By Aditya Gupta
Moot court and Moot Court Competition
Moot court is where a situation like court is developed. Therefore, it can be considered an artificial court. Moot court helps students learn to examine legal issues; its wider aim is to show students the realistic aspect of studying law. A moot court competition simulates a court trial (usually an appeal against a final decision), in which parties evaluate an issue, examine the applicable legislation, prepare written submissions, and make oral argument. Typically, moot issues are set in areas of law that are unsettled or subject to recent developments. Typically they require two grounds of appeal, argued by both sides.
Why Moot Court is important?
As to why moot is important, there are several reasons. Mooting, however, helps students:
· To participate and learn extensively about the current and interesting legal issues,
· To develop their abilities Litigation, legal research, and writing;
· To work together with their colleagues and learn from them
· To demonstrate to potential clients their value in advocacy and experience. Many students consider mooting to be highly enjoyable and intellectually satisfying. It may be stressful and tense but it is a lot of fun.
What are the fundamentals to excel in moot court competitions?
Although the basic to excel in these moot court competitions may vary from person to person based on their own real experiences, The following are some of the basic skills and suggestions that the aspirants must take into account:
1. Selection of Team - For these competitions, the very first move to success is to choose the team wisely. The team can't compete successfully in the match because there is no understanding among the team members.
2. Pick your area of interest - What falls in line after team formation is your field of concern as to what all fields of law are that attract you. When you're doing something different from your area of interest, there's nothing wrong with that; however, the team and research would require more time.
3. Extensive Research - When you have selected a specific field of law and have therefore agreed to engage in a moot court competition, it is suggested that the whole team research thoroughly on each and every point, law, issue involved in the moot proposal. For this, you have to split the research workload as well. Though, it doesn't express that you just have to do your role for yourself; later on, the entire team has to discuss the whole thing with each other.
4. Approaching a Moot proposition - A moot problem is always based on facts. The object of a moot is not simply to present the judge with a legal dissertation but to clarify what the result will be when the law is applied to the facts of a particular case. And it's important to be aware of exactly what the facts are regarding your moot problem. Checking the facts can also be a necessary aspect of every preparation, so you'll most definitely be reviewing the facts to identify the applicable law and the possible legal issues, to begin with.
5. Preparing Memorandum - In preparing a memorandum the following steps must be taken into consideration:
· General Reading: This also requires understanding the rules that are part of the moot proposition.
· Work wisely on the problem
· Relevant case law: Contains decisions of the majority and dissent[
· Read all the major authorities on this very problem
· Prepare the strong responses to likely questions
· Write a brief outline of each argument and practice on a daily basis
· Oral arguments have to be highly effective
· Structure and series of arguments: Memorize the main statement and roadmap insincerity.
· Never speak over a Judge
· Know all your arguments
· Don’t speak from the written pages
· Always answer to the point and be confident
· Conclude with crisp and solid notes
Some helpful pointers for moot court competitions
Except for the above fundamentals, the following are some of the miscellaneous guidelines to be followed during the competition by the team members:
· Commitment to the bench is highly important
· Always regret humbly to the bench if you don't know the response to any question
· Manage the time when making oral submissions
· Do not hurry, read or misjudge authority
· Do not present your case as your opinion and don't ask questions from judges
· Addresses judges with respect
· Wear proper clothing and answer straight away
· Always be credible and argue simply.
Wishing you luck for your moot court competition.