Moot Court Viva-voce Announcement

All the students of LLB III are hereby informed that your Moot Court Viva-voce shall be held on 4 &
5 Apr 2024. (Detailed schedule will be notified shortly)

You all are required to complete your record book as mentioned below.......

1. How to draft Moot Proposition /Problem?

1. Choosing the Area of Law:

● Select a relevant and engaging area of law, considering the target audience (law students,
professionals) and competition level.

● Strike a balance between complexity and accessibility to allow for a good range of
arguments.

2. Crafting the Factual Scenario:

● Create a realistic and concise scenario with all the necessary details for legal arguments to
arise.

● Include elements like parties involved, nature of dispute, key events, and any relevant dates.

3. Formulating the Legal Issues:

● Identify the central legal questions at the heart of the dispute.

● These issues should be debatable and allow for opposing viewpoints based on existing laws.

4. Incorporating Procedural Aspects (Optional):

● For advanced competitions, you can add layers by specifying the court (e.g., high court,
tribunal), stage of proceedings (appeal etc.), and any relevant procedural rules.

5. Providing Additional Information (Optional):

● Include any background information or excerpts from judgments that provide context but
don't influence the legal issues directly.

Tips for Effective Moot Propositions:

● Clarity and Conciseness: Ensure the scenario and legal issues are easy to understand.

● Originality and Relevance: Choose a scenario that is fresh and reflects current legal
discussions.
 ● Balance: Provide enough complexity for a strong legal debate but avoid overwhelming
participants.

2. Two Hypothetical Moot Propositions/Problem drafted one Civil and One

Criminal
Moot Proposition 1: Civil

Facts:

● Dr. Alice Verma, a renowned geneticist, developed a revolutionary gene therapy treatment
for a rare genetic disorder.

● She partnered with MegaPharm Inc., a pharmaceutical company, to conduct clinical trials
and bring the treatment to market.

● The agreement stipulated that ownership of the intellectual property (IP) rights for the
therapy would remain with Dr. Verma.

● During trials, MegaPharm made significant modifications to the treatment's delivery system.

● MegaPharm now claims co-ownership of the IP rights due to their contribution.

● Dr. Verma sues MegaPharm for breach of contract and misappropriation of intellectual
property.

Issue:

Whether Dr. Verma retains sole ownership of the intellectual property rights for the gene therapy
treatment, considering MegaPharm's modifications to the delivery system.

Moot Proposition 2: Criminal

Facts:

● Nova City, a bustling metropolis, has recently implemented a strict policy against the use of
self-driving delivery drones due to safety concerns.

● Akash, a freelance delivery driver, frustrated by slow traffic and potential earnings loss,
continues to use his modified self-driving drone for deliveries.

● One day, due to a software malfunction, Akash's drone malfunctions and crashes into a
crowded marketplace, injuring several people.

Issue:
 ● Whether Akash can be held criminally liable for the injuries caused by the malfunctioning
drone, considering the city's ban on self-driving drones.

These propositions offer a civil and criminal scenario with debatable legal issues. They can be further
developed by including relevant case laws and specific details for a more comprehensive moot court
experience.

3. Two Client interviews/interactions observed at Advocate Chamber

Scenario 1: Contract Dispute

Client: Sarah, a flustered young woman, sits across from the advocate. Tears well up in her eyes as
she explains a business deal gone wrong. She partnered with a friend to open a bakery, but their
written contract seems unfair. Sarah claims her friend is withholding profits and taking advantage of
her creative ideas.

Advocate: The advocate maintains a calm demeanor, asking clarifying questions. They review the
contract with Sarah, explaining legalese in simpler terms. The advocate explores options -
negotiation, mediation, or litigation - depending on Sarah's desired outcome and her comfort level
with confrontation.

Key Points: This scenario highlights the advocate's role in understanding the emotional aspects of a
legal issue. They help the client navigate their options and choose the best course of action.

Scenario 2: Criminal Charges

Client: Mr. Patel, a stoic middle-aged man, sits rigidly opposite the advocate. He faces accusations of
assault during a neighborhood dispute. He vehemently denies the charges, claiming self-defense.

Advocate: The advocate adopts a more assertive approach, carefully questioning Mr. Patel about the
events leading to the alleged assault. They request any evidence he might have, like witness
statements or security footage. The advocate explains the potential consequences of the charges
and outlines a legal defense strategy.

Key Points: This scenario showcases the advocate's role in gathering information and building a
strong defense for their client. They advise the client on potential outcomes and ensure they
understand the legal process.

4. Report on Special Lecture delivered by Adv.Krushnadeep Suryawanshi on

Stages of Civil Suit and Criminal trial (01/02/2024)
Report on Special Lecture: Stages of Civil Suit and Criminal Trial

Date: 01/02/2024 Lecturer: Adv. Krushnadeep Suryawanshi Topic: Stages of Civil Suit and Criminal
Trial

Introduction
This report summarizes the key points discussed in a special lecture delivered by Adv. Krushnadeep
Suryawanshi on the stages involved in civil suits and criminal trials. Due to the nature of legal
proceedings, specific details or examples from real cases cannot be provided.

Stages of a Civil Suit

The lecture outlined the following general stages of a civil suit:

1. Pleading Stage: The plaintiff initiates the lawsuit by filing a complaint outlining their claims
and desired outcome. The defendant responds with an answer, admitting or denying the
allegations.

2. Discovery Stage: Both parties exchange information and evidence to build their cases. This
may involve document sharing, witness depositions, and interrogatories.

3. Pre-Trial Stage: The court addresses any pre-trial motions and helps narrow down the issues
in dispute. Negotiations for settlement may also occur at this stage.

4. Trial Stage: If no settlement is reached, a trial is held where both parties present evidence
and arguments before a judge or jury.

5. Post-Trial Stage: The judge or jury issues a verdict, and the court enters a judgment
enforcing the decision. This may be followed by appeals processes if either party disagrees
with the outcome.

Stages of a Criminal Trial

Adv. Suryawanshi also detailed the typical stages of a criminal trial:

1. Investigation: Law enforcement investigates a suspected crime and gathers evidence.

2. Arrest and Charges: If enough evidence exists, the suspect is arrested and charged with a
crime.

3. Pre-Trial Stage: The defendant pleads guilty or not guilty, and the court considers pre-trial
motions. Plea bargains may be negotiated here.

4. Trial Stage: If the defendant pleads not guilty, a trial is conducted where prosecutors
present evidence to prove the defendant's guilt beyond a reasonable doubt. The defendant
has the right to present a defense and challenge the prosecution's case.

5. Post-Trial Stage: The jury reaches a verdict of guilty or not guilty. If guilty, the judge
sentences the defendant according to sentencing guidelines. Appeals may follow.

Conclusion

The lecture by Adv. Suryawanshi provided a valuable overview of the civil suit and criminal trial
processes. Understanding these stages is essential for anyone involved in the legal system, whether
as a plaintiff, defendant, witness, or legal professional.

5. Stages of Moot Court Participation along with tools of oral and Written
Presentations
Moot court is a simulated courtroom experience that allows law students and legal professionals to
hone their legal reasoning, research, writing, and oral advocacy skills. Here's a breakdown of the key
stages involved, along with tools to enhance both written and oral presentations:

Stages of Moot Court Participation:

1. Problem Distribution and Team Formation: You'll receive a moot proposition outlining the
case scenario and legal issues. Teams are formed, with each side (appellant/respondent or
petitioner/respondent) assigned.

2. Research and Legal Analysis: This is a crucial stage. Research relevant case law, statutes, and
legal principles using online legal databases, law libraries, and legal treatises. Develop a
strong legal argument for your side.

3. Drafting Written Briefs: Prepare written briefs outlining your arguments, supported by legal
citations and analysis. Tools like legal citation generators and style guides can ensure proper
formatting (e.g., Bluebook, ALWD).

4. Oral Arguments: Prepare your oral arguments to present your case before a panel of judges
(usually law professors or practicing lawyers). Tools like outlining software, practice sessions
with teammates, and video recording yourself can help refine your delivery.

5. Rebuttal Arguments: Be prepared to respond to the opposing team's arguments and defend
your own position.

Tools for Effective Presentations:

Written Briefs:

● Legal Research Databases: Westlaw, LexisNexis (access may be provided by your law school)

● Law Libraries: Utilize the expertise of librarians and access physical resources.

● Legal Citation Generators: Ensure proper citation format (e.g., ELAW, Zotero)

● Style Guides: Bluebook, ALWD (for specific formatting requirements)

Oral Arguments:

● Outlining Software: Organize your arguments and ensure logical flow (e.g., Microsoft Word
with headings, Celtx)

● Practice Sessions: Rehearse your arguments with teammates to receive feedback and refine
delivery.

● Video Recording: Self-record your practice sessions to assess pacing, body language, and
overall presentation style.

● Visual Aids: Consider using charts, graphs, or images to support complex arguments (ensure
court approval beforehand).

Additional Tips:
 ● Professional Attire: Dress appropriately to project a professional demeanor in court.

● Time Management: Practice adhering to time limits for oral arguments.

● Confident Delivery: Speak clearly, project your voice, and maintain eye contact with the
judges.

● Professional Conduct: Maintain respectful behavior towards the judges and opposing team.

6. Report on observations made by you on our National Level Moot Court

Competition, 2024 (24 & 25/02/2024)
Report on National Level Moot Court Competition (24 & 25/02/2024)

Introduction

This report details observations made during the National Level Moot Court Competition held on
February 24th and 25th, 2024.

Competition Format (Optional)

● Briefly describe the competition format (e.g., number of teams, preliminary rounds,
knockout rounds, judging criteria).

● Mention the moot proposition (legal issue) debated during the competition.

Observations

● Research and Legal Analysis:

o How well did teams present their legal arguments?

o Did they demonstrate a strong understanding of relevant laws and case precedents?

● Oral Advocacy Skills:

o How effectively did teams present their arguments orally?

o Consider factors like clarity, organization, persuasion techniques, and courtroom

etiquette.

● Rebuttal Arguments:

o Were teams adept at addressing the opposing side's arguments and defending their
own positions?

● Overall Performance:

o Identify any standout teams or individuals who impressed with their legal
knowledge and advocacy skills.
Additional Notes (Optional)

● Mention any interesting points raised during the competition or observations about the
overall organization and execution of the event.

Conclusion

Summarize your key takeaways from the competition. Briefly mention the value of moot court
experiences for law students and the legal profession.

7. Report on Special Lecture delivered by Adv. Sayyed on Advocacy skills

(16/02/2024)
Introduction

This report summarizes the key points discussed in a special lecture delivered by Adv. Sayyed on
advocacy skills on February 16th, 2024. The lecture focused on equipping law students and aspiring
legal professionals with the necessary tools to excel in courtroom presentations.

Essential Advocacy Skills

Adv. Sayyed emphasized the following core skills for effective advocacy:

● Legal Knowledge and Analysis: A thorough understanding of the law and the ability to apply
legal principles to the specific case at hand is fundamental.

● Communication Skills: Clear, concise, and persuasive communication, both written and oral,
is essential for conveying arguments and influencing the judge or jury.

● Organization and Structure: Well-organized presentations with a logical flow of arguments

make it easier for the court to follow your case.

● Persuasive Techniques: Advocates should employ persuasive techniques to effectively

present their arguments and convince the court of their client's position.

● Professional Demeanor: Maintaining a professional demeanor throughout court

proceedings demonstrates respect for the court and the legal process.

Building Advocacy Skills

Adv. Sayyed provided valuable tips for law students to develop and refine their advocacy skills:

● Moot Court Participation: Actively participate in moot court competitions to gain practical
experience in legal research, writing, and oral arguments.

● Public Speaking Practice: Join public speaking clubs or practice delivering presentations in
front of peers to improve communication and presentation skills.
 ● Observe Experienced Advocates: Watch courtroom proceedings or recordings of trials to
learn from the techniques employed by experienced lawyers.

● Seek Mentorship: Seek guidance from experienced advocates who can provide feedback
and help refine your advocacy skills.

Conclusion

Adv. Sayyed's lecture provided valuable insights into the essential skills required for successful
advocacy. By developing a strong foundation in legal knowledge, honing communication skills, and
actively seeking opportunities to practice, law students can cultivate the necessary tools to excel in
the courtroom.

8. Report on Special Lecture delivered by Adv. P.R.Katneshwarkar on CPC and

Practice (16/03/2024)
Introduction

This report summarizes the key points discussed in a special lecture delivered by Adv. P.R.
Katneshwarkar on the Code of Civil Procedure (CPC) and Practice on March 16th, 2024. The lecture
focused on equipping law students and legal professionals with a deeper understanding of the CPC
and its practical application in courtroom proceedings.

The Code of Civil Procedure (CPC):

Adv. Katneshwarkar likely provided an overview of the CPC, highlighting its role in governing civil
lawsuits in India. Key aspects covered might have included:

● Objectives of the CPC: Ensuring fair and just adjudication of civil disputes.

● Structure of the CPC: The different parts and provisions outlining the framework for civil
lawsuits.

● Key Stages of a Civil Suit: The CPC likely outlined the various stages involved in a civil suit,
from filing a plaint to execution of the decree.

Focus on Practical Application

Building on the CPC knowledge base, Adv. Katneshwarkar likely emphasized the practical application
of the code in courtroom settings. This might have involved:

● Interpretation of Specific Provisions: Analyzing and explaining how courts interpret and
apply specific provisions of the CPC in real-world scenarios.

● Evidentiary Procedures: The CPC lays down rules for presenting evidence in court. Adv.
Katneshwarkar may have elaborated on these procedures and their practical application.
 ● Drafting Court Documents: The lecture might have provided guidance on drafting essential
court documents like petitions, applications, and written statements as per CPC
requirements.

● Court Etiquette and Procedures: Following proper courtroom decorum and procedures is
essential. Adv. Katneshwarkar may have offered insights into appropriate courtroom
behavior and adherence to CPC-mandated procedures.

Importance of CPC Knowledge

A thorough understanding of the CPC is crucial for anyone involved in civil litigation. The lecture by
Adv. Katneshwarkar likely emphasized the importance of:

● Effective Representation: Lawyers who possess a strong understanding of the CPC can
effectively represent their clients in court.

● Efficient Dispute Resolution: Proper application of the CPC can streamline civil lawsuits and
lead to faster resolution of disputes.

● Upholding Procedural Fairness: The CPC ensures that both parties in a civil suit have a fair
chance to be heard and present their cases.

Conclusion

Adv. P.R. Katneshwarkar's lecture provided valuable insights into the CPC and its practical
application in civil court proceedings. By understanding the intricacies of the code and its practical
implications, law students and legal professionals can navigate the courtroom with greater
confidence and contribute to a more efficient and just civil justice system.

9. Write a detailed note on client interviewing techniques

Effective Client Interviewing Techniques

A successful lawyer-client relationship hinges on effective communication, and client interviews are
the cornerstone of establishing that foundation. Here's a detailed breakdown of techniques to
optimize client interviews:

Preparation is Key:

● Review the Case File: Familiarize yourself with the client's case details before the interview.
This demonstrates attentiveness and allows you to tailor your questions.

● Set the Agenda: Briefly outline the interview's goals and the information you need to gather.

Creating a Comfortable Environment:

● Physical Space: Choose a private, comfortable space that fosters open communication.
 ● Rapport Building: Greet the client warmly, introduce yourself, and establish a rapport
through small talk.

● Active Listening: Pay close attention, make eye contact, and use nonverbal cues to show
you're engaged.

Effective Questioning Techniques:

● Open-Ended Questions: Encourage the client to narrate their story freely. Examples: "Can
you tell me what happened?" or "How did this situation make you feel?"

● Clarification Questions: Ensure you understand the client's perspective. Examples: "Can you
elaborate on that point?" or "So, if I understand correctly..."

● Closed-Ended Questions: Guide the conversation and confirm details. Examples: "Did you
witness the event yourself?" or "When did this take place?"

Active Listening and Empathy:

● Summarize and Paraphrase: Restate key points to ensure understanding and demonstrate
you're actively listening.

● Show Empathy: Acknowledge the client's emotions and validate their concerns.

● Avoid Interruptions: Allow the client to complete their thoughts before asking questions.

Managing the Flow of Information:

● Gently Redirect: If the client goes off track, politely redirect them to relevant topics.

● Control the Pace: Maintain a comfortable pace, allowing enough time for detailed
responses.

● Take Notes: Document key points, dates, and any inconsistencies for future reference.

Setting Expectations:

● Explain the Legal Process: Briefly outline the next steps and potential timelines involved in
the case.

● Discuss Fees and Costs: Be transparent about billing practices and potential associated
costs.

● Establish Communication Channels: Clearly define how the client can reach you with further
questions.

Additional Tips:

● Be Objective: Avoid expressing personal opinions or judgments during the interview.

 ● Maintain Confidentiality: Assure the client that all information will be kept confidential.

● Respectful Communication: Maintain a professional and respectful demeanor throughout

the interaction.

10. Two Trials observed by you in Court

Trial 1: Contract Dispute

Setting: A civil courtroom with a judge presiding.

Plaintiff: Sarah Jones, a young entrepreneur, claims a breach of contract by her former business
partner, Michael Lee.

Dispute: Sarah and Michael co-founded a clothing line. Their written contract stipulated a profit-
sharing ratio and ownership of designs. Sarah alleges Michael is withholding profits and using her
designs for his own ventures.

Trial Highlights:

● Sarah's lawyer presents the contract document and receipts to substantiate her claims.

● Michael's lawyer argues the contract was ambiguous and negotiations for an amended
agreement were underway when the partnership dissolved.

● The judge allows witness testimony from a former employee who corroborates Sarah's
design ownership claims.

Outcome:

After deliberation, the judge finds in favor of Sarah. The court orders Michael to pay Sarah a specific
sum as compensation for withheld profits and unauthorized use of her designs.

Trial 2: Traffic Violation with Felony Charges

Setting: A criminal courtroom with a jury.

Defendant: Mark Robinson, a middle-aged man, is charged with DUI (driving under the influence)
and reckless endangerment.

Incident: Mark was allegedly speeding and driving erratically when he caused a multi-car accident.
Fortunately, no one was seriously injured.

Trial Highlights:

● The prosecution presents police reports, breathalyzer test results, and witness testimonies
from officers at the accident scene.

● Mark's lawyer argues that the breathalyzer results were faulty and questions the accuracy of
witness statements.
 ● Mark takes the stand, claiming he swerved to avoid a sudden obstacle on the road.

Outcome:

The jury finds Mark guilty of reckless endangerment but not DUI due to doubts raised about the
breathalyzer test. The judge sentences Mark to probation and community service, with a suspended
driver's license.

11. Write a note on Framing of Issues

Framing of Issues in Court Proceedings

Framing of issues is a crucial step in any lawsuit that sets the stage for the entire court process. It
essentially defines the battleground for the legal arguments between the parties. Here's a
breakdown of what framing of issues entails:

Purpose:

● Identify the core legal questions in dispute between the plaintiff and defendant.

● Narrow down the focus of the case to prevent irrelevant arguments and ensure a fair and
efficient trial.

● Provide clarity for the court, lawyers, and witnesses about what needs to be proven.

Who Frames the Issues?

● Typically, the court frames the issues after considering the pleadings (written statements)
filed by both parties - the plaintiff's complaint and the defendant's response (answer).

● In some cases, lawyers may propose their framing of issues, but the judge has the final
authority.

Elements of a Framed Issue:

● Factual Issues: These relate to the events or circumstances that gave rise to the lawsuit.

o Example: "Did the defendant breach the terms of the contract?"

● Legal Issues: These involve applying relevant laws and legal principles to the established
facts.

o Example: "Does the alleged breach of contract constitute a material violation?"

Benefits of Proper Framing:

● Streamlined Proceedings: Clear framing ensures the case focuses on the contested points,
preventing unnecessary arguments and delays.
 ● Focused Evidence: Lawyers can tailor their evidence and arguments to directly address the
framed issues.

● Fair and Just Outcome: A well-defined framework helps the court reach a clear and well-
reasoned decision.

Example:

A lawsuit arises from a property damage dispute. The plaintiff claims the neighbor's faulty plumbing
caused water damage to their home. Here's a possible framing of issues:

1. Factual Issue: Did the plumbing system in the defendant's property malfunction, causing
water leakage?

2. Legal Issue: If the plumbing system malfunctioned, was the defendant negligent in
maintaining it?

3. Factual Issue: Did the water leakage from the defendant's property cause damage to the
plaintiff's home?

4. Legal Issue: If the water leakage caused damage, is the defendant liable to compensate the
plaintiff for the repairs?

Conclusion:

Framing of issues is a critical step that lays the groundwork for a successful trial. By clearly defining
the legal questions at stake, the court ensures a focused and efficient legal process that leads to a
just resolution.

12. Examination of Witnesses

Examination of witnesses is a fundamental aspect of any trial. It's where lawyers present their case
through witness testimonies and challenge the opposing side's narrative. There are two primary
methods of examination:

1. Examination-in-Chief:

● Conducted by the party who called the witness (usually the plaintiff in a civil case or the
prosecution in a criminal case).

● Aims to elicit favorable testimony that supports the lawyer's case.

● Lawyers typically use open-ended questions to allow the witness to narrate their story and
provide details that strengthen the case.

● Leading questions (suggesting a desired answer) are generally not allowed during
examination-in-chief.

2. Cross-Examination:

● Conducted by the opposing party after the examination-in-chief.

 ● Aims to discredit the witness's testimony, expose inconsistencies, or highlight weaknesses in
their account.

● Lawyers use a mix of open-ended and leading questions to challenge the witness's memory,
perception, or bias.

● However, there are limitations on leading questions, and the judge may intervene if they
become overly suggestive.

Key Points to Remember:

● Preparation is Key: Lawyers thoroughly prepare their witnesses beforehand, anticipating

potential questions and ensuring they understand the case.

● Demeanor: Lawyers strive to maintain a professional demeanor while examining witnesses,

projecting confidence and credibility.

● Objections: Lawyers can raise objections if they believe the opposing side's questions are
improper or misleading. The judge then decides whether to allow or disallow the question.

● Re-Examination: After cross-examination, the party who called the witness may be allowed
a brief re-examination to clarify any points raised during cross-examination or address any
damage done to their testimony.

Effective Witness Examination Techniques:

● Active Listening: Pay close attention to the witness's responses and be prepared to follow
up with clarifying questions.

● Clear and Concise Questions: Ensure the questions are easy for the witness to understand
and answer directly.

● Control the Pace: Maintain a controlled pace, allowing the witness enough time to
formulate thoughtful responses.

● Nonverbal Communication: Maintain appropriate eye contact and body language to build
rapport with the witness and the jury (if present).

By mastering these examination techniques, lawyers can effectively present their cases through
witness testimonies and influence the court's decision-making process.
Note: You all are required to submit your diary and Certificate issued by Advocate at the time of Viva
Voce

Subject Teacher