moot courts@ LEX SOLVIS
KNOWING ABOUT MOOT COURT
A moot court competition simulates a court hearing, in which law students of various law colleges participates. The moot court are organized at State Level, National Level & International Level. The participants popularly known as Mooters work on a dummy legal case. They analyse a moot problem raised by the organiser, research the relevant law, prepare written submissions, and present oral argument. Moot problems are typically set in areas of law that are unsettled or that have been subject to recent developments. A moot court, in which fictional cases are argued upon, usually comprises a team of three Mooters / students who are expected to prepare on behalf of both the sides — the Petitioner or Appellant or plaintiff or prosecution as well as from the side of Respondent or Defendants.
It does not involve actual testimony by witness cross examinations or the presentation of evidence but is focus solely on the application of the law.
The procedure of presentation imitates just like what is followed in REAL COURTS like: the Judge enters, the Mooters and the Judge bow to each other, the clerk announces the matter, the Mooters give their appearances and are then called on in turn to present their submissions, the judge asks questions to the Mooters, the court adjourns, and the judge then returns to deliver a brief judgment and some feedback.
It is important to understand that Mooting is not the same as public speaking or debating, although it shares some common elements with these activities. It is a specialized application of the art of persuasive advocacy. It has been part of the process of training law students to become successful lawyers.LEXSOLVIS trains the Law Students & Interns working with this law firm on the standard of International Gold Mooting and for that purposes annually organizesALL DELHI OPEN MOOT COURT COMPETITIONandALL INDIA OPEN MOOT COURT COMPETITION.
BENEFITS OF MOOTING
There are many reasons to moot. Mooting enables students gain exposure & experience of litigation & legal sector. In a moot court, new knowledge and experience are acquired by combining previous experience, legal information and practical uses. It connects the law student to real court experience. The moot court experience for law student develops the ability to identify the legal subject, arrange various law material, prepare plead arguments, duties of an advocate, nature of judicial system of India and answering the questions raised by the other side, facing cross examination, answering without losing the temper. Moot court also develops art which will follow the student for the rest of his professional life. It commonly helps the law students
- A. In getting engaged and think deeply about interesting & popular legal issues;
- B. to enhance their advocacy skills, legal research acumen and drafting skills;
- C. to work closely with and learn from their seniors & real advocates & judges;
- D. in developing interest in advocacy and competence as an advocate and prospective law office to prospective employers. Most students find mooting to be intellectually rewarding and highly enjoyable
BASIC MANNERS & ETIQUETTES OF MOOTING
1. It is critical to engage with the bench i.e. Judges. This requires you to bring many skills together including maintaining eye contact with the judges, speaking at an appropriate volume and pace, responding directly and accurately to questions and holding the judge’s interest. It also incorporates a cardinal rule of mooting: never, ever talk while the judge is talking.
2. Remember that it is accepted to ask a judge to repeat a question if you do not understand it, and that it is always best to say 'I regret I am unable to assist your Lordship/Ladyship on that point' when you really do not know the answer or say “Pardon your Lordship, I didn’t get. Could you please repeat the question”.
3. Mooting is not just about presenting propositions of law. An important aspect is applying those propositions to the facts in order to argue for the result you want. You should be very familiar with the moot problem and be able to take the judge to relevant paragraphs in it
4. You will often make extensive use of authority in delivering your submissions. You need to know what principle a given case stands for and if a case is binding on the court before which the moot is being argued
5. A critical aspect of mooting is time management. You need to be able to expand or contract your submissions depending on how interventionist the judge is and to finish the submission within the given time frame.
6. Be always polite & courteous towards your opposite Mooters and dummy court staffs.