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MOOT COURT GURU

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A Moot Court is an extracurricular activity at the law schools in which participants take part simulated court proceedings, which usually involves drafting memorials or memoranda and participating in oral argument.

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It is a Tool to excel in future as an Advocate.

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Don’t Be Afraid of Mooting first of all……………………..

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Okay. So your first question must be that how to begin and where to begin?

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Before we start let’s assume that you must be a Law student and you are well aware about the rules of precedents, citations, how to use library and how to apply law. If not! Then, you’ll need to read books on the basics of English law before you start mooting, such as the excellent Learning Legal Rules orGlanville Williams’ Learning the Law. How to use a Law Library by Jean Dane and Philip A Thomasis also useful to refer to.

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  • Start with Drafting Memorial

  • Familiarize yourself with the statutes and cases noted in the record.

  • Examine the lower court’s reasoning and critically analyze their ruling. Look for errors in the court’s argument. 

  • Understand the grounds for appeal and understand the arguments that were raised in the court below.

  • Remember that nothing will destroy your credibility more than a lack of knowledge of the facts or the use of incorrect facts.

  • Formulate a research plan. Make lists of sources read, make copies.  Highlight relevant cases and statutes, and mark why they are important. 

  • Do not shortcut your research.

  • Stay focused.

  • Never cite a case in your brief unless you have read it in its entirety and understand it thoroughly.

  • Work out the Jurisdiction

  • Identify the issues from the problem

  • When writing your argument, aim for succinctness and clarity. Make sure, however, to use formal language.  Avoid colloquialisms and abbreviations. 

  • The best briefs will argue facts and the law, as well as policy. Do not ignore what is against you. 

  • Use quotations with restraint

  • For greater impact, keep statements in the affirmative

  • Proofread again and again.

  • Supporting an Argument with Authorities, Logic and policy argument.

  • Citation errors, Legal or Logical error , Concentrate to details in the memorial, make it look great

  • Divide the work

  • Always address the judges or Bench as “your Lordship” or “My Lord” or “Your Excellency’s”.

  • Know the arguments and counterarguments

  • Read the facts and argue from both sides

  • The facts of the case are not in dispute

  • Court Etiquette

  • Put Together the Speech

  • Know the arguments and counterarguments

  • Read the facts and argue from both sides

  • Speak slowly.

  • Do not come to a round with a fully prepared speech to read

  • Brainstorm a list of potential questions

  • One technique that some have found helpful is to create several brief sheets to prepare

  • Try to relax and to engage the judges

  • Make sure you know and understand the case, the facts, and the law

  • Know the arguments and counterarguments

  • Read the facts and argue from both sides

  • Speak slowly.

  • Do not come to a round with a fully prepared speech to read

  • Brainstorm a list of potential questions

  • One technique that some have found helpful is to create several brief sheets to prepare

  • Try to relax and to engage the judges

  • Make sure you know and understand the case, the facts, and the law

  • The facts of the case are not in dispute

  • Court Etiquette

  • Thanking people is always a good idea, even if you would rather throttle them!

  • Another point to remember is that your role is to assist the judges in their decision making

  • Putting Together the Speech

  • Stop speaking immediately when a judge asks a question

  • Never interrupt a judge as he or she is asking a question

  • Do not make your claims too broad.

  • If possible, pause and break your answers down

  • Use concrete examples or analogies when possible

  • Make use of nonverbal communication skills.

  • Do not ask questions of the judges

  • Look at a judge’s questions as communicating to you what he or she is thinking.

  • If you don’t know the answer of the question raised by the judges then you will say “ Your Lordship the Counsel pleads your ignorance” and if given wrong answer or said something wrong then you will say “Your Lordship the Counsel apologizes”

  • Have a short closing statement memorized

  • Avoid overuse of hand gestures

  • Be aware of fidgeting with your hands, tie, pockets, skirt

  • Do not point at the judges

  • Do not use a pen to point or hold it in your hand; it will only distract.

  • Do not pace.

  • Make eye contact with the judges.

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Mooting Resources

Mooting Class by Deeksha Sharma

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