‘Memorial

WritingBasics

10/26/2023 Dr. Sunanda Bharti, Faculty of Law, DU-- for Moot 1

9 Point Structure
Title/TOC
—

Table
— of Abbreviations

Index
— of Authorities

Statement
— of Jurisdiction

Statement
— of Facts

Statement
— of Issues

Summary
— of Arguments

Arguments
— Advanced

Prayer
—

10/26/2023
Dr. Sunanda Bharti, Faculty of Law, DU-- for
Moot
9 Point Structure
THE Title/TOC
—

AVERAGELY Table
— of Abbreviations

INTELLIGENT Index
— of Authorities

STUDENT Statement
— of Jurisdiction

SHOULD Statement
— of Facts

SINCERELY Statement
— of Issues

STUDY Summary
— of Arguments

AND Arguments
— Advanced

PARTICIPATE Prayer
—

10/26/2023
Dr. Sunanda Bharti, Faculty of Law, DU-- for
Moot
B e Creative and B e Smart

No
— amount of research
can compensate for
poor presentation of
ideas…

AIM-to
— develop a clear
and persuasive
memorial

10/26/2023
Dr. Sunanda Bharti, Faculty of Law, DU-- for
Moot
Statement of Jurisdiction
Suitability of court to
entertain the appeal

Ideally
— it must contain-

• That the court below had

jurisdiction
• That this court has jurisdiction
to entertain the appeal
• That is the law under which it
has jurisdiction
• That the appeal is timely

10/26/2023
Dr. Sunanda Bharti, Faculty of Law, DU-- for
Moot
Statement of Facts
Facts
— are in your moot
problem-why this then?

Compelling
— recitation of
facts
• Honest and accurate
• Retelling by emphasis on
what aids YOUR theory
• Misleading SOF –cost to your
credibility

10/26/2023
Dr. Sunanda Bharti, Faculty of Law, DU-- for
Moot
 Statement of Issues

 S t a rt I R A C -in g
 Is s u e-R u le -A n a lys is -C o n clu s ion

ISSUE
 I s s u e = t h a t b a s ic question/set o f
qu es ti o n s t h a t you are s e e k i n g a n
answer to
 I s s u e is always a question -articulate
it aso n e
 U s u a l l y o n e s e n te n c e per is s ue
 O rdered List-Strongest is s u e first
10/26/2023 Dr. Sunanda Bharti, Faculty of Law, DU-- for Moot 7
6
 Exam ple
A , a n a r my - m a n f ro m t h e G u r k h a Rifles, who is p os ted
o n t h e borders for m o s t of t h e year, returns h o m e o n
a s a n c t i o n e d holiday only to find his wife in a n
objectionable s t ate with his clo s e friend B .
A , who is k n own to b e a possessive h u s b a n d d o e s n o t
re act a n d allows B to leave t h e ro o m in h a s te.
N e x t eve n i n g , t h e body o f B is f o u n d b r u t a l ly
m u r d e r e d with a s h ar p we ap o n . B was last s e e n
with A + C + X .
A was also s e e n carrying s o m e t h i n g o n his shoulder,
g o i n g into t h e forest area by X .
A is arrested. B e f o re t h e police h e a c c e p t s t h a t all
h a p p e n e d suddenly a n d u p o n b e i n g provoked by B . A
is c h a r g e d with m u rd e r of B
ISSUE?
10/26/2023 Dr. Sunanda Bharti, Faculty of Law, DU-- for Moot 8
 I R AC-slide 1
(to help you f ra m e your i ssue properly)

R U L E - - W h a t principles of law is t h e c a s e l o o k i n g
at?

W h a t are/is t h e primary l e ga l authority/ies

 m ay flow f ro m a s t at u te
 m ay flow f ro m a l a n d m a r k c a s e
 m ay flow f ro m a principle of International law

Whatever b e t h e rule-state it completely a n d

precisely, either as a part of or in
consonance to your Issue

10/26/2023 Dr. Sunanda Bharti, Faculty of Law, DU-- for Moot 9

 I R AC-slide 2
(to help you f ra m e your i ssue properly)

RU L E — I f rule is flowing f ro m a c a s e ( K M N a n ava t i

v S t a t e of M a h a ra s h t ra , A I R 1962 S C … ) ,
A D D I T I O N A L t h i n g s required are:
 H o l d i n g - w h a t was held
 I d e n t i f y t h e u n i q u e f a c t s of t h e c a s e
 R e a s o n i n g –why was it held so

10/26/2023 Dr. Sunanda Bharti, Faculty of Law, DU-- for Moot 10

S u m m a r y of Arguments

Answer
— the questions
that you had raised as
‘issues’ in the most
concise fashion possible

One
— or two lines per
issue…

10/26/2023
Dr. Sunanda Bharti, Faculty of Law, DU-- for
Moot
IR A C-slide 3
(to help you fr ame your
a r g u m e n t s properly)

Applying facts
to Rule
•—
See the extent to
which your facts
are aligned with
the rule (statutory
rule or precedent)

10/26/2023
Dr. Sunanda Bharti, Faculty of Law, DU-- for
Moot
 A rg u m e nt s A d va n c e d
D e t a i l e d a r g u m e n t s logically presented
 B u i l t o n f a c t s a n d law
 N o t o n opinions, prejudice s a n d b i ase s
 M o s t s t ro n g a r g u m e n t is a dva n ce d first
 D o no t expect t h e j u d g e to t r u d g e t h ro u g h a list
of n o n persuasive a r g u m e n t s - h e m ay lose
interest a n d you m ay lose credibility

 ‘ D O N ’ T B U RY Y O U R W I N N I N G
A RGU M E N T A M O N G S T A LIST OF
LOSERS’
 P r e s e n t t h e a r g u m e n t s in t h e m o s t simple
f a s h i o n possible-avoid j a rg o n /avo i d
e m o t i o ns
10/26/2023 Dr. Sunanda Bharti, Faculty of Law, DU-- for Moot 13
12
 IR A C -slide 4
(to help you f ra m e your prayer properly)

 T h e best possible c o n c l u s i o n t h a t you c a n arrive

a t after A N A LY S I S of f a c t s a n d rule/s
Prayer or Pleadings
After
— what you have
presented before the
court, what do you
want the court to do …

You
— may take a cue
from how you framed
the issues in order to
prepare your pleadings

10/26/2023
Dr. Sunanda Bharti, Faculty of Law, DU-- for
Moot