This document provides tips and guidance for participating in moot court competitions. It discusses why students should participate, how to form an effective team, how to approach a moot problem through thorough research and analysis, how to draft an award-winning memorial, and the basics of effective oral arguments. The key takeaways are to thoroughly research the facts and law, structure arguments logically, cite supporting cases accurately, and demonstrate strong public speaking and critical thinking skills during oral rounds.
This document provides tips and guidance for participating in moot court competitions. It discusses why students should participate, how to form an effective team, how to approach a moot problem through thorough research and analysis, how to draft an award-winning memorial, and the basics of effective oral arguments. The key takeaways are to thoroughly research the facts and law, structure arguments logically, cite supporting cases accurately, and demonstrate strong public speaking and critical thinking skills during oral rounds.
This document provides tips and guidance for participating in moot court competitions. It discusses why students should participate, how to form an effective team, how to approach a moot problem through thorough research and analysis, how to draft an award-winning memorial, and the basics of effective oral arguments. The key takeaways are to thoroughly research the facts and law, structure arguments logically, cite supporting cases accurately, and demonstrate strong public speaking and critical thinking skills during oral rounds.
This document provides tips and guidance for participating in moot court competitions. It discusses why students should participate, how to form an effective team, how to approach a moot problem through thorough research and analysis, how to draft an award-winning memorial, and the basics of effective oral arguments. The key takeaways are to thoroughly research the facts and law, structure arguments logically, cite supporting cases accurately, and demonstrate strong public speaking and critical thinking skills during oral rounds.
A presentation by Adv. Vibhanshu Srivastava Founder and Managing Partner, Risis Legal Date: April 26, 2020 www.indianlawconclave.com/webinar.html Let’s begin! Why should one participate in moot courts?
• Because you are in a law school now, shortly before you are in a Court of Law. • This is an exciting way to learn law. • The law that you learn while participating in this rigorous exercise, stays with you forever. Why should one participate in moot courts?
• Command over English is a must for lawyers, what better time to ace it while you are still in the law school. • To network. • Your journey of mastering the fine art of DRAFTING begins here. Why should one participate in moot courts?
• To overcome your fear of public speaking
• To ace how to use tools of legal research, something which you'll keep using your whole life now here onwards. • It’s a win-win for you, whether you loose or win in a moot competition. • To feel the heat of competition. How do I come select my team members, to form an ideal team?
• Look out for people who are industrious and hardworking.
• These people need not necessarily be the merit holders. • Look for proven track record. How do I come select my team members, to form an ideal team?
• Look for subject experts.
• Look for people with whom you are comfortable working. • Do not pre-assign any role to yourself while you are still on the hunt for your team members. How do I come select my team members, to form an ideal team?
• Look out for people who can meet deadlines.
• Look out for people who are smarter than you. • Have convincing public speakers by your side. • Search people who love being in the library, this is where you'll be spending most of your time preparing. So, how does one approach a moot problem?
• Read it, read it, read it! Keep reading it until you memorize it, para- wise. • You should ace all the facts, chronologically.Having command over the facts is very important. • Interpret, what the moot problem says. How to approach a moot problem?
• Get to its root.
• Find out what are the contentious points/issues involved in it. • Make a list of all the laws, statutes, rules, regulations and circulars governing the problem. How to approach a moot problem.
• Discuss the problem with your friends, seniors, other participants; before you start researching. • Break the issues into sub-issues. This make your research work easier and structured. • Be clear in your head as what you are looking at, before you start researching. • Divide the issues amongst your team mates, so that the research work is distributed. How do I start researching?
• Primary research sources should be your point of start.
• Head to the library. • Start looking into the concerned statutes. Pick-up the bare-act first. How do I start researching?
• Advert to text books and later to subject commentaries.
• Start making notes on provisions of law that aide your case. • Do not ignore the preliminary issue on maintainability. How do I start researching?
• Start pulling out case laws in support of your case.
• Gradually shift to legal search engines to narrow your search. • Once you identify the supporting cases, look into their case- history/case-map (for each of the case separately) How do I start researching?
• Do not rely on over-ruled case.
• While researching using online legal databases, your research should have depth. • Research should be sweeping, vast and penetrative, to make sure you miss nothing How do I start researching? • Fine-tune your research, going forward. • If you hit a roadblock during your research, seek help from specialist legal practitioners, your teachers and seniors in college. • Neatly compile all your research material, to be collated in your memorial. • Also, make a note of everything that's against you. This helps in in understanding your adversaries case. Tips on drafting an award winning memorial.
• Decent research is job half done.
• This involves nothing more than transcribing your oral arguments. • Approach your seniors and ask them for their award winning memos, take a cue from it with regards to formatting styles, presentation etc. Tips on drafting an award winning memorial.
• Before you start drafting your memorial, carefully read the rules prescribed by the organizers, if any. • See if the rules prescribe: any font, word-limit, citation style to be followed and other rules. • Explain your arguments in a plain and simple language. Tips on drafting an award winning memorial.
• There should be a healthy mix of facts and law.
• Use short sentences. • Support your arguments with case laws with proper footing/end- noting. Tips on drafting an award winning memorial.
• Presentation and formatting should be immaculate.
• Formatting should be uniform. Pay special attention and ensure uniform font style, line-spacing, heading styles etc. • Discuss facts, then apply law to facts. Tips on drafting an award winning memorial. • Give your reasoning. • Braking issues into sub-issues always advisable. This ensure proper fragmentation. • Pay special attention to your index of authorities, statement of jurisdiction and statement of facts. • Use facts, as they are. Deciphering something out of it which they do not even remotely suggest/make-out, is discouraged. Basics of oral arguments
• The speakers should be thorough with all the issues and not just the issues being dealt by them. • Be polite on the dias. • Address the judges on the maintainability of the case first. Basics of oral arguments
• Thereon, address the Court on your strongest issues first.
• Carry all the material to the Court on which you've relied in building- up your case. This would include bare-acts, judgements, articles, law- reports etc. • Be focussed when you deliver your arguments. Basics of oral arguments
• Structure your arguments so as to ensure a smooth delivery.
• Do not be swayed away when a judge starts questioning you. • After answering a question, resume with your arguments from the point where you left it. Basics of oral arguments
• You are grilled to test your composure. Stay rock solid!
• Mannerism is the key. • Be all ears, when a judge speaks. Never cross a judge while he's speaking. Basics of oral arguments
• Do not jump to the answer(even if you know it), before listening to
the question completely. • Do not try to be over-smart. • Be articulate. • Use modulations in your voice. Basics of oral arguments
• Seek permission from the judge before quoting from anywhere.
• If you are questioned on any legal issue not being dealt by you, never say that your co-counsel is going to answer it. • Try answering all the queries.Your co-counsel is only going to further strengthen the case. • Knowing your whole case is necessary, even if cursorily. Basics of oral arguments
• Keep a copy of all the judgements that you have cited in your memo. • You are expected to know the facts of the judgements that you rely upon. • Seek Court's permission before passing on any material to the Court. • Be watchful, sometimes the judges might give you a hint; try put things in your mouth, which they want to listen from you. Do not miss out on these brownie points. Basics of oral arguments
• They will also bargain with you, that's where they'll test if you can think on your feet or not. • Do not be REPETITIVE! • Time management is important. • Never contradict your co-counsel, not even inadvertently. Basics of oral arguments
• Do not let your emotions take over you.
• Be audible. • Summarize your arguments if you have time on your side. • If you over-step the time limit, continue only after seeking permission. Basics of oral arguments
Lastly, • Keep a tab on time. • Judges are there to confuse you, go steady. • Rehearsing is important. Practice your arguments before the mirror, your researcher or other team members. Alexis Group, India's leading federation of youth organizations is recruiting students for leadership roles in research, event management, public relations, social media management, blogging, graphic designing, photography, videography and social impact projects.
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