Often Confused with debating, Mooting is a specialized application of the art of persuasive advocacy, even though it shares certain comparable characteristics with debating. It has been used at law schools for centuries as part of the process of preparing students to become litigators, and hence plays a significant role in legal education. This article aims at highlighting how mooting as an activity works and how to get started. Keep Reading!
A moot court is an academic or curricular activity in which students "try" a legal matter in front of an appellate court. This is not to be confused with a mock trial, in which students present evidence to a judge before a particular trial court. In a civil case, to try facts is to determine if a party, such as a company, is accountable for action or if a party, such as the government, has exceeded its authority or broken some civil law.
What is the main difference between a mooting competition and a mock trial exercise?
A Moot court competition replicates the setting of an appellate court. On the other hand, mock trials usually allow students to practice lower-court trials. They represent a party, prepare a case for trial, and try the case before judges, who are usually law professors, and even from the judiciary. While a mock trial involves the whole, exhaustive trial procedure from start to finish, moot courts only involve a single oral argument for each side, plus a rebuttal for the petitioner.
Structure
A moot court is a mock court that debates the legal issues presented by a hypothetical case in a fictitious courtroom environment. The moot normally has five participants, but there could be as many as seven. Each team includes two or three members, i.e. the team composition for the competition shall consist of either two individuals (designated as Speakers) OR three members (two of them as Speakers and one as a Researcher) (two of them shall be designated as Speakers and one Researcher). In the event of illness or other unforeseen circumstances, the Researcher may be allowed to argue as Speaker, although the agreement of the Moot Court Convener is required.
Through mooting, participants analyse a moot problem, research applicable law, prepare written submissions, and make oral arguments in a moot court competition, which simulates a court hearing. Moot problems are usually set in areas of law that are still being worked out or have just been modified or amended. They typically entail each side arguing two grounds of appeal. The judge arrives, the participants and the judge greet each other, the clerk announces the issue, the participants make their appearances and are then called forward in turn to offer their submissions, the judge asks the participants questions, the court adjourns, and the judge returns to deliver a brief ruling and also provides some feedback to the participants.
Currently, Indian law schools have an increasingly active mooting culture. Most law schools have their mooting contingent, where new students are added every year through intra-mooting competitions or some other selection parameters. Some of the leading national and international mooting competitions include:
National Mooting Competitions
Leading International Mooting Competitions
Preparation before Oral Arguments
- Examining the Moot Problem
The Moot Problem is a problem consisting of 5 to 15 pages that lay forth the case's indisputable facts and explain the lower courts' rulings and reasoning. Two categories of information stated in the problem must be given specific attention by the participant: procedural facts and historical facts. Procedural facts are crucial because they describe the procedure by which the case progressed from lower to higher courts. Judges in Moot Court often like to put participants to the test on their procedural knowledge of the matter they're arguing, so knowing the procedural facts is extremely essential.
Participants must read the cases listed in the moot problem, as well as the cases cited by those cases. The participant will obtain a greater grasp of how the relevant legislation has evolved, the arguments and various public policy reasons that led to the law, and the present condition of the legal issues through reading cases on the subject. Certain legal norms will become obvious to the participant as a result of his or her actions. The cases will serve to flesh out the most essential legal norms, allowing the advocate to have a better understanding of the most crucial aspects and legal concerns.
Every moot has two parts: an oral submission and a written submission. A moot memorial is the written submission of a moot. The Memorial is to be submitted before the Moot Court Competition, wherein teams produce written arguments, and during the Competition will present oral pleadings based on the written memorials. It's worth noting that they can move beyond the scope of their memorial.
The Cover Page includes the moot court title and your college name, the title of the competition, the name of the case law, and the team code. In general, petitioners/plaintiffs/appellants are blue, while defendants/respondents are red.
It offers a rundown of the Memorial's chapters and paragraphs. Page numbers are also supplied for the judges' convenience.
All materials that support your claim must be included here. The supremacy of the Supreme Court and the High Courts, as well as international rulings, rules, parliamentary decisions, papers, course readings, diaries, and websites, are all mentioned.
It includes all of the acronyms, such as AIR (All India Reporter), SC (Supreme Court), V (Versus), and so on. Each abbreviation should convey the complete meaning, and the same abbreviation should be used throughout the Memorial.
Sources include the article, case laws, textbooks, Parliamentary debates, and website also whatever reference given in the moot has to be mentioned in the Memorial.
- Statement of Jurisdiction
A statement of the jurisdiction of the court where the petitioners have filed the lawsuit is known as a Statement of Jurisdiction. It's critical that information is provided and that it's correct for the case's long-term viability.
- Statement of Facts/Synopsis of Facts
A brief summary of facts has to be produced before the Judge in written form. They must be reflective of the facts presented in the case.
All the issues are to be written down in logical order. It should begin with ‘whether’ and end with a question mark.
The summary of arguments is based on the statement of issues. This is a short abstract of conflicts subject to the issues raised. The facts, laws, and analysis are presented and structured in a logical manner that supports the argument being presented. This is a summary of the disputes that have arisen as a result of the problems presented. It must shed further insight into the case and advocate the legal approach of the team.
- Guidelines on How to Argue
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Engaging with the bench is crucial. This demands you to use a variety of abilities, including maintaining eye contact with the judge, speaking at a suitable level and tempo, replying to questions directly and properly, and keeping the judge's attention. It is fundamental to remember that, a participant must never interrupt a judge while they are talking.
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It is completely normal and acceptable to ask the judge to repeat a question, if you are unable to comprehend it or understand it, and also let the judge know that when you truly do not know the answer. Instead, it is better to inform the judge that you are not able to assist them on that question.
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It is important to be well-versed on the moot topic and able to direct the court to pertinent sections.
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It is critical to recall what principle a case stands for, as well as whether or not the decision is binding on the court before which the moot is being debated.
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When making arguments, participants must be ready to extend or limit their submissions depending on how participatory or how interactive the judge is, since this will save precious time on the bench.
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How well the participant approaches and converses with the bench, how poised he/she remains under the intense pressure of difficult questions, how pleasant and receptive he/she appears to the judges, and how much eye contact he/she makes with the judges are all used as judging criteria in the competition. To avoid losing scores on the basic aspects, participants must be well-versed in this criterion.
Some Do’s And Don't Of Mooting
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Even body language, gesticulation, hand movements, and diction can add or take value from a moot presentation. It is, therefore, important to keep track of the same.
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One may address the judges individually as ‘judge or collectively as ‘the Court’.
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When asked a question, answer ‘yes’ or ‘no’ and then explain your answer.
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As per protocol, one must open his or her argument through the following statement:
“May it please the Court, my name is ________ and I appear on behalf of ______. My submission will address…”
- As per usual practice, one may conclude his or her argument through the following statement:
“Unless the Court has any further questions, that concludes my submission (on behalf of)…”
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Try to maintain as much eye contact with the judges as possible.
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Remain respectful to the judges at all times. Crude hand gestures such as pointing fingers at the judge while arguing or addressing them, rude facial expressions showing dissent, impatience, etc. are strictly discouraged.
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Refrain from using first-person- such as ‘I’, ‘we’, ‘us’, etc, during arguments. One must refer to oneself formally as Counsel.
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While exiting the courtroom one must not show one’s back to the judges, as this is considered disrespectful.
Conclusion
In Indian Law Schools, mooting is becoming increasingly prominent. This is because it allows students to develop in several ways:
- Mooting assists students who are studying law by providing practical implications and knowledge that they would not find in books and would be unaware of, as practical and theoretical knowledge is like two sides of the same coin, and to pass hurdles in professional life, one must excel in both.
- Moot courts help law students enhance their research abilities because it is based on their research that they will be arguing their case and defending their side, as well as constructing a good moot court memorial on which the opposing team will raise objections and interrogate them.
- Mooting teaches students how to work successfully as a team and examine their strengths and weaknesses, as well as how to improve them to reach optimum efficiency. It also teaches you how to work with people who are different from you and how to collaborate with them.
- Furthermore, mooting helps a person gain confidence in talking and presenting their point of view to others. It aids in the development of a person’s confidence to the point where they are not afraid to question or speak in front of an audience and can effectively argue cases and put forth their perspective.
In today's increasingly competitive employment market, tangible proof of these qualifications and skills is priceless, which makes the participant a potential employee. Constructivism, experiential learning, and problem-based learning are the three theoretical foundations for mooting as a method of learning. As a result, mooting has a clear place in a law curriculum influenced by such viewpoints.
