PART-I MOOT COURT Chapter-I COURT — MOOT COURT—MOCK COURT — 1. MEANING OF 'COURT' ‘Court’ is a place where law cases are heard and justice is judicially administered. A Court is a place where there is a legally binding adjudication of legal rights, liabilities, disabilities, status, etc. Court is a body in the Government to which the public administration of justice is delegated; an organized body, with defined powers, meeting at certain times, and places, for the hearing and decision of causes and other matters brought before it, and aided in this, its proper business, by its proper officers, viz., attorneys and counsel, to present and manage the business, clerks to record and attest its acts and decisions, and ministerial officers to execute its commands and secure order in its proceedings. Court is a tribunal empowered to hear and determine issues between parties. Upon pleadings either oral or written and upon evidence to be adduced under well-defined and established rules, according to settled principles of law. In every Court, there must be at least three constituent parts—the actor, reus and judex: the actor, or plaintiff, who complains of an injury done; the reus, or defendant, who is called upon to make satisfaction for it; and the judex, or judicial power, which is to examine the truth of the fact, and to determine the law arising upon that fact, and if any injury appears to have been done, to ascertain, and by its officers to apply, the remedy. The word ‘Court’ in the statutes is used in its generic sense and includes both judge and jury in a case where a jury present. A Court represents those persons (Judges, Magistrates, or other Officers) who hear law-cases. A Court is a body of men elected or appointed under the Constitution and laws of a state and vested with the power of rendering judgments, issuingshi Moot Court, Exercise and Internship (Pea, Chy 2 peals. Bach member of the Court j jeciding s racorder or ‘chancellor’. 8 Calleg it id di its, or hearing an hb or justice, oF sometimes bat ts preset at ige fined to the Court room but is pi least wh a ail pars of the place set ae for a ae OF the y in session, in .d of persons attending esses, Suton it fficers and of pt of its Judges and O! or jurors. Court, the person or persons who constitute, it must be To ane judicial function (i.e.) of deciding litigated questions accord; entrusted ut J they must derive their power from the State and exercise s Seal owers of the State. If the tribunal is the result of any Private " < FS . ee for the settlement of disputes, it cannot constitute a Cour, Now we can say that ‘Court! means an adj judicating body which performs judicial function of rendering definite Judgments having finally authoritativeness to bind the parties litigating their rights before it and that too in exercise of the sovereign judicial power transferred to it by the State, 2. MEANING OF 'MOOT' OR 'MOOT COURT' As per the Chamber's Twentieth Century Dictionary’ the term ‘moor’ means "(vt) to propose for discussion, to discuss; argue for practice. (n) in early English history, the Meeting of the assembled freemen, or their Tepresentatives, to regulate the affairs of the village or tun, the hundred (Hundred’ means a division of a County or Shire) or the Kingdom—{adj.) Mootable, that can be mooted or debated—Moot-Court-hall, a meeting or Court for arguing supposed cases". oa Per the Oxford's Advanced Learners! Dictionary of Current English, cipi aly in) — point (question), one about which there is ae A sous or bring forward for discussion: This question has been cunt ty. Yn to debate: u, ine a a moot' has been explained as "adj. subject Old English ‘assembly: Point. v. put forward for discussion. Origit According to Oxford’ = 's : . fe ; de, "84i. a — point, a English Dictionary, the term moo! dissgreement or Uncertainty, _ jg. * Matter about which there may better drivers, "y, (fin) Moot point whether men or wore? ‘ (usu passive) to raise a matter judy discussion,Pel, Ch.) Court — Moot Court—Mock Court 3 If we take the meaning given in Oxford dictionary, the term ‘moot’ does not indicate any sense of imitation or copying. It actually means to discuss some matter, question or problem. In Webster's Dictionary, the word ‘moot’ is used to denote an early English assembly of freemen for administering justice and deciding community problems. However, according to Black's Law Dictionary moots are exercises in pleading, and in arguing doubtful cases and questions, by the students of an Inn of Courts before the benches of the Jnn in England. As per Bouvier’s Law Dictionary and concise Encyclopedia, moot is a term used in the Inns of Court, signifying the exercise of arguing imaginary cases, which young barristers and students perform at certain times. It literally means to plead a mock cause. The word 'moot' can be traced back to the Anglo-Saxon era of British history when a 'moot' was the meeting of prominent figures and nobles from the local society to discuss matters of regional importance. Moots were organised, in early days, by the Inns of Court, then the centres of legal education. The early moots set by the Inns of Court were perhaps best viewed as a kind of pleading exercise. These early moots could last for upto one whole term. These early moots differ from the format familiar today, where moots are generally concerned only with points of law. Now, a moot is called a moot Court which is set to test the ability of the mooter to present a legal argument. The term 'moot' is defined as follows: "to argue a case at law (as a hypothetical case) as a student in a law school" ‘A moot Court is an artificial Court arranged in law institutes for law- students. Moot Court means a Court in which hypothetical case is discussed. Moot Courts are used as a form of clinical legal training for law students and may also be held by law student societies for the sake of competition. Mooting is considered a specific form of simultation in which students are asked to argue points of law before a simulated Court. We can define the moot Court as a simulated Court which is held in law institutes to facilitate the creation of a Court-like atmosphere with suppositious cases wherein the law student finds an opportunity to see where the practical application to specified facts, of the theoretical knowledge he has acquired of law, leads him, and so he can see the dynamics of what he has learned ; in other words, "law in action".To sum up, m ised on the line: oral and written legal argument cases. Court, Exercise and Internship (Pt, Cy Moot , i i ly formulated Mode] is an artificia 7 Soar Court of State power to provide ang " s of orig ative skills of law students in hypothe 3. DIFFERENCE BETWEEN MOOT COURT AND Coury a) (2) @G) (4) 6) 6) (7) (8) Court is situated in places of important towns or cities oul i by law h moot Courts are located in each and every law j whereas stitute, In Courts, law cases are heard and justice is judicially administereg while inimoat Courts the teams of law students argue points of law before an Appellate Court. In Courts, the case runs for years, but in moot courts it might last for approximately fifteen to twenty minutes, In Courts, Judges who are appointed or elected as Per the Constitution and having judicial powers preside whereas in moot Courts law teachers or experienced lawyers whom the law institute invites to preside over and they have no judicial powers, In Courts, the Jud; and law; and arg nae the cases assigned to them, ply principle of law to The adv when they an should Wear the uniform of black gown and bands the mooter will na preter Courts, In moot Courts, generally Eee the advocates dress. bogged down by strict rules of wearing In Courts, the and the strict a See Should mind the strict rules of evidene® ile in moot Coements of submission of relevant arguments: Which they seek to fe Mooters have to stick to the point Precise Manner. © Out from the question of law and i!Pt, Ch.1] Court — Moot Court—Mock Court 5 (9) The advocates in Courts may be afraid of contempt of court, while there is no such fear of contempt of court though they have to learn how to present their points of view in a systematic and decent manner. (10) In an ordinary Court, the advocate can take much of time to present his arguments, even days together till he satisfies. But, in moot Court presentations, the mooters have to strictly abide by time constraints and the time limit within which they have to present their respective cases for consideration of the Judges. (11) In ordinary case, an advocate has a fear of losing ‘.is case, but in moot Court the mooter has no fear of losing his case and he will get cent percent success by way of gaining experience. 4, MEANING OF 'MOCK COURT' OR 'MOCK TRIAL’ The term ‘mock! means 'not genuine or real or arranged for training or practice. A mock Court is a simulated Court which functions similar to an original Court. Mock trial is a playway method which imitates the trial in a Court. They are like Mock-Sessions of Parliament or General Assembly of U.N. which were held in educational institutions and students participate in these sessions to get training in procedure and standing orders by partaking and discharging the roles of different officers and representatives of various States. 5, DIFFERENCE BETWEEN MOOT COURT AND MOCK TRIAL ‘A moot is not the same as a mock trial. A mock trial is simulated fictitious trial following all the stages of trial in original Court to practice the techniques of trial advocacy. However, in moot Court all the facts of the case are taken as settled and consider, simply, points of law to argue. The main distinction between a moot Court and a mock trial is that in the former only questions of law are argued and in the latter there would be original trial with jury and witnesses and it is not on an argument of law. The proceedings in mock trial take more time as the participants take part in fictitious trials whether criminal or civil wherein they set involved in the examination of witnesses, assimilation of facts and submission of arguments in support of their respective cases while in moot Court, it takes little time as the mooter has to argue only the point of law with citations.Exercise and Internship Ita, ¢ Ch 6 Moot Court, In moot Courts, only law students participate and present argum whereas in mock trials, witnesses may dress themselves up, and Coun and counsel wear robes.Chapter-2 HISTORY OF MOOT COURT —_—_—_—— 1. IN ENGLAND During Anglo-Saxon period in England, upto 1066 there were three types of Courts: (i) The Shire Court (or moot) presided over by the Sheriff, the Bishop and the Earlderman (Earl is a title of British nobleman of high rank) and attended by the Lords and freemen of the country, with the priest. (‘Shire' means now ‘County’.) (i) The Hundred Court (‘Hundred' means a division of a shire.) (iii) The Franchise Courts, granted to certain persons by the monarch. Of these three Courts the Shire Court (or Moot) was the apex Court and the most important one. All Courts enforced the local laws or customary laws. English legal development stems from 1066 when William of Normandy gained the Crown of England. The Sheriffs, who were appointed by the King maintained law and order in the land. He separated Lay Courts and Church Courts each with a definite jurisdiction. Later the Common Law Courts, namely (i) the Court of Exchequer; (ii) the Court of Common Pleas and (iii) the Court of Kings Bench were staffed by royal Judges. In English law, substantive rules of law derive their authority from judicial precedents. Common law was judge-made i.e. the judges moulded or created out of the original customary rules. The principles of common law are found in case law. There was no much legal literature. In the twelfth century only the first important work on the English common law by Glanvil came out and next followed by Bracton’s work in thirteenth century. Later the works of Littleton (1481), Sir Mathew Hale (1730) Sir Edward Coke (1628-41), Sir William Blackstone (1765), Sir Michael Foster (18th century) came out. The Education of law in England has its own peculiar history since Norman conquest as there existed Courts and a rudimentary legal system. In England, legal education is provided by the "Inns of Court". In London there are four Inns of Court namely: i) Lincoln's Inn, ii) Inner Temple; 7se and Internship [Pea, Cha ‘ ng them, the Linco}y -.) Gray's Inn. Among M's In div) Gray cf ite back to N is sanaal ie eI its forme a acai who. ne It tay es older than other thre ie Lacy. third Earl of Lincoln, died in 1 ts name from Hen oe and benchers. its barristers 5 members are tudents, barr * ny iat fanohai former Su ‘a, Justice Sujata ¥- Manohar, or Uupreme Cy Milon K. Banerjee and the Chief Justice of Indy onferred with the honour of Honorary Benche, Moot Courts Exercl From Indi J Justice. Attorney-Genera’ K.G Balakrishnan were ¢ f the Lincoln's Inn. of The Inns of Court provide legal education. They are the Unincorporatey e i r to call to the Bar their membg ies of la. yers which have the powe! f . aie qualified for the rank or degree of Barrister-at-Law. Inns of Court, (Hospitia Curiae) are so called, because the students therein do not only study the law to enable them to practise in the Couns in Westminster, but also pursue such other studies, as may render them better qualified to serve the King in his Court. The Inns of Court are certain private unincorporated associations or voluntary societies, which for ages have submitted to Government analogous to that of other seminaries of learning law used to be taught through mooting in Clement's Inn, New Inn, Staple's Inn, Barnard's Inn, Clifford's Inn etc Moots had been arranged in Inns to provide legal knowledge to law students practically. The term of ‘moot’ which represents the process of teaching law in Inns might have been named so in honour of earliest Shire Court which was also called ‘moot' presided by the Sheriff, the Bishop and Earlderman and attended by the Lords and freemen of the country. with the priest in an Assembly, I and it 0 cae nay aos were accepted as a technique for teaching lav 1485 when mi \ccessful. Mooting in its earliest form dates from about England g / to | are concerned «a points of I The s » lity of ned only with points : Standard of the m, oter isy — Mooter to present a legal argu™ Y Paying particular attentionPt, Ch.2] History of Moot Court 9 mooter's ability to make use of the available legal authorities, answer questions, observe the etiquette of the Court room and generally appear competent as an advocate. A typical moot problem is solely concerned with a point of law. Normally it will take the form of a case heard on appeal with the grounds of appeal clearly stated. A 'moot' usually consists of four speakers. The speakers are divided into two teams of two who argue each side of the case. One team becomes the leading and junior counsel for the appellants and the other the leading and junior counsel for the respondents, although the mooters may be judged as individual or as a team. The speakers are, each in turn, given a certain time limit, generally 15-20 minutes, in which to present their arguments. The moot is presided over by at least one Judge who delivers a judgment at the end of the moot both on the law and on the result of the moot itself. English law never discontinued, it is of organic and continuous growth. It is a historical fact that Britain in Europe occupied large number of territories beyond Europe which became its colonies. Britain established its rule on globe in such a way that the sun never sets in its Kingdom. The colonies established by Britian were administered by English law. These colonies needed persons who knew English law. Therefore, people from various colonies proceeded towards England in order to know the English law. The law at that time was not an academic subject. Though Cambridge and Oxford Universities had come into existence in England, but law was not taught there. The people from various colonies proceeded towards England in order to know the English law. As the law was not an academic subject, certain inns came into being. The overseas students came to these inns, the persons who used to practise in various Courts used to come in the evening in these inns and law knowers used to deliver certain lectures and overseas students used to listen them and after six months or so these oversea students were called 'Bar-at-law' meaning thereby they had minimum preliminary knowledge about law and such persons were called barristers. It was a sort of diploma, permission or licence to practice, it was not a degree, these persons used to attend chambers of law practitioners, used to move with them, used to eat with them, used to learn their way of life, used to learn behaviour of the Court and thus used to learn law. It means practical training in law was medium of law education. There were10 Moot Court, Exercise and Internship Ita, , no classrooms and regular lecturers. The system of Moots had been improved in order to educate oversea students and this system of, educa became very effective and purposeful. It helped the oversea Students learn law easily. In due course of time even students of Law Institue in England also preferred the technique of moots in order to learn English law. In England, the moots are held by students’ law societ: universities and Inns of Court, by the Law Society at its Hall in Lane, and by some Provincial Law Societies. 2. IN THE UNITED STATES OF AMERICA The legal system existed in the United States of on the comer stone laid by the British. Moots the d technique, which leads to more effective learning has legal education in the United States since 1700s. Historical! in the US from the English University tradition of debat was taught as a liberal art and was thought to be im Citizenship in the new nation. At the beginning legal Was not university study but apprenticeship. Beginning in the 1870s, reforms had been brought at Harvard for institutionalization and professionalization of legal education. Langdell introduced case study method applying scientific forms of study of law. The Harvard teforms had a broad impact on US legal education. es in, the Chancery America is based lynamic educative been a fixture of ly moots developed e and oratory. Law portant training for education in the US As the case method had been sever with practical training in ethics, negotiation, client counselling and legal drafting to complement the case method education. Hence Moots were emphasized in the curricula of Most US law schools. Educators recognised the importance of moot Court exercise to teach students the lawyer’ advocacy role in Court-like Settings. rely criticised, it has been addedPt, Ch.2| History of Moot Court i documents and conducting oral arguments. In law schools, is required to participate in one moot court during the last semester of his or her first year, as part of a legal brief (a written statement of argument submitted to the Court) and to argue the case orally against student opponents before one or more judges (generally played by advanced students, professors, or attorneys). Their performance in moot court is graded by his or her instructor, every student Many law schools offer an additional one or more voluntary moot court experience during the second and third years of the course. These programmes normally run for a term or semester. The participants are required to brief and argue an appellate case of greater sophistication than a typical in the first-year programmes. Such voluntary moot courts are often administered by students comprising a board of governors. In moot courts two teams argue points of law before a court, which is usually an appellate court. Each team generally consists of two law students as members assisted by another student called the researcher. These proceedings are being conducted before a bench consisting of two or more ‘judges’ played by attorneys or law teachers. There are international moot court competitions in the US such as the National Moot Court Competition and the Jessup International Moot Court Competition. At national level competitions are being held on labour law, patent law, tax law etc. The regional level competitions are being held by regional organisations such as Niagara Moot Court Competition. Moot Courts expose participants to a simulation of judicial decision making and develop the skill of oral argument. The universal characteristics of an efficient oral argument are selectivity, simplicity, candour, and resiliency. By emphasizing the legal problems in a single case, the moot Court experience requires the student to relate several areas of the law to a single factual problem. Thus, the skills of the students in brief writing, legal analysis, and legal research are developed in the moot court setting. 3. IN INDIA During the period of rule by Kings in India generally Niyogis who had the knowledge of sastras sciences, codes and dicttums used to argue on behalf of the litigants. Later, under the muslim rule vakils used to settle the disputes as agents for the principles but not as lawyers. In British India, Revenue Agents, Mukhtar, Vakil, Pleader, Lawyer, Barrister, Counsel, Attorney, Solicitor and Advocates were in legal profession. From 1774, the Charternternsmr mets Chia 2 7 tice in Calcutta. Sim; ch gystem of legal prac . Simla, of 1774 introduced sh syesombay and Madras Neal the Supreme provision was made n, the British India provi led Provisions Pours were established aii Bengal Regulation Acts, 1793, 1814, 133) i ie 1846, 1853, 1879, 1884; High Coun 1 profess - fore Legal Practione councils ‘Act, 1926. 5, 1911, and Indiar : . - Acts, 1865. | m in India is linked with the British rule jn The modern legal syste! both on Bench and in th P | persons bo d fe Bar, India. The Courts required lega pel indian Barristers. However, law, jon in Britian roduced some . Legal Education in fi a eines Bombay and Madras in 1855. Upto the ae isa onary only males were allowed to study law courses, In the beginning of 20th century only, the ladies began to study the legal education. The Government enacted ‘the Legal Practitioners (Women) Act 1923 permitting the women to practise as legal practitioners. The degree of Bar-at-Law was considered more prestigious drawing social status. The degree 'Bar-at-Law' was regarded highest qualification rather than mere LL.B. from an Indian university. Those who could afford to go to England studied Bar-at-Law course. During the initial stages law was not a full time course. In some universities, law degrees were awarded to the persons, who had completed graduation plus two years' law course. In some universities, there was a three years course after the degree. At present, Bar Council of India Rules, 1975 states that there shall be a five year course of law and for admission, the hess concemed has passed an examination in 10 + 2 course. It also ane 7 cour of study in law has been by a regular attendance taining given by ik ° ‘a of = tutorials, moot Courts and practical Council of India. It alowed w comme the ene pees OY ant after graduation for certain Period br " a eee eee shift to five years law course, J fi ut all universities will be required t0 Moot Court, Pre-trial Pepaiae ue year a practical training paper of along with other 3 practical ee and Participation in Trial Proceedings ning papers.Pt, Ch.2] History of Moot Court 13 The Bar Council of India, New Delhi, has issued communication LE (Cit.No. 4/1997) dated 21.10.1997, the revised curriculum for Three year and Five year Law courses for implementation by the Academic Year 1998- 1999, which includes instructions regarding— A. Moot Court, Pre-trial Preparations and Participation in Trial/ Proceedings: 1. Participation in Moot Courts helps to cultivate self-possession, fluency, clarity of enunciation, practice of court procedure, experience in the art of persuasion and presenting cases. 2. The Moot Courts shall be on the basis of problems assigned to the students. The problems should contain several points or issues of legal importance. The participants shall render both written and oral submissions of their argument. 3. For the purpose of Moot Courts, groups shall be formed and problems involving several issues be assigned to each group. The Moot Courts will aim at imparting practical training in Court practice, i.e. preparation of a brief and actual argument of the point involved. The course shall emphasise points of court craft and decorum. 4. Each group must be further divided into teams. Cases for arguments before the Moot Court shall be given to the teams sufficiently early. Two teams of the same group may represent the different sides or parties. The students can employ their originality of thought and work in the analysis of facts, framing issues, finding out the law, applying them to the facts, preparing arguments and presenting them before the Moot Court. The problem should have different points for argument sufficient for both sides and for all participants. The points to be argued by each participant, and the order of argument among them should also be decided. Thereafter the students should make necessary preparation for the argument. 5. The participants (students-advocates and judges) and all those who attend the moot court should follow the Court procedure and conduct observing the professional etiquette. 6. When the Judge comes to the Court, the counsel (this word is used here as a plural, use of word ‘counsels’ is incorrect) and all those who are present may stand up as a mark of respect to the Court. When the Judge occupies his seat, the others may resume their seats. the counsel for the plaintift/ 7. When the case is called on for hearing, plai be, commence it in the prosecution/petitioner/appellant, as the case mayMoot Court, Exercise and Internship 14 Ire in which it is arranged among the different Participants on order in whic the participants of that side may, if necessary, reser Side The last among laced by way of reply. After the argument oft Ve hig recone Oper side, viz., that of the defendant/accused, is complete, Han as the case may be, may commence and Complete ! ee ae order in which the different points are arranged am the een the argument of that side, the first side may presnt their reply. / 8. Ina Moot Court, after the arguments of both sides are ¢, the other students who are not participants, but only listeners ma chance to express their opinion, upon the legal problem as amic ch, si Fespon, OMmpleteg, Y be given US CUrige 9. After closing the entire arguments, the judges may pronou Judgments. If there are dissenting judgments, let them also be prot in turn. INCE their nounced 10. Students may participate at least in three Moot Courts, so as to get the maximum benefits by participating in three different capacities, viz, (i) as the advocate for the plaintiff/prosecution/petitioner/appellant; ( as the advocate for the defendant/accused/counter-petitioner/respondent: (iii) as the Judge. By this Process the students get practical knowle in presenting, defending and deciding cases, Judgment. The student should maintain a regi Participation in the moot Courts which should in charge from time to time. ii) and dge and in the art of writing ular record regarding his be submitted to the teacher B. Observance of trial in Court: 1. The students shall be given opportunities to attend Courts. They should be required to attend the Courts of Law, civil as well as criminal. and follow the actual trial or hearing before such Court, that is, the at of examination of witnesses, the manner in which submissions are mad? before the Court and arguments of cases. Examination of witnesses is a art which may be studied by experience Practically than by reading princi and theories given in books of law on the subject by learned adv cates and authors. The stud and followed by them, 2. The student should lis attentive mind and tho the proceeding case, {1 he should frame in his r ave ald ten the Proceedings in Court with act!¥ art UBht, as if he/she himself/herself is taking Fras “e ts attending an examination-in-chief of 2 ¥ witne mind the questions he would like to put to the %Pel, Ch.2] History of Moot Court 15 if he is engaged in cross-examination of the witness. It would be better to attend cases in Courts than to attend only the chamber of his senior advocate. The educational value of attending Court cases is of great and valuable importance. : 3. While attending a Court, the student should watch the proceedings in it and record the details of the matter or point of law or fact involved in the case. He should note the name/designation of the Court, number of the case, parties to it and advocates for the parties appearing questions of fact and law, issues, examination of witnesses, documents, rulings, arguments advanced on both sides, objections and observations, remarks, appreciation and decision as far as possible. While attending a Court, he may assist his senior advocate by taking down notes on evidence and arguments. C. Attending Chamber of the Senior Advocate: Attending the chamber of one's senior advocate is a must for every law student or trainee. The object of attending the senior’s chamber is to learn the art of interviewing clients and advise them to the point and thus indirectly persuade him to have impression of his learning so that the client may get confidence in his ability and engage him in his case or remain engaging him even upto appellate stage so far as possible. He has to learn how his senior advocate maintains his office, his library and consultation room if separately maintained in order to avoid disclosure and secrecy of the advice given. The student can assist his senior Advocate in drafting the pleadings, taking notes on evidence and arguments. He should study all pending cases in the files of his senior Advocate. Practice of the profession law requires regular, careful and active routine work. It is not a part-time job but a whole time profession. A student of law is obliged to keep a diary for noting the Courts and cases he attends and his personal notes thereon and the work done by him in the chamber of his senior Advocate. The rationale and philosophy or underlying idea behind this scheme is that a law student should get the practical training of interviewing clients, advising them and when engaged, preparing and drafting, pleading, filing them in Court, examining witnesses or cross examining adversary's witnesses, arguing the cases on either side of which he would be engaged as an advocate or even writing judgments if he is related to the judiciary in near future. He learns the art of drafting plaints, written statements, applications, affidavits, memorandumExercise and Internship [Pt 16 Moot Court, » Cha view applications, writ petitions, special ap ision and review a = of appeal, revision and the like. D. (Viva-Voce) test: Vi ce test of law students has now been made compulsory, The ‘iva-voce vd es by written examinations only have gone. After oor pe record of work prepared by him, he has to Seen anieroe fe in which he will be asked questions relating to the contents of the record prepared by him. His satisfactory performancy at the viva-voce test depends upon his sincere and systematic work throughout the course from the initial training stage. A student who is found very sincere in his practical training certainly may succeed in his Profession as an advocate and he may start his practice of law profession even Without any assistance of his senior or consulting any other advocate on the problems which the clients may bring before him. He will be able to deal with the cases of his choice/branch—ivil, criminal, taxation or labour independently and successfully. In the viva-voce test a law student should bear the dignity and show the sense of his learning, brilliance and his distinguishing feature as a person, who realises the sense of the "science which distinguishes the criterion of right and wrong" in the words of Blackstone, which teaches to establish the one and prevent, punish or redress the other, which employs in its theory the noblest faculties of the soul, and exerts in its practice the cardinal virtues of the heart; a science which is universal in its use and extent accommodated to each individual, yet comprehension the whol the right and wrong, just and unjust, equitable the knowledge of law acquired by extensive in doing so, the noblest faculties of the human the true motives of his actions, and inequitable by applying and intensive learning, and mind and soul for discoveringChapter-3 IMPORTANCE OR ADVANTAGES OR EDUCATIONAL VALUE OF MOOT COURTS a Why Moot There are many reasons to moot. Mooting enables students (1) _ to engage with and think deeply about interesting and topical legal issues, (2) to enhance their advocacy, legal research and writing skills, (3) to work closely with and learn from their peers and (4) to demonstrate their interest in advocacy and competence as an advocate to prospective employers. Most students find mooting to be intellectually rewarding and highly enjoyable. It can be nerve-racking and frustrating but is a lot of fun. To prepare a law student to be a good advocate, there has to be a very strong component of clinical legal education teaching. Moot Court advocacy is an effective method for developing the legal skills of law students. The moot exercise is a process of skill development. Moot teaches law through the doing 'Law' process students to acquire. Frequent participation in the Moot Courts enables focused application of the legal principles to concrete situations in an environment approximating that obtaining in a Court. This experience refines and fine-tunes theoretical knowledge of the technology of law. The following are the merits of moot Court: (1) The moot Court system rectifies the defects of class room lecture method. The lecture system of teaching of law is dete: as many students absent themselves from the class and thus delinked for the future lectures. In lecture system only general principles laid down in different cases are taught or the sections of Act are explained. However in Moot Court system every student has to participate in moot as per his turn and in moot Court system the students deal with the latest case which contains principle of law by presenting to all other students. 17Moot Court, [Pea, Cha 18 ching, the students are taught different subj i th its sections and shall be taught °° individually i.e. IPC is taught wi a nei indica i vidence alongwith it. but when a cas shall be Staged 4 ler aca 1 of law which is concg very brane t Court then each and ev c " iat shall be taught simultaneously in functional manner, (3) The moot Court is not only effective technique of teachin, law but very very effective means of Practical Training. Sometimes 2 case which is staged in moot-Court, exposes behaviour of the Court and behavign of the advocates which is very important aspect of law from practical view. point. (4) In class room teaching the students of that section are benefited, By staging moot Court only students of a section are not taught but the students of entire faculty are taught. (5) The argumentative talent of the student is developed and irrelevant behaviour of the student is checked. In Moot Courts, the students lear how to be submitive and polite before the Court. Through moot-Court system arrogance is controlled and eloquence is developed. (6) A moot-Court is for all practical purposes a Court though it is not a real one. The students without attending the judicial Court leam everything about the Court. It is not possible to make the students leam about the function of real Court in its function as the students are many in number and the Court room cannot accommodate so many students at a time. Bringing of the students of law faculty in a Court for practical training shall be nothing but the stoppage of judicial proceedings. Therefore, by staging moot-Court in their institution, the students learn everything which is practically needed and sought for practical training. (2) In class room tea Sa Ted with (7) By staging moot-Court, students learn about relevant facts of @ case, arguments of both the sides and decision thereon which becomes their intellectual property for the times to come. (8) The moot-Court possesses a dramatic element in it which attracts students too much, this creates Propensity of desire for learning of law. (9) Procedural law like CPC and CrPC is tect f always better to students through moot Courts as class room lecture system is not of much value for them. (10) The moot-Court system teaches theory of law, conveys practical behaviour of law. In a moot Court, from beginning to the end the entire case is staged and law is exposed. Exercise and Internship YyImportance or advantages or Ptl, Ch.3] Educational value of Moot Courts 19 (11) The moot-Courts enhance the ability to present an argument coherently and within a strict time limit. (12) Preparation for a moot develops good basic research skills. In conducting their research for a moot, many students will also become familiar with certain legal materials and information retrieval systems, which might otherwise have escaped them throughout their life time. (13) By participating in moot Courts, students become well able to argue both sides of the case, which involves identifying with ease not only the arguments in their favour, but also those less favourable to their side of the case. (14) In order to argue effectively in a moot, it is necessary to students to read the relevant cases in much greater detail than perhaps the average student would normally be inclined to do in the ordinary course of his or her studies. Thus the ability, not only to read a case, but also to understand its structure, is enhanced. (15) The moot Court participation provides the ability to recognise and seize upon the weaknesses of any counter-argument is one that will, in time, prove a valuable skill on many occasions. (16) Participation in Moot Courts helps to cultivate self-possession, fluency, clarity or enunciation, practice of court procedure, experience in the art of persuasion and presenting cases. (17) Mooting has been one long exercise in confidence building. (18) Mooting helps us develop personal skills which will benefit us in whatever career we may follow. (19) Participation in the Moot Courts develops not only the legal skill but also the presentation skill. It also enables the students to learn the art of persuasion. It gives them confidence to speak before the people. The moot courts provide opportunity to acquire command over the language, good power of expression, good knowledge of law, good common sense and good presence of mind to become a successful advocate. (20) Mooting develops among the students ability to argue for the party with etiquette of the court room. (21) By participating in the moot Courts the students may learn the manner of dealing with the Court. They may have the practical knowledge of the importance of being respectful to the Court.Moot Court, Exercise and Internship IPtl, Chy 20 ‘on in the moot Court the students will learn the icipati ; =) (22) By particips he advocates are expected to assist the Coun in duties of an advocate. T' , the administration of Justice. / / annot be scauired i kill of swimming c uired 5, di I ai So ate actually getting into the water. Footballer, pare assing and shooting, singers and clowns Practise assiduously, In vvedical eaucation, a student of pathology is asked to vivisect corpse from a mortuary and a medical graduate has to work for six months or 80 a5 ‘house-surgeon' to get his degree or to enrol as a medical Practitioner, Similarly for any professional course, some apprenticeship or Practical training should be prescribed. For example to get degree of B.Ed., the student has to attend certain number of demonstration classes and teach for certain number of classes. Similarly, to get a B.E. degree, an engineering student has to submit a practical project report. On the same lines for law students moot Court training is required as fluency and clear enunciation are particularly important for the lawyer, when the forensic legal practice is largely oral. Let us conclude the advantages of moot courts advocacy i.e. Law Clinics with the emotive presentation of Karl Llewellyn, an American Jurist: "Moot Court work will bring you into quick contact with a group. And in groups of students lies your hope of education....... In group work lies the deepening of thought. In group work lie ideas, cross-lights; dispute, and Practice in dispute; cooperative thinking and practice in consultation; spur for the weary, pleasure for the strong. A three-fold cord is not quickly broken; in group work lies salvation."Chapter-4 PROVISION OF MOOT COURT CHAMBERS IN LAW INSTITUTES _—_ There are no hard and fast rules as to how, when and where the moot Courts should be conducted. However the procedure and practice of moot Courts must be as close as possible to the real Court procedures and practice. Hence, every Law Institute consists of a moot Court chamber along with class rooms. The Moot Court should reflect, as far as possible, the Court room scenario in reality. The traditional and functioning Courts consists three sections — the Bench, the Bar and audience gallery. The moot Court room is generally a middle size hall or a big room with sufficient accommodation. As the moot court is a simulation of the appellate court situation, the order of arrangement of seats is somewhat different from that of a District Court room. In a District Court, a Court room consists of a dais for the seat of the Judge or Judges if more than one forming a Bench, the clerk (Peshkar) of the Court and the stenographer generally sit on the tables placed by the sides of the big table of the Judge himself. Below the dais there is some space left for standing of the advocates of both the parties. There is generally a bar or rows of chairs along tables for the use of the advocates appearing and acting of the parties. Beyond the arrangement of sitting of advocates in the Court room i.e. the bar, there is a wooden bar arrangement of seats for clients and spectators if any in the Court room. Below the dais at one side there is a witness-box in which a witness stands for his examination in Court generally by the side of the clerk of the Court. The moot Court room should resemble the scenario of a High Court or the Supreme Court. In a High Court or the Supreme Court, a Court room is generally bigger hall with sufficient accommodation for the bigger dais of the Judges, for the Court staff. In a High Court or in the Supreme Court the seating is different from that of a District Court. Here the dais is used for the sitting of the Judges only. The table for clerk or stenographer are being arranged just below and in front of the dais facing each other with Court records and beyond it some space is left. There beyond, there is a long table for the arguing advocates and their chairs beyond the table. There beyond there are one or more lines of chairs for sitting of advocates. 21PO 22 Moot Court, Exercise and Internship [Ptul, Chy a bar or gallery rows of bench, ies ivocates. there is lients and visitors. desks arranged for ¢ real situation in cach and every instity rt, Generally there are no ( oun Hed ‘call work! ts done by the presiding offic mn better to arrange @ clerk of the moot om when required, with a copy of = Jerk, if appointed, times the moot at separate tables, taking turns Beyond the seats of ad with desks or without ‘As it is not possible to create a however a room is allotted to the moot Cou! officers ete. and the so-ca of the moots themselves. It is is responsible for providing the Judge, authority cited by the mooters. The cl speeches. The two teams of mooters sit to stand to nresent their arguments to the Court. Normally, where there is no clerk, the presiding officer/judge begi the proceedings by referring to the case and calling the mooters to presen their arguments one after the other.