MOOT COURTS

An Overview
AN INTRODUCTION
 A moot court is a simulation of real court to give
students an insight on dealing with a legal
problem and how to present a case in front of the
judge.
 Proceedings in a court room follow a set pattern
of conduct. Right from the attire to the language
and the way we speak and behave follows some
norms which are covered in our presentation.
THE ATTIRE
 In order to argue upon a case in the court room,
one needs to don the specified court uniform. A
standard court uniform includes –
 Black suit with black tie, white shirt and black
shoes.
 No ring in finger or chain in neck.

 No unnecessary accessories.

 No ID or any object which reveals identification

of your college/university.
HOW TO ENTER A COURT
 Bow before the judge as soon as you enter
regardless his attention or presence.
 The appellant has to take left seating and
respondent has to take right; facing the judge
(unless a contrary is arranged).
 If judge enters the court room, stand up, when
judge reaches his chair, bow before him and take
your seat only when the judge is seated.
 When the judge indicates then the first counsel
must approach the podium and bow before the
judge/bench before starting the arguments.
 Single male judge, in both the House of Lords and Court of
Appeal is to be referred to as 'My Lord' or ‘Your Lordship’. A
single female judge can be referred to as 'Your Ladyship’. Avoid
using ‘Your Honour’.
 If a lady judge is present in bench along with male judge then ask
for the permission to address the whole bench as ‘Your Lordship’.
 Introduce yourself by name and then mention the side
represented by you. Don’t mention the college/university name.
However, team code specifically assigned can be mentioned.
 Mention the contentions/ issues/ submissions to be taken up by
you. If the arguments are divided, then also mention the
contentions taken up by the co-counsel
DO’S AND DON'TS
 When judges are consulting amongst themselves, then a
counsel should never interrupt and wait for judges to
instruct to proceed further with arguments.
 Never interrupt a Judge when he is asking or clarifying a
point.
 Never point a finger or behave arrogantly or be hostile
towards opposite party.
 Do not start with the rebuttal by seeking an answer from
the opposite team. Instead, wait for the time reserved for
rebuttal, if there is any such provision made.
 Avoid saying ‘Thank You’; instead use ‘Highly Obliged’
 Seek permission of the judge/ judges to proceed further. This can be
done by mentioning- 'The counsel humbly seeks the permission to
proceed with....’ Don’t use the same line every time you seek
permission. Use different ways to do this.
 Never say, 'May I carry on...’ Avoid using slangs such as ‘yeah, yup,
okay, all right’.

 Preferable salutations
“May it please your Lordship….”
“With the due permission of Your Lordship….”
“The counsel seeks permission……”
Avoid redundancy of narration of facts by counsel for Respondent .
Never display your back to the bench.
CALLING THE CO-COUNSEL
 When the first counsel is finished with his
argument then he should as to permit him to call
his co-counsel to further carry the arguments.
The phrase which is advice to call upon counsel is
“The counsel humbly seeks permission to call
upon the cocounsel who will be
dealing/continuing with…..”
 When permission granted then bow before the
bench and take your seat. Do so without showing
your back.
TIPS FOR THE RESEARCHER
 All the above tips are applicable mainly to
Oralists but researchers should also observe
some of court manners. Court manners are no
exception to researchers, they also play
significant role in presentation.
 Oralists require information for them as well as
passing information to judges. The information
should be passed swiftly and this transit should
be rapid and cautiously done.
 Passing of information can be bifurcated into two
 To judges

If you are sure to pass/quote the information such as

annexure, books, journal, bare acts; then supply it to
the court masters beforehand.
If the oralist requires some material to be passed then
pass the same to court master swiftly.
 To oralist

Use stick notes to convey any information to oralist.

Do not come in between the counsel and bench, just
bend slightly and stick it to podium without
interrupting the counsel.
Use bold barker to write notes so that the oralist can
read it easily. Never speak to oralist or engage in any
conversation.
LEAVING THE COURT
 As the judge leaves his chair, get up and bow
before him.

 Wait for the judges to leave before proceeding out

the courtroom.
MEMORIALS
 Memorials or memorandum are the written
submission made on behalf of the party to the
judges. It contains the contentions that are
presented into the court in a written form.

 The memorial follows a universal format. Its

language is legal and it contains facts and
relevant cases that supports the contentions
drafted.
STRUCTURE OF THE MEMORIAL
 Cover Page
 Table of Contents

 Index of Authorities

 Statement of Jurisdiction

 Statement of Facts

 Statement of Issues

 Summary of Arguments

 Arguments Advanced

 Prayer
UNDERSTANDING THE
STRUCTURE
 COVER PAGE CONTAINS
 TEAM CODE
 TITLE OF MOOT (OPTIONAL)
 COURT IN WHICH YOU ARE ARGUING THE
CASE
 PETITIONER NAME(S)
 RESPONDENT (S)

ALWAYS READ THE RULES OF

COMPETITION WELL TO UNDERSTAND
THE PARTICULARS OF COVER PAGE AND
COLOR OF IT
INDEX OF AUTHORITIES
 It contains all the case laws that you have
referred in the memorial, articles referred, books
and statutes used and any other reports referred
to.
 It is important to note that the case laws in the
index of authorities must be in the chronological
order. Also it is advisable that you mention the
page number along with the case.
 The internet database like manupatra, westlaw
must not be mentioned.
STATEMENT OF JURISDICTION
 It contains a brief description of the jurisdiction
of the Court. The relevant provision which gives
the Court jurisdiction to entertain the case is
mentioned here.

 It is important to note that the speaker

should be clear regarding the statement of
jurisdiction since questions are asked by
judges regarding this during the
preliminary round.
STATEMENT OF FACTS
 It contains the precise facts of the case ( moot problem)
 Your purpose here is to reframe the facts taking out all the
irrelevant facts and keeping it short and to the point. In
some of the moots the page limit of statement of facts is 2
pages.
 It is advisable to write the facts in points or divide it into
sub headings.

 The speaker should remember the facts of the case

since sometimes when representing the petitioner
side, you may have to tell the facts.
SUMMARY OF ARGUMENTS
 It is only a brief idea of the arguments that you
will cover in each issue dealt with. Keep it short.
Just one paragraph for each issue not more than
that. Usually summary of arguments isn’t
relevant when you are arguing the case. It can be
usually of 2-3 pages depending on number of
issues you are dealing with.
ARGUMENTS ADVANCED
 This is like the main body of memorial. It involves the
arguments on each issue. Don’t just start writing the
arguments in points. Divide the issue into various headings
like the elements of offence whether it is satisfied or not.
First write the law then relate it with the facts and provide
various case laws in support of your arguments.

 Don’t write too lengthy arguments like an article.

Keep it short and to the point. Refer the rules for
number of pages of arguments advanced. It should
ideally be of 12-15 pages
PRAYER
 It is the relief that you are asking from the Court. It usually
starts with the line “WHEREFORE, in light of the issues
raised, arguments advanced and authorities cited it is
most humbly and respectfully requested that this Honble
Court to adjudge and declare that,
1. Mr. X is not guilty of the crimes of cheating and criminal
conspiracy.
2. The Trial court‟s conviction order of Mr. Y should be reversed.
The court may also be pleased to pass any other order, which this
Hon’ble Court may deem fit in light of justice, equity and good
conscience.

 It is to be noted that you must be crystal clear with the

relief that you are asking from the Court. Anything that is
not argued cannot be claimed in prayer.
KEY POINTS TO REMEMBER
 Always read the rules of the Moot Court
Competition. It contains key points relating to
drafting of memorials.
 Do proper research on the laws involved in the
case. It will help you be prepared for oral rounds
when the questions are asked by the judges.
 Do proper flagging of the memorial so that you
can move to the important case to bring in the
attention of judge.
 Keep a copy of all the case laws that you have
cited in the memorial (Compendium)
 Make sure that the formatting of memorial is correct
and it looks clean Use spiral binding and good quality
paper. Presentation matters.
 Tackle objections which might come from the other
side. Negate or distinguish the cases which might be
used by the other party.
 Have multiple copies of every document you want to
use. Have one copy for every judge and save time!