MOOT COURT DEFINITION

Moot court is a co-curricular activity at many law schools. Participants take part in
simulated court or arbitration proceedings, usually involving drafting memorials or
memoranda and participating in oral argument. In most countries, the phrase "moot
court" may be shortened to simply "moot" or "mooting". Participants are either referred
to as "mooters" or, less conventionally.

Format and structure

Moot court involves simulated proceedings before an appellate court, arbitral tribunal, or
international dispute resolution body. These are different from mock trials that involve
simulated jury trials or bench trials. Moot court does not involve actual testimony by
witnesses, cross-examination, or the presentation of evidence, but is focused solely on
the application of the law to a common set of evidentiary assumptions, facts, and
clarifications/corrections to which the competitors are introduced.[1] Though not moots
in the traditional sense, alternative dispute resolution competitions focusing
on mediation and negotiation have also branded themselves as moot competitions in
recent times, as had role-playing competitions in the past. This is also true for role-play
contests such as the Jean-Pictet
Moot court, like law review and clinical work, is one of the key extracurricular activities in
many law schools around the world. Depending on the competition, students may spend
a semester researching and writing the written submissions or memorials, and another
semester practicing their oral arguments, or may prepare both within the span of a few
weeks. Whereas domestic moot court competitions tend to focus on municipal law such
as criminal law or contract law, regional and international moot competitions tend to
focus on cross-border subjects such as EU Law, public international law (including its
subsets environmental law, space law, and aviation law), international human rights
law, international humanitarian law, international criminal law, international trade law,
international maritime law, international commercial arbitration, and foreign direct
investment arbitration. Ancillary issues pertaining to jurisdiction, standing, choice of law,
and remedies are also occasionally engaged, especially in arbitration and international
law moots.
In most moot court competitions, there are two sides and each side is represented by two
speakers or oralists (though the entire team composition may be larger, and the number
of speakers may range from one to four) and a third member, sometimes known as of
counsel, may be seated with the speakers. Each speaker usually speaks between 10 and
25 minutes, covering one to three main issues. After the main submissions are completed,
there will usually be a short round or two of rebuttal and even surrebuttal.
Communications between speakers may or may not be prohibited. Throughout the
 course of the submissions, judges — usually lawyers, academics, or actual judges — may
ask questions, though in some competitions questions are reserved to the end of
submissions.
In larger competitions, teams have to participate in up to ten rounds; the
knockout/elimination stages are usually preceded by a number of preliminary rounds to
determine seeding (power seeding is often used). Teams almost always must switch sides
(applicant/appellant/claimant on one side, and respondent on the other) throughout a
competition, and, depending on the format of the moot, the moot problem usually
remains the same throughout. The scores of the written submissions are taken into
consideration for most competitions to determine qualification (whether for the
competition or for the knockouts) and seeding, and sometimes even up to a particular
knockout stage. Participation in moot court are relevant to some law school rankings.

2. MOOT COURT-MEANING
Moot derives from gemōt, an Old English name for a judicial court. Originally, moot referred to either
the court itself or an argument that might be debated by one. By the 16th century, the legal role of
judicial moots had diminished, and the only remnant of them were moot courts, academic mock courts
in which law students could try hypothetical cases for practice. Back then, moot was used as a synonym
of debatable, but because the cases students tried in moot courts were simply academic exercises, the
word gained the additional sense "deprived of practical significance." Some commentators still frown
on using moot to mean "purely academic," but most editors now accept both senses as standard.

3. MOOT COUT- IMPORTANCE

Mooting is a type of oral procedure comparable to that of a court case that is used mostly in
institutions and colleges where the law is taught to assess a student’s ability to defend a legal
case.

A realistic court situation is set up, with students acting as Councillors (Advocates) and presenting
each side, Plaintiff and Defendant, using evidence. They argue with each other to prove their
position in front of the judge, who then renders his verdict and determines the winner based on
the relevant questions of law.

A Moot Court is a miniature version of a real courtroom where legal processes and trials are held.
It is also known as a Mock Court, in which law students act as professionals and assume all of the
responsibilities and duties assigned to them to demonstrate their ability to think creatively,
answer convincingly when questioned, and demonstrate their oratory, writing, and persuasive
skills.
Mooting is an important component of a student’s education if they plan to become a lawyer
soon because it will assist them and make their work easier and present in a real courtroom. By
studying at a university or college, a student can acquire the closest experience of a courtroom.

Mooting is an exercise that helps a law student develop all of the necessary habits and grasp all
of the court’s policies and processes to better prepare him for his future. Moot Court
Competitions are held all over the world for the same reason so that students from all over the
world can interact with one another and better comprehend the notion of mooting.

IMPORTANCE OF MOOTING
Collaboration
One of the most beneficial aspects of mooting is that it allows you to meet and socialize with a
large number of people from all around the world. As students from various schools and
institutions come together to represent themselves, it provides an opportunity for them to gain
exposure to the outside world.

Writing and Researching Skills

Participating in moot court contests helps students to improve their research abilities because it
is based on their research that they will be arguing their case and defending their side, as well as
constructing a good moot court memorial on which the opposing team will raise objections and
interrogate them. This can also help them to improve their skills in adapting to sudden situations
and dealing with uncomfortable scenarios.

Building Self-Belief
Mooting helps a person gain confidence in talking and presenting their point of view to others. It
aids in the development of a person’s confidence to the point where they are not afraid to
question or speak in front of others and can effectively fight cases.

Practical Experience
Mooting assists students who are studying law by providing practical implications and knowledge
that they would not find in books and would be unaware of, as practical and theoretical
knowledge is like two sides of the same coin, and to pass the hurdle you must study both of them,
even though they appear to be the same but are opposite in reality.

Collaboration
Moot court contests are held at the school or institutions that host them, and teams from several
colleges compete. The team consists of three students, one of whom serves as the researcher
and the other two as presenters, expressing opposing viewpoints. This teaches students how to
work successfully as a team and examine their strengths and weaknesses, as well as how to
improve them to reach optimum efficiency. It also teaches you how to work with people who are
different from you and how to collaborate with them.

4. PURPOSE OF MOOT COURT

It is also known as a Mock Court, in which law students act as professionals and assume all of the
responsibilities and duties assigned to them to demonstrate their ability to think creatively,
answer convincingly when questioned, and demonstrate their oratory, writing, and persuasive
skills

The participation in Moot Court competitions train the law student with the required skills which
is necessary in the courts of law when they start their professional Journey

A moot court is and artificial court prepares for the law students whereas a court is always
establish by an act and it is judicial process. In a moot court the students have to argue on the
law point only whereas in a real court the filings, arguments are done as per the law and
procedural rules.

Mooting is a representation of a court proceeding, involving oral proceedings. It includes written

submissions in the form of a complaint and written statement. Participating teams are allotted a
side that they ought to defend. This allotment of parties takes place a day before the competition

5. PROPERTIES OF MOOT COURT

The process of mooting is not the same as public speaking or debating, moot courts are more
interactive in nature and there is cross-questioning. Moot courts have two teams- Defendants
and Respondents. The mooting presents a hypothetical case and both teams are required to
research it and represent their arguments

A moot court is a mock court hearing usually in an appeal stage, where the participants make
oral submissions before the judges after analysing a legal problem. The participants have to
research the relevant laws, draft written memorials and plead their case before the panel of
judges.

A moot court is a mock court hearing usually in an appeal stage, where the participants make
oral submissions before the judges after analysing a legal problem. The participants have to
research the relevant laws, draft written memorials and plead their case before the panel of
judges.
The facts should not be assumed one; it should be real as given in the proposition. 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.

When Lawyer and Client Meet: Observations of Interviewing and

Counseling Behavior in the Consumer Bankruptcy Law Office

What happens when lawyer and client first meet? How do they talk, how do they listen, what do
they say, and what do they do? The answers to these questions are generated, and then lost, in
thousands of law offices daily. There is thus a treasure of information, but it is mostly hidden
from our view by legal barriers that protect privacy and confidentiality and by other barriers,
economic, psychological, and logistical, that inhibit or preclude third party observation of lawyer-
client contact. This Article reports an exploratory journey in search of that treasure, a journey
into six law offices in the metropolitan areas of two states. In these offices I observed the initial
consultation between consumer bankruptcy lawyers and individuals seeking legal assistance in
connection with personal financial distress. The report of my observations introduces Lawyers A
through F, each of whom devotes a significant portion of their time to consumer bankruptcy
counseling. It describes the general structural characteristics and pertinent details of the
consumer bankruptcy law practice of each lawyer. The report also identifies the differing
attitudes of these lawyers about the alternative solutions to the financial distress of their
consumer bankruptcy clients and reveals significant differences in the structure, content, and
style of their interviewing and counseling behavior. This prosaic description is complemented by
samples of dialogues between the lawyers and clients whom I observed.

I have strived to observe carefully and to report faithfully. To the extent of my success in that
effort, the descriptions of lawyer-client contact that follow offer a meaningful picture of
interviewing and counseling behavior in the metropolitan consumer bankruptcy law office.
Pre-Trial Preparation and Training Diary
The Oriental Insurance Co. Ltd v. Hansrajbhai V. Kodala & Ors
(2001)
In this case, the question was with regard to whether a claim for compensation under
Section 163A on the structured formula basis would be in addition to or an alternative
measure to a claim for compensation under Section 140 of the MVA.

The Court held that the compensation granted under Section 163A is a final measure and
not an interim one. As such, the adjustment of compensation paid under Section 140 is
awarded under the fault liability principle that is payable under Section 168 of the MVA and
not under Section 163A.

Thus, Section 163A excludes the payment of compensation on the basis of the fault and the
addition to claim compensation under Section 163A is in addition to Section 140 was
rejected by the Court.

National Insurance Co.Ltd v. Sinitha & Ors (2011)

In this case, the question posed to the Court was with respect to whether a
claim under Section 163A of the MVA fell under the principle of fault or no-fault
liability.

The rationale that helped the Court arrive at its decision, in this case, was the
fact that since it was open to the concerned party to defeat any claim under
Section 163A on the grounds of wrongful act/neglect/default unlike a claim
under Section 140. Although Section 140(3) is similar to the provision under
163A which states that the aggrieved party need not establish the wrongful
act/neglect/default of the opposite party, a provision similar to Section 140(4) is
absent. This gives the opposite party a chance to defeat the claim. From this
rationale, it is evident that the burden of proof rests on the defence and as
such, it is founded on the fault principle.

Further, the titles of both the sections themselves clearly state their intention
i.e. ‘No fault’ as compared to ‘Third-party risks’. The Court held that although
the structured formula basis was a shortcut to provide a quick remedy, it can
still lead to a substantial claim and thus cannot be banned from any defense as
in the no-fault principle. The overriding effect of Section 163A would still prevail
as the same cannot be diluted.
Insurance against third party risks
The insurance against third party risks refers to the safety net granted to third
parties who are any individuals other than the insurer and the holder of the
insurance policy. The third-party has been given an inclusive definition to cover
all possible individuals including the Government. The onus of payment rests on
the insurer who is responsible to cover all liabilities that may arise in the case of
death or bodily injury caused to any person, property or third party arising out
of the use of the vehicle covered by the insurance policy in a public place.

It also includes the liability in the case of death or bodily injury to any
passenger of a public service vehicle, damage of third party property and
death/bodily injury of the third party even if it occurs in a place other than the
place of use of the vehicle due to an act of omission. There are certain
limitations to the liability of the insurer which are enumerated under Section
147 of the Act.

Loss of consortium and loss of love and affection

The Supreme Court of India in the case of The New India Assurance Company
vs. Somwati (2020) dealt with the issue of whether only the wife of the
deceased in a motor vehicle accident is entitled to a consortium or whether the
same can be awarded to the parents and children of the deceased as well. The
concepts dealt with in this case was that of parental, filial and spousal
consortium. The Court thus upheld the need for all the aforementioned forms of
compensation as they all fall within the ambit of relief provided to aggrieved
individuals through the beneficial Motor Vehicles Act, 1988. Compensation on the grounds of ‘loss of
love and affection’ was however not granted by the Court as there was no justification of providing the
same under a separate head when it was deemed to be covered under the loss of consortium itself.

Conclusion

In order to provide more stringent measures and an exponential increase in penalties, which were the
need of the hour in order to control issues such as road and environmental health, road safety, the
fitness of vehicles and provide additional means of compensation for victims of road accidents such as
during the ‘golden hour’ and to the ‘Good Samaritan’, the legislature enacted the Motor Vehicles
(Amendment) Act, 2019. This Act also provided for the establishment of a National Road Safety Board
under the Central Government as well as a National Transportation Policy and National Register for
Driving Licenses and Vehicle Registration. Another interesting feature brought forward by this
well as providing
amendment was the inclusion of taxi aggregators under the ambit of the MVA as
for means to obtain driving licenses online and better insurance policies.