Studying at Law School gives me some insight how the Mooting (Moot Courts) work. Hence I share the same.

A moot is a co-curricular activity at majority of the law schools in which the participants take part in mock trails which usually consist of extensive research, drafting of memorandum (AKA Memorials/written submissions) and oral arguments, and such an activity is called mooting.

Overview:

The topic of the moot Court shall be anything ranging from the municipal law to the international law. The Court for the same is likewise or as decided by the hosts of the competition. A moot is team activity which generally consists of a researcher and two oralists' (mooters). There are at least two judges and may differ as per the norms of the competition. The judges of various Courts or advocates are called upon to be the judges in such competitions. A researcher is the person who does not present the case in front of the judges but may pass chits (if permitted) to help the oralists’ when he/she is presenting the case. Some competitions may conduct researchers’ interview. All the three members undertake extensive research not only on the topic of the moot problem but also on the topics related to the moot problem. For instance, if the moot problem talks about transfer of property through sale, then it is expected that the team is aware about the Court fees paid in such cases.

How it Works?

After the participant has taken part in the moot, a hypothetical situation known as moot problem (AKA Fact Sheet) is given to the participants. Usually, the participants are supposed to prepare memorials and argue from both the sides, that is to say, preparing written submission and arguments from the applicant’s/plaintiff’s/petitioner’s/appellant’s side and from the respondent’s/defendant’s side.

The moot Court revolves around the question of law rather than question of fact. For instance, the moot problem is about rape (Section 375, 376 of Indian Penal Code, 1860), then the act of the persons or situation of the moot problem will NOT be questioned but whether that act or situation constitutes as a rape shall be the issue of the case i.e. question of law will be discussed.

In moot Courts, there is no presentation of evidences and statements of witnesses. It can be said that moot Courts are like the final arguments or summary arguments of real Court. The participants need to present their case which is in the best interest of their side of representation. For this the participant shall take help of provisions of law, books, journals, national and foreign case laws (precedents), obiter dicta from various case laws, opinions of eminent jurists, authentic statistical and other reports, published articles, web sources and so on.

After the research work is complete the participants draft the written submission. It generally includes the following:

•          Cover Page
•          Table of Contents
•          Index of Authorities
•          Statement of Facts
•          Questions Presented
•          Summary of Pleadings
•          Arguments Advanced
•          Prayer

Generally, the judges awards marks on the basis of interpretation of facts, understanding of law and procedure, reasoning, use of authorities, presentation and articulation etc. The oral arguments are time bound to be distributed among the mooters. The judges may screw the mooters and they should be prepared to answer very farfetched questions which may not be related to the moot problem. Some competitions may also have rebuttal rounds.

HAPPY LEARNING...!