A. P. LEGAL SERVICES PVT. LTD.
Legal Empowerment through Professional Excellence

“In my Youth”, said his father,’I took to the Law’

  And argued each case with my wife;

  And the muscular strength which it gave to my jaw

  Has lasted the rest of my life.”

     - Lewis Carroll in a poem called You Are Old, Father William in his book Alice's Adventures in Wonderland (1865).

• The Socratic method
• Straight lecture
• High-tech method
• The hybrid model
• The problem method

• An Extracurricular Activity at Law Schools
• Simulated Court proceedings
• Include Drafting Briefs and Oral Arguments
• mock hearing of a point or points of law conducted by students
• Students   argue tricky hypothetical legal issues before academic or professional lawyers
• Judges may be real ones
• Different from Mock trials where questions of fact are argued

• Moot court usually   concerned with questions of Law only
• Mock trial  usually refers to a simulated trial- concerned with questions of facts/evidence only
• Moot court does not involve actual testimony or presentation of evidence
• Moots-focused solely on   application of law to  common set of evidentiary assumptions
• The moot argument is on the law, not on the validity of any factual evidence [The facts of the case are not in dispute ]

• Mooting encapsulates essential skills of lawyers
• Improves Student’s   ability to argue a point cogently and persuasively
• Hones and develops the techniques that bring success to both student and practitioner
• Extremely stimulating
• Gives hands on experience of law to students

• An analytical mind
• Capacity of a good researcher
• Up-to date knowledge of Law
• Building a convincing structure of presentation [One good authority is better than six mediocre ones, and is more likely to impress ]
• Skill to make Submissions with Common sense, ability to consider the matter from the point of view of the judge, and a facility with language [Put yourself in the judge’s shoes ]
• Anticipating questions and being ready to provide authority for your submissions

• First  - Read the problem carefully, summarise it, & identify area/ areas  of law the problem deals with. E.g. Constitution/crime / tort / property / contract / employment law.

• Second  - look for the area in a law textbook, read relevant chapter / section on it, & identify relevant cases. Use the most up to date version of any textbook.Double check to see whether any more recent cases have affected the legal position.

• Third  -  Identify arguments & points in your favour & also against you. [Be prepared to argue on any side- Prepare for Rebuttals and surrebuttals]

• Fourth  - split the work between the two mooters [work together and have a working knowledge of each others' arguments ]

• Support your  argument with Authority ,Reason and logic

• Authorities can be Decisions of the Supreme Court, High Courts ,judgments in other jurisdictions based on common law, Quotations from learned articles and textbooks, and  Parliamentary debates

• While quoting foreign cases- It may be prudent to introduce the case by saying 'although not binding on this Court it may be of assistance to examine the judgment in...'

• Always keep up eye contact with the judge, and watch for signals from him or her

• If you cannot answer a question, say so. [You can say-'My Lord, I am unable to assist on that point, since I have not read the relevant authority' or ‘I plead ignorance’]

• Fifth  -Address the Judges Properly: My Lord(s)/Your Lordship(s) .Use My Lady/Your Ladyship only after ascertaining preferences of lady judges.
• Sixth  -Address Opposite counsel as 'My Learned Friend(s)' or 'My Learned Friends Opposite'. Also appropriate is 'Lead/junior counsel for the appellants/respondents‘.
• Talk to judges, not at them.
• Ask the judges permission at various stages of the speech: 'With your Lordship's permission I would like now to...'
• Give   full citation of a case as soon as it is mentioned, and the advocate should always ask the judge if he/she would like a summary of the facts of the case.
• Follow the Dress Code

• 'My Lord, I am ……, and this is ….. We are counsel for the appellant, ….., who is the claimant in this case

• Always Start with – May it please this honourable court/your lordship

• Initially ask the judges-'Would your Lordship like a brief summary of the facts of this case?'

• Distinguishing the case

• Proving the law invoked as irrelevant/repealed/amended.

• Don’t exceed time limit [realize importance of time management-keep an eye on the clock]
• Don’t read from written memorials
• Don’t quote any text/judgment without permission from judges
• Don’t call opposing mooters as 'the opposition' and certainly not 'the enemy' or 'them over there'
• Avoid colloquial phrases, such as 'Okay' and 'All right' [say 'I am grateful for your Lordship's assistance']
• Never tell the judge what you think, suppose or suggest. Don’t question the judge.
• Don’t sit  while the judge talks to you - always stand up when either the judge talks to you, or when you talk to the judge
• Don’t talk  over the judge - never argue or talk over the judge. Wait until the judge has finished before putting forward your own points

• Table of contents
• Index of Authorities (including corresponding page numbers)
• Statement of Jurisdiction
• Statement of facts
• Identification of issues
• Summary of Pleadings
• Pleadings including Conclusion and/or Prayer for Relief

• Size of Memorials/Counter memorials-not more than 25 pages
• Typed/printed on standard A4 size paper on one side only
• Font- Times New Roman (12) or Arial(11)
• Text-double spaced with one inch margin on both sides
• Foot Notes-single spaced and size 2 points less than text
• Double spacing must between each heading in text of memorial  and between two separate footnotes.
• Quotations of sources outside memorial of 50 words or more-shall be single spaced
• Table of contents, index of authorities and case title-not included in the 25 pages typed/printed page limit
• Colour of title page – Blue in case  petitioner/appellant & Red in case of respondent/respondent

• Knowledge of Facts
• Application of Law
• Substance in Arguments
• Skills of Advocacy & Articulation
• Use of Appropriate Authorities & Citation
• Court Manners and General Impression
• Written Memorials

http://www-camlaw.rutgers.edu/moot-court-competitions(Rutgers-Camden Moot Court Competition page )

• If you are a keen mooter,you are certainly going to be a successful lawyer

• Mooting –a great leveler (you will rise above language & regional barriers)

• Remember “Father William”