 PRIMARY SOURCE OF LAW
V.
SECONDARY SOURCES OF LAW
 1. Have a FIND OUT The RELEVANT LEGISLATION that are
applicable:
discussion among Constitution
team members Legislations of Central , State Government
generally Order, Notifications… if any

International treaties, conventions…

2. Note down the preliminary E.g. UDHR, UN Charter, ICCPR
ideas and points coming.
LOOK FOR RELEVANT CASE LAWS

3. Whether any contemporary Supreme Court judgments( from Recent ,landmark decisions
to be prioritized)
issue?
High court decisions( as the case may be)
4. Whether any recent Foreign Court decisions dealing with the exact question of General
judgments? law. principles of
law, maxims,
Always ensure it is not overruled, is binding,… interpretation
5. Read articles and basic write
RATIO DECIDENDI, OBITER DICTA of statutes
ups to get an idea?
 ISSUE: Whether writ petition under Art 32 maintainable?
Example • Read Art 32 of constitution
• Read about maintainability
 Locus standi
 Fundamental Rights violation
 Whether State under Art 12?
• Find out case laws on maintainability and each point
KEY WORDS : “Maintainability” AND “ Writ Petition”
• Read the judgments and analyse how the case is similar or different from the facts of Moot
problem.

ISSUE: Whether A committed Murder of B?

 Ingredients of Sec 300
 Mens Rea
 Defences available( grave sudden provocation, private defence
 Case laws on these points
• Arrange you research materials in order you want to
place in memorial or arguments.
• Always note down the source and time accessed to
be used in citation or footnotes.
• Always keep researching till the end of
competition!!!
DRAFTING A
MEMORIAL
Read rules and instructions of the
Organisers
Note down colour of Cover page
Page limit
Formatting guidelines
Citation style( Bluebook…)
Avoid Plagiarism
PARTS OF A MEMORIAL
Cover Page Summary of Facts
Statement of Issues
Table of Contents
Summary of
Index of Authorities
Arguments
List of Abbreviations Arguments Advanced

Statement of Jurisdiction Prayer

ARGUMENTS • Give an introduction to issue in 2-3 sentences
•
ADVANCED •
State what is the rule, i.e., The provisions of Act or of
Constitution…
Apply the Rule to present facts
• Give an analysis of it.
• Support with relevant case laws .
• Give a proper concluding line to submission.
IRAC
I- Issue • Arguments to be written in Active Voice
• Check Citation styles in footnotes
• If quoting relevant para of Judgment, the in Italics.
R- Rule • Read award winning memorials to familiarize with style to be
followed:
A- application E.g. “It is humbly submitted that”
“The Counsels for petitioner contend that”
C- conclusion “Applying Judgment of Hon’ble Court in ----------- to the
present case”
 PRAYER
• State the relief claimed.
• In most cases you can refer to issues framed for prayer.

E.g. In the light of Arguments advanced, Authorities cited and facts

enlightened, we the counsels on behalf of petitioners humbly submit before
this Hon’ble Court that:
 The writ petition filed under Art.32 of the Constitution is maintainable.
 The Parliament lacks legislative competence to enact The Hindu Places of
Public Worship (Authorisation of Entry) Act, 2018.
 The impugned act violates Art.14, 15 and 25 of the Constitution.
 Thus the impugned act is unconstitutional and is to be declared null and
void.
And whatever this Hon’ble Court deems fit and proper with its virtue
and visa of justice, equity and good conscience. 
All of which is respectfully submitted on behalf of
 
The Petitioner
COMPENDIUM: Compilation of all legal authorities
used in memorial

 Take print out of all authentic materials that you refereed in memorial, like legislation,
case laws
 Download from authentic sources like Manupatra, SCC, E gazette
 Mark page number
 Flag them for easy reference EXPERIENCE IS
 Spiral all THE BEST
TEACHER
 ORAL
ROUNDS
PRACTISE ORAL ROUNDS
Know speaking time and divide
FROM DAY1
• Helps boost confidence time among speakers accordingly
• Points for research will be
 Must decide order of presenting
known
• Clarity about what is /is not PREPARE A
an issue TRANSCRIPT/SPEECH FOR
• Will understand if approach is
ORAL ROUNDS.
wrong
• Room for corrections COURT MANNERS NOT A
DEBATE
• Will get idea about possible
questions
RIGOROUS PUTTING
THOROUGH ARGUMENTS
RESEARCH WELL
KNOWLEDGE WITH
OF LAWS DRAFTED AUTHENTICIT
AND LEGAL MEMORIAL Y&
PRINCIPLES CONFIDENCE

THE RIGHT Ace

Mooting
ATTITUDE