Moot Training 1

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Moot training:- 9th August,2019

MOOT PROPOSITIONS

1. Set of hypothetical facts


2. Open ended legal issues
3. Many laws applicable

DECONDING MOOT PROPOSITIONS

Step:-1, Reading the Moot Proposition

1. Continuous process; read it 50 times if required


2. While reading mark out the following:
 New words
 Names of student
 New concepts

Step:-2, Researching on new topics

1. Statute/ Legal issue


 Bare acts/ books by reputed authors (D D BASU for moot competition)
2. Definitions
 Black’s law dictionary
3. Case law
 Manupatra/ SCC online- keywords
 Indian kanoon (worst case scenario)
4. Articles
 Westlaw/Hein online/ Jstar
5. General
 Google / Wikipedia(use caution)

Hierarchy of authorities


Memorial/ Memorandums

 Records arguments in entirety


 Can’t have a favorite side
 No perfect way to prepare memos

Common features of best memorial

 Simple and impactful


 Well formatted
 Uniform and consistent throughout
 Substantial no. of citations
 Paragraphs don’t exceed 7 lines

Rules for the moot rules

 Create a cheat sheet of the rules


 Teams lose marks in:
 Font and font size
 Line spacing
 Uniform citation
 Page limit
 Plagiarism
 Anonymity

Last TIP of the session

 Pull out past best memos and check:


 Similar issues
 Formatting outlook
 Drafting pattern
 Talk to past participants (to be a winner, learn from the losers)

Cover Page

 Always check the rules first


 Standard contents:
 Team code
 Name of moot
 Name of forum
 Case no.
 Case provision and statute
 Subject matter
 Name of parties
 Memorial slide

Issues raised

 Issues may or may not be provided


 Want to add issues when they are provided? Good idea, but be confident
 Will issues be the same from both sides? Yes, except defendant maintainability
 Option to skip issues not contested by counterparty while arguing

Summary of arguments

Prayer

 100% judges would look at it


 cannot exceed 1 page
 Ask for issue-wise relief; can include maintainability
 Can ask for innovative reliefs
 For constitutional law moots, always research on all types of writs

Tip of the session

 Never ignore sections like SOJ, SOF and issues raised


 Finish section like SOJ and SOF

Date:-11th August, 2019

Preparing your strategy

 Know what your moot is inspired by


 Managing the time – 20/20 rule
 Prioritizing arguments and alternative arguments
 Preparing a transcript and pleading book

Preparing the facts

 Focus on facts that help your case


 Dealing with interruptions
 Story telling in short sentences
 Skipping the fact outline altogether
Structure of oral submissions

 Introducing yourself and first impressions


 Establishing / challenging jurisdiction
 Issue – Law – facts and conclusion
 LAW- Facts – Conclusion
 Statement of position – LAW – facts – conclusion
 Presenting your prayer in a statement of position

How to refer to citations

 Citing case law- citing bench, judge, year, PARA.


 Citing legal provisions- break down the section
 Citing ratio V. citing obiter

Structure of rebuttals and sur- rebuttals

 Rule of 3- pick your best points


 Deciding who should lead the rebuttals
 Correcting the other side V. presenting your counter

Entering your courtroom

Court room soft skills

 Eye contact and engagement


 Distracting the bench
 Voice modulation
 Directing responses to your next arguments
 Team cohesion

Dealing with an ugly bench

 Dealing with detours


 Know when to ask for extra time
 When to defer to your co-counsel
 Doubting your case
 Take nothing personally

Spoken etiquette

 “In conclusion” V. “I rest my case”


 “I disagree your lordship” V. “considering, your lordship”
 “Lady….Lord….Ladyships?
 “Your honor”, “Sir/ Ma’am”, “Your Lordships/Ladyships”
 “My humble submission” V. “In my opinion” V. “We submit”

Managing quirks

 Managing a stammer
 Looking lost
 Displaying disagreements with co counsel
 Overusing your hands
 Bowing too often

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