Moot 101

A layman’s guide to mooting

A presentation by
Adv. Vibhanshu Srivastava
Founder and Managing Partner, Risis Legal
Date: April 26, 2020
www.indianlawconclave.com/webinar.html
Let’s begin!
 Why should one participate in moot courts?

• Because you are in a law school now, shortly before you are in a Court
of Law.
• This is an exciting way to learn law.
• The law that you learn while participating in this rigorous exercise,
stays with you forever.
 Why should one participate in moot courts?

• Command over English is a must for lawyers, what better time to ace
it while you are still in the law school.
• To network.
• Your journey of mastering the fine art of DRAFTING begins here.
 Why should one participate in moot courts?

• To overcome your fear of public speaking

• To ace how to use tools of legal research, something which you'll keep using
your whole life now here onwards.
• It’s a win-win for you, whether you loose or win in a moot competition.
• To feel the heat of competition.
 How do I come select my team members, to form an ideal team?

• Look out for people who are industrious and hardworking.

• These people need not necessarily be the merit holders.
• Look for proven track record.
 How do I come select my team members, to form an ideal team?

• Look for subject experts.

• Look for people with whom you are comfortable working.
• Do not pre-assign any role to yourself while you are still on the hunt
for your team members.
 How do I come select my team members, to form an ideal team?

• Look out for people who can meet deadlines.

• Look out for people who are smarter than you.
• Have convincing public speakers by your side.
• Search people who love being in the library, this is where you'll be
spending most of your time preparing.
 So, how does one approach a moot problem?

• Read it, read it, read it! Keep reading it until you memorize it, para-
wise.
• You should ace all the facts, chronologically.Having command over the
facts is very important.
• Interpret, what the moot problem says.
 How to approach a moot problem?

• Get to its root.

• Find out what are the contentious points/issues involved in it.
• Make a list of all the laws, statutes, rules, regulations and circulars
governing the problem.
 How to approach a moot problem.

• Discuss the problem with your friends, seniors, other participants; before you start
researching.
• Break the issues into sub-issues. This make your research work easier and
structured.
• Be clear in your head as what you are looking at, before you start researching.
• Divide the issues amongst your team mates, so that the research work is distributed.
 How do I start researching?

• Primary research sources should be your point of start.

• Head to the library.
• Start looking into the concerned statutes. Pick-up the bare-act first.
 How do I start researching?

• Advert to text books and later to subject commentaries.

• Start making notes on provisions of law that aide your case.
• Do not ignore the preliminary issue on maintainability.
 How do I start researching?

• Start pulling out case laws in support of your case.

• Gradually shift to legal search engines to narrow your search.
• Once you identify the supporting cases, look into their case-
history/case-map (for each of the case separately)
 How do I start researching?

• Do not rely on over-ruled case.

• While researching using online legal databases, your research should
have depth.
• Research should be sweeping, vast and penetrative, to make sure you
miss nothing
 How do I start researching?
• Fine-tune your research, going forward.
• If you hit a roadblock during your research, seek help from specialist legal
practitioners, your teachers and seniors in college.
• Neatly compile all your research material, to be collated in your memorial.
• Also, make a note of everything that's against you. This helps in in
understanding your adversaries case.
 Tips on drafting an award winning memorial.

• Decent research is job half done.

• This involves nothing more than transcribing your oral arguments.
• Approach your seniors and ask them for their award winning memos,
take a cue from it with regards to formatting styles, presentation etc.
 Tips on drafting an award winning memorial.

• Before you start drafting your memorial, carefully read the rules
prescribed by the organizers, if any.
• See if the rules prescribe: any font, word-limit, citation style to be
followed and other rules.
• Explain your arguments in a plain and simple language.
 Tips on drafting an award winning memorial.

• There should be a healthy mix of facts and law.

• Use short sentences.
• Support your arguments with case laws with proper footing/end-
noting.
 Tips on drafting an award winning memorial.

• Presentation and formatting should be immaculate.

• Formatting should be uniform. Pay special attention and ensure
uniform font style, line-spacing, heading styles etc.
• Discuss facts, then apply law to facts.
 Tips on drafting an award winning memorial.
• Give your reasoning.
• Braking issues into sub-issues always advisable. This ensure proper
fragmentation.
• Pay special attention to your index of authorities, statement of
jurisdiction and statement of facts.
• Use facts, as they are. Deciphering something out of it which they do
not even remotely suggest/make-out, is discouraged.
 Basics of oral arguments

• The speakers should be thorough with all the issues and not just the
issues being dealt by them.
• Be polite on the dias.
• Address the judges on the maintainability of the case first.
 Basics of oral arguments

• Thereon, address the Court on your strongest issues first.

• Carry all the material to the Court on which you've relied in building-
up your case. This would include bare-acts, judgements, articles, law-
reports etc.
• Be focussed when you deliver your arguments.
 Basics of oral arguments

• Structure your arguments so as to ensure a smooth delivery.

• Do not be swayed away when a judge starts questioning you.
• After answering a question, resume with your arguments from the
point where you left it.
 Basics of oral arguments

• You are grilled to test your composure. Stay rock solid!

• Mannerism is the key.
• Be all ears, when a judge speaks. Never cross a judge while he's
speaking.
 Basics of oral arguments

• Do not jump to the answer(even if you know it), before listening to

the question completely.
• Do not try to be over-smart.
• Be articulate.
• Use modulations in your voice.
 Basics of oral arguments

• Seek permission from the judge before quoting from anywhere.

• If you are questioned on any legal issue not being dealt by you, never
say that your co-counsel is going to answer it.
• Try answering all the queries.Your co-counsel is only going to further
strengthen the case.
• Knowing your whole case is necessary, even if cursorily.
 Basics of oral arguments

• Keep a copy of all the judgements that you have cited in your memo.
• You are expected to know the facts of the judgements that you rely upon.
• Seek Court's permission before passing on any material to the Court.
• Be watchful, sometimes the judges might give you a hint; try put things in your
mouth, which they want to listen from you. Do not miss out on these brownie
points.
 Basics of oral arguments

• They will also bargain with you, that's where they'll test if you can
think on your feet or not.
• Do not be REPETITIVE!
• Time management is important.
• Never contradict your co-counsel, not even inadvertently.
 Basics of oral arguments

• Do not let your emotions take over you.

• Be audible.
• Summarize your arguments if you have time on your side.
• If you over-step the time limit, continue only after seeking permission.
 Basics of oral arguments

Lastly,
• Keep a tab on time.
• Judges are there to confuse you, go steady.
• Rehearsing is important. Practice your arguments before the mirror,
your researcher or other team members.
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