Moot Court Memorial Drafting

Memorial Drafting

1. Cover page
2. Table of contents
3. Index of authorities
4. Table of abbreviations
5. Statement of jurisdiction
6. Statement of facts
7. Issues raised
8. Summary of arguments
9. Arguments advanced
10. Prayer
Cover Page
 Table of Content

It contains a list of chapters and paragraphs that are

included in the memorial. We can also mention page
numbers of chapters and paragraphs.
By mentioning page numbers it will be easy for the
judges and speakers to find out the mentioned
arguments. The argument is the most complex part of
the brief.
Therefore, the headings and subheadings used within
the argument section should also be listed in the Table
of Contents with the corresponding page number.
 Index of authorities

In this all the materials which support your argument have to be
added. The authorities of Supreme Court and High courts, foreign
judgments, statutes, and parliamentary debates are mentioned
under the index of authorities.
Sources refer through articles, text books, journals, and websites are
also mentioned.
This is not only helpful for the speaker but also useful for the judge
and other side speaker to easily determine what case laws,
constitutional provisions, statutes or other materials are being cited.
Uniform citation method has to be followed. Citation is crucial part
of memorial; it should be in correct format.
Citation helps to determine from where the certain cases, statutes
or other materials have been taken. It gives easily reference to the
judges from where certain part has been taken.
 List of abbreviations

It should contain all the abbreviations used in your

memorial.
Each abbreviation should contain the full meaning
and in whole memorial same abbreviation should be
followed.
It is also necessary for the speaker to know what
abbreviations they are citing in their memorial.
Example
 Statement of jurisdiction

Jurisdiction is the most important part of

memorial.
The jurisdiction of the court should be clearly
mentioned with the reason.
Finding the proper jurisdiction is very important.
Judges surely ask questions and thereby it is
important to know the jurisdiction of the court.
 Statement of facts/ Synopsis of facts
These statements of facts/ synopsis of facts are an important part in
memorial presentation.
It generally convinces the court about your client’s position and its
point of view.
A judge may be well versed in law but he doesn’t know about the facts
of your particular case.
So, a brief summary of facts have to be written clearly in the beginning
of the memorial but generally it should not be more than two pages.
Knowing of facts in brief is very necessary, so it is important for a
speaker to go through the facts carefully and only relevant facts should
be mentioned in your memorial.
Facts should not be uninteresting. It should be in a manner that a
person enjoys reading and it proves on your side.
The facts should not be assumed one; it should be real as given in the
proposition.
 Statement of issues
This is a short introductory statement of the legal issues or
points of law involved in the case.
It tells the judges precisely what legal issues the speaker wants
the court to decide.
These statements should be phrased to help one to argue for a
particular conclusion rather than simply against the other side.
These issues are stated in question form and should be phrased
in such a way that it showed on its favor side. These issues are
very short and not lengthy so as to make an individual
understand the very essence of it.
They are not more than one sentence.
The sentence should start with ‘Whether’ and end up with the
‘Question mark’.
 Summary of arguments

This is a brief summary of arguments based

on the issues raised.
It is short introductory of issues mentioned
in your memorial and each argument should
not be more than one paragraph.
It only shows what you are arguing for in
brief.
 Arguments advanced

This is the heart and soul of the memorial.

Every part of the argument must be supported by
legal authority.
Arguments should be well-organized and convincing.
 Each point the team wants the court to consider in
deciding the case must be described, the reasons
explained with appropriate references to research
materials used, and text citations should be inserted
as frequently as needed.
Then, address contentions anticipated to be brought
up by the opposing party.
 Conti…

The argument should be written in forceful, active,

positive language.
It is best to avoid the passive tense.
Headings and subheadings are used to help in clearly
organizing the arguments.
The same structure of headings and subheadings
should be summarized in the Table of Contents.
The idea is to do everything in terms of both form and
substance to help the court understand the
reasonableness and logic of the argument, and thus
decide in one’s favour.
 Prayer

It is the relief claimed by the parties which should be

clearly mentioned.
More than one relief can be claimed in one cause of action.
Following the prayer signature of the counsel must be
stated.
This acts as the ending of the Memorial.
This clearly declares what an individual be it a petitioner or
the defendant actually wants from the Court in his favour.
This is the relief mentioning sentence, and in it the basic
motive of filing the suit is mentioned through reliefs
claimed.