Tip 1: Jan 8 - 14, 2006
Practice your orals
If there’s one error most mooters make, is that they don’t practice their orals. Remember knowing the arguments, and even the authorities, isn’t enough to win you the moot. You have to convey that knowledge precisely and coherently in order to succeed. That too, must be done within your allotted time. This can be easily achieved with a little bit of practice. Therefore, it is important to practice dealing with time pressure along with someone who is familiar with the problem, and with mooting in general. It’s also advisable to practice with different people as judges. After all, that’s what even Senior Advocates at the Supreme Court are doing – practicing law (our apologies for this weak stab at humour)!
Tip 2: Feb 8, 2006
It’s in the articles, silly!
It is said that what the judge eats for breakfast, helps decide cases. Sometimes judges have big breakfasts and end up writing extremely long judgments. Is your moot based on the longest case in the history of mankind? Do the headnotes put a Vikram Seth novel to shame, and do they make Tolstoy wish he had added another chapter to his magnum opus? While reading the original judgments that are most relevant to your arguments is extremely important, there may be some situations where that would not be possible. In such a case, look for articles on that case. Most important cases have articles written on them, some by noted Senior Advocates. Use the articles to get a basic understanding of the case and the arguments involved. Articles are also extremely important when material on the moot can’t be found in textbooks. Use the articles as starting points for your research. If you do a good job on the research and write a good memorial, convert it to an article. And so on. Spin well the wheel of mooting resources
Tip 3: Feb 15, 2006
Grin and bear it
Practice arguing with a smile on your face. In the beginning, you will feel like an idiot. Then you’ll get used to it. Scientific research shows that facial expressions affect the mood of the people who see the expression. So if you scowl at the judge, chances are you’ll leave her in a bad mood, and what’s worse, she’ll leave you with bad scores, which in turn will leave you with both a scowl and a bad mood. A bright and sunny personality, however, no matter that it may merely be a temporarily contrived one, could add a few precious points to your score. Look at beauty pageants: those women smile for no reason at all (in some cases, perhaps, its better they do only that, and don’t venture to speak). So if Aish and Sush can do it, so can you. And if your moot doesn’t go well, smile and prepare for next time
Tip 4, March 7, 2006
Work as a firm
Two heads are better than one. Too many cooks spoil the broth. Add another cliché to this collection of time-tested homilies: ‘It is extremely important to work on a moot as a team.’ It is also extremely important to work with people who you work well with. Many people crave to work in high profile ‘firms’, or with teams of mooters with good reputations who are pooling their resources, or even with their friends. Know yourself and how you work best. Ask yourself if working with people like that or with your friends would help you get to your goals. If you’re individualistic, then work in a team that interacts loosely. If you can build a good team with a balance of researchers and analysers, then go for that. Don’t work alone. Moots are too much work for one person. In fact, I would say one of the most important aspects of mooting is working with other people and amplifying resources. These skills can help later when you work for an organisation – a law firm, for example.
Tip 5, May 27, 2006
Make sure you get the facts right
Read the problem as many times as possible, and acquaint yourself with the facts of the problem and the grounds of appeal. Read around the area of law that has been raised in the moot using texts books. This will give you confidence and will help you find the relevant case law, which you will have to read, as the judges ask questions based on the cases you cite. Also read articles regarding the same topic, which may be printed in periodicals or present online. These will not only improve your understanding of the point of law, but also may give you an extra line of argument and can, if necessary, be cited during the moot (however you should try to cite an article only where the case authorities are very limited. This does not mean you shouldn’t comment on academic opinion, as this can be very persuasive with judges ).
Tip 6, June 2, 2006
Facts statement should be ready.
After you have read the fact sheet at least a dozen times, and read a little law around the issue raised, make a short outline of the facts. This outline would can be used later when the judges ask you to state the facts. Remember to have this statement in your own words, and not a direct imprint of the facts provided to you. Each point made in this statement or the outline, should be marked in your personal fact sheet with the corresponding numbers. This would make sure that you have covered all the relevant information provided to you.
But remember, never try to blur or fudge the facts. This is because at times, judges read only the fact sheet, and hence would question you on every detail of it! If you are caught or trapped in the facts, this will have a negative influence on the judges. And I hope you’re not looking forward to be grilled and roasted alive on the facts of the case!
Tip 7, June 13, 2006
Make an outline for your arguments
Once the facts are clear, you should make an outline of your arguments. Frame out the questions you plan to pose before the court. The number of questions should be limited, and not more than three or four. The questions should cover all the points you would have to argue. These questions should be of the "whether or not..." type.
For example:
"Whether or not this honourable court has jurisdiction over the present case?"
Remember, these questions are the main issues of your case. They are the essence of your arguments. Getting them right is the only way out!
If you can’t seem to crack this step, don’t panic! If you are not getting your questions, read the fact sheet again, and you will find them right there!
Tip 8, June 19, 2006
Fair up your outline
Time to fair up your outline! The questions you framed earlier (refer tip 7) will now come in handy as your argument guidelines. These are the lines on which you will argue in the main course!
Remember that your arguments have to cover your case completely! Be sure that you are taking into consideration each and every point that you will or wish to argue. These one-liners should be moulded in order to cover one point at a time. Don’t forget that your arguments have to be limited, and in order to adhere to the same, you can club related arguments and have them under a common heading! These outlines will help you to now frame your contentions.
Don’t worry! Its not as tough as it seems...
Tip 9, June 26, 2006
Break the monotony
Okay, you are heading on the right track! Now take a break and relax! Your arguments are now ready... you can take your time to distribute work. If you’re working in a team, decide who will work on which argument. This will help you focus on your topic without stress. If working alone, distribute work accordingly!
Taking off from work helps you to refresh yourself, and prevents work from becoming boring and monotonous! This goes without saying! So, chill... party, dance, enjoy! Or do what most of us do in the middle of mooting season when we have a few unexpected hours free: just sleep them off!
Tip 10, July 3, 2006
Time to get back to work with twice the energy! The road ahead isn’t as simple as it seems... even though half your work is already done!
Start again by reading the facts in order to get a good grip over them again. After reading the fact sheet, pick your arguments and jot out the points that it covers. Remember to have the whole problem in your mind even while working on a single issue. The points that you jot down will form your contention.
Contentions are the exact things that you want the judge to understand and notice. These are somewhat like subheadings; drawing the judge’s attention to them is your main motive. Do not forget to limit your contentions to a nominal number. (Preferably not exceeding three, exect under exceptional circumstances.) If you feel your issue is small and should not be divided further, you can stick with your issue, treating it as one major contention.
Contentions are like empty cartridges: you have to remember to load them with gunpowder before loading them into the gun and shooting at the judge!
Don’t worry: doing this - won’t get you arrested under section 307 of the Indian Penal Code!
Tip 11, July 17, 2006
Time to make the perfect blend of gunpowder for your contention cartridge! This blend should consist of the problem giving the shell, the law giving the content, and case law giving the power to hit the target.
After framing your contention, it’s time to head to the library in order to find the law that suits it best! Pull out the bare acts and commentary on the legislation that fits perfectly with your contention. There will be a number of books regarding the same issue of law. Remember to pen down all that is important and everything you feel would be required in your course of action. Do not forget to note the book’s name along with the author, edition details and page number. You can also take a photocopy of the material.
This will form the raw content for your contention.
Tip 12, July 24, 2006
The tough time is just about to begin... By this time, you would have only a handful of days left before ‘D-Day’.
Time to fair up your work! Wait! First, line up all the material you would possibly need for your contentions. These would include the case copy, pieces of legislation, stationery, case law copies, etc. etc...
It’s very important to have all that you need around you before you begin. The tasks ahead need immense concentration. You probably wont have time to look around for new stuff.
So make sure you have the material with you. While working, don’t forget to treat yourself with some chai or coffee!
Tip 13, July 31, 2006
The time for hard-core work has now begun! Time to get down and focus! We are not here to participate in the moot court, but to win! There shouldn’t be a single element of doubt in your mind about this when you’re working!
You can start by reading the case facts again. Mammoth tasks are now on your schedule. These tasks include drafting your memorials, making your speech and dressing up before you enter the moot court room...
It would better if we concentrate on the petty issues before we get into the quicksand pit that is the mooting schedule. Sounds a little silly, but this might be the time to go shopping! Ordering the tailor to stitch your first suit can be fascinating; alternatively, you could settle for an appointment with the dry-cleaner! Shoes, suspenders (if you’re into that sort of thing!), ties and all other items should also find place on your list...
And please don’t forget, you need to read the fact sheet every day to keep in touch with your moot. All the free time you have should now be devoted towards increasing your knowledge base!
Tip 14, August 7, 2006
Snap back to reality!
Your heart should now be content after all the shopping you’ve done! It’s time to get down and finish off one mammoth task at one time! You’re already ready with all the material; you now need to begin drafting. Drafting the memorial and drafting your final speech are not very different. Take one contention at a time, and begin drafting.
Drafting: Remember, this is not an easy task!
Begin the drafting with the issue. Following the “Gun theory” again, this is the shell.
Fill it with ‘reasons’, the hard bounding. Let authorities be your gunpowder. Pack it completely with case law, giving the thrust with the conclusion.
Aim at the bull’s eye, i.e., do not beat around the bush! Keep it straight and to the point!
Everything you write in your memorial is also what you speak. The only difference is that you elaborate everything while speaking. Key words while drafting should be straight, to the point, and simple.
Tip 15, August 17, 2006
Coffee, Coffee, Coffee...
The only thing that’s keeping you awake??? Seems your moot court date is approaching at a galloping pace!
Memorials have to be perfectly designed. These should contain exactly what you will speak in the court room. A mistake in the memorial can get you in a fix as the questions the judge will ask, would have their origin in your memorial!
Do not forget to have an order in your memorial. The memorial should consist of :
These should appear in the same order as presented above.
A good-looking, good memorial makes a good impression!
Tip 16, August 21, 2006
Seems it’s all you can do to match the pace of time!
Once the memorial has taken its final shape, it’s time to draft guidelines for the oral submissions.
The body of arguments in the memorial already lay out your contentions, issues and authorities. You are now supposed to expand everything you have written in the memorial. At the same time, do not forget that the memorial is also the boundary. Anything you say outside the memorial may work against you!
Try drafting your oral submissions in the same way you drafted your memorial. Keep the oral submission simple and strait. Too many complicated words and heavy logic can confuse you! (But confusing the judge??? Not a bad idea!)
Do read the fact sheet again and again. You will have to state the facts during the oral submissions, and reading the facts out is not advisable!
Tip 17, August 28, 2006
Remember to have a flow in your oral submissions.
The beloved gun theory is here, to your rescue once again! Your issue would be the bullet, which you would use to shoot your victim. Stating the law would be next, backed up with the logic used for applying the relevant law to your case. Support your argument with case-law. The nail in the coffin would be your conclusion.
Remember this flow while drafting your oral submissions.
Read the next tip to dress your oral contentions with court manners!
Tip 18, September 4, 2006
“Good morning to your lordship/ladyships comprising the bench today!
I am the counsel on behalf of the applicant/respondent.”
Addressing the judge with respect is very important. The tone you speak in and the respect you show towards them is the only way to reach the pinnacle in your courtroom.
The judges are addressed in different ways, such as, for example, a judge in the International Court of Justice (ICJ) is addressed as “Your Excellency”, but the judge in a national High Court or Supreme Court is addressed as “lordship/ladyship”. In any court below the High Court, the counsel addresses the judge as “Your Honour”. (Sounds like a Hindi film scene!@#$)
Anyways, it’s a good practice to ask for the permission of the court before speaking. For example: “If it may please your Lordships, the counsel shall now state the facts”
If you do not know an answer to the question put forth before you, a simple smile with a line should rescue you. “ The counsel pleads ignorance.”
Remember to make a rough sketch of these court manners before you draft your speech!
For more on manners and dressing tips, keep reading, Your Excellencies!
Tip 19, September 15, 2006
If it may please your excellencies, I’ll help you dress for your Moot Court!
It is an old saying: “The first impression is the last impression!” Thus, dressing for the upcoming Moot can be a gargantuan task!
By your excellencies permission, I would like to draw your attention to Tip 13, where your excellencies had been out shopping. The shopping material is to be utilised at this moment. The new/dry-cleaned blazer, polished sparkling shoes, the lucky tie and the other equipment should be handy.
A normal uniform in a Moot Court is a white shirt, a black trouser/skirt, a tie or a bow (if you’re really adventurous!) with a blazer (not compulsory, but makes an impression). The boys should ideally visit a barber to get their hair in place and also, if needed, get a shave. The ladies should tie their hair neatly in a plat or in a ponytail.
Dressing is important - after all, the Moot Court is an exercise in emulating an actual court of law as closely as possible!
Happy dressing hours!
Tip 20, September 25, 2006
Things required in the moot court should be kept handy at the moment. You will require up to five copies of your memorial. (Two for the two judges comprising the bench - or more, if necessary, one for your co-speaker and one for your researcher, if there is a team.)
Having more than two copies of the case that you will be sighting is also a good option, though at least one is a must. When sighting a case during your oral arguments, forwarding a case copy to the bench is a good practice. Underline or highlight the required portion and number the cases, since this will help you find them during the firing between the judge and you. Also have the citation of the case ready for more emphasis.
Taking a few books (legal of course, concerning the case topic! Try not to carry your novel of the week into the Moot Court hall!) would be impressive. Once all your material is handy, you are ready to rock the court! Never leave anything for the last minute!
You can finally get your orals printed (or if you prefer, written down) and begin your practice.
Tip 21, September 30, 2006
Revising your orals before you enter the courtroom would be advisable.
All of us tend to believe in ourselves. Hence, we think that our one and only shot will be better than if we practice! It is the opposite in mooting! Here, practice makes a man perfect.
To the best of my knowledge, there are three types of mooters. The first are the ultra super-duper people who know everything about law and every aspect of it! These are the ones who enter the courtroom with no papers at all. (Well, most mooters are not like this). The second type is the ones who mug the whole speech drafted with the help of the memorial, and vomit it in the judge’s face! This at times can be in your favour, but the drawback is that you can forget. This will mess up the whole affair. The third school of thought is the one I personally follow: make notes and enter. Have a short hand speech ready that you can complete in front of the judge and modulate it according to the moment’s requirements.
Think over what can you follow. Once you are done, you’ll know what to do.
Read the next tip on how to be the best around!
Tip 22, October 17, 2006
When we prepare, we tend to miss out things. Before entering a moot court, your orals should be made perfect and this can only be done through practice!
A number of ways that you can adopt in order to improve your speaking skills are elaborated in the following paragraph:
Practice your orals in front of a mirror and note the speaking errors you make. Also note the hand and body movements. Make sure that your hands do not exceed the space in front of you. You can record (if you have the facility) the orals and replay then to hear the speaking errors. Asking a senior to judge you while you practice is a good option. Friends and roommates can be conveniently shanghaied for this purpose! Also, discuss the possible questions the judge may throw at you. Having some questions ready will boost your confidence! If you are a part of a team, either of you should judge the other (along with the researcher). Having a moot run through along with some more friends and dummy judges will help too.
Practice as many times as possible!
The proverb: practice makes perfect, works perfectly well in case of a moot court!
Tip 23, October 25, 2006
Don’t panic!
Holding your never before the moot court is crucial…
Ease things out - take a look at your work and be satisfied. It’s a lot of hard work that you have put in and its time for a stroll and maybe, even a quick coffee at your favourite coffee bar! Getting some friends along isn’t a bad idea either...
While you are out, think about your moot but don’t let it control you. Your mind is like a parachute, so let it be open. If not sitting with friends, think if you have missed any of your points. Running through all your old notes and rough work will help you with this. It is advisable to relocate yourself and not work in your dungeon for some time. Change in your environment will make your mind work while you are at ease.
So what are you waiting for??? Take your material and head to your pet coffee shop or the spot where you hang out!
Burst some crackers and enjoy your Diwali too!
Wishing all the mooters a very Happy Diwali and Id mubarak!
Tip 24, November 6, 2006
Quick run through...
Once your coffee, sweets or sheer korma is done, its time to get back with maximum intensity. It’s of the utmost importance that you don’t miss out point. Missing out can work against you. Once all the points are included, a quick run-through would be advisable. During this run-through, take special note of your pronunciations and time.
Time is of the essence in your preparation. Convincing the judge with all that you have found is not difficult, doing it in the prescribed time limit is... While you prepare, keep a minimum of 10% of your total time free. This will be used by the judge, for whom, grilling is of paramount pride. Thus keeping your final speech crisp and to the point would help.
Take a look and revise.
Tip 25, November 13, 2006
A good night’s sleep before the moot is a must!
Agreed the moot is tomorrow, but compromising on sleep is not a good idea. The brain starts recapitulation only after seven hours of sleep is complete. Thus before your moot at least, you need and deserve a minimum of eight hours. This will not only relax you, but also help you retain your memory and stay alert to dodge any brickbats the judge may hurl your way!
Sleep without thinking too much about the result. A good, long sleep will help you gain confidence and will help you perform well! Remember, for mooters, sleep is as important as the silence before the thunderstorm. Sleep will help you charge your thunders!
So pull up your blanket and have an amazing night’s sleep!
Tip 26, November 20, 2006
Good Moooooooorning Mooters!
D-Day has arrived and the long sleep has charged you to face it with complete determination and enthusiasm. This zeal will get you through the day with ease.
Remembering all the past tips will help you today! The mantra for today is “Don’t panic!!!” We understand that the moot is scheduled to begin in some time, and you’re completely unaware of what is coming your way, but this is the first step towards the multiple successes that are in store for you.
A long shower followed by dressing perfectly, resembling real counsels and agents will definitely boost your morala. The perfect mug of coffee and a light breakfast will also help your tummy cope up with the trials of the day.
Keep cool and be confident.
P.s. Behaviour before and after your tern in the court room is essential. Read about that, next week, right here!
Tip 27, November 27, 2006
You look amazing in that black suit!
Take some deep breaths and arrange all the material presentably. Head straight to your college or the venue where the moot is scheduled. This is your winning venue...
Take a look at the list, find out the moot court room and the speaker number that you’re on. Once in the room, take your time to arrange your self comfortably without taking off your blazer or loosening your tie even if you feel that the room is a scorching oven.
Some etiquette that is to be followed by everyone is called court manners and is a part of the judge’s protocol. These are simple techniques to show respect to the judge. As soon as you see the judge entering the courtroom, please stand up. Ensure that if you are carrying your cell phone, it’s either switched off or on the silent mode. A buzz can set you out and if the judge is merciless, you can be tried for contempt of court, wherein you can even be punished! The first case of contempt of court, a viewer threw a brickbat at the judge after which he was tried right then and his hand was chopped and he was hanged in the presence of the court! (Har de har har!) Indeed, the judge can get really nasty at times...
While waiting for your turn, preferably stay taut, not attracting or distracting the judge’s attention. Once your turn is called out, collect your material and head to the podium without creating a blizzard. Once you are on the dais, use all the court manners that have been stated in the tip regarding moot court manners.
Follow the same after your turn is over. Waiting for the result can be hard but that does not allow you to be fidgety and loosen your tie!
We can be sure, using all the mooting tips till date will help you secure a top notch performance.
Best of luck, and do inform us about the result!
P.s. For detailed discussion and expert opinions, keep reading this space for the coming week!
Tip 28, December 18, 2006
The art of rebuttal.
Rebuttal (if you are the applicants) or Sur-Rebuttal (if you are the respondents) is in the last five minutes of your orals, where you’re required to counter the other side’s points.
For example, A and B are the applicants and respondents respectively, and once B’s arguments are over, some time will be given to A to counter the points raised by B during his arguments; this is followed by the time given to B, to defend his stand.
Rebuttals are at the option of the Judge, and may be prescribed in the rules. This also helps to analyse your presence of mind during the arguments of the other side.
Rebuttals should be in form of points and should ideally not exceed 5 points. They should be drafted to the point and should act as the final bullets in the Judges’ head! (Associating the Gun theory once again!).
BANG BANG!
Tip 29, December 26, 2006
Conduct after the moot results are out plays an important role in building your public relations, and helps builds your reputation.
Winning is a pleasant feeling indeed, but should not be associated with unnecessary ego. Good conduct in congratulating the runners-up and other opponents shows your sprit of participation. This will make people respect you and make you their role models in order to perform better next time! Also, if you have not been able to make it to the top teams or participants, do congratulate the winners for their hard work.
If by any chance, you have been subject to (so called) arbitrary decision by the Judges, keep your head cool and don’t make an issue out of it. Maybe your opponents deserved winning; perhaps you must have lacked something in your research or presentation. Make sure that you read all the tips carefully before the next moot and out perform your present performance. Do not even get a thought about chickening out the next time!
Do carry a smile on your face and thank the Judges!
Keep reading this page for further tips!
Tip 30, January 20, 2007
Time to hit the basics again!
The next three tips will teach you the basics of reading and understanding the problem.
The first reading of the case will help you to acquaint yourself with the fundamental facts of the problem. This reading will govern the case that you finally present. It is essential that the first reading of the case not be biased. You must absorb the gist of the case and not favour any side while reading it the first time.
If the case is based on international law, the basic treaties should be underlined. Creating a mental or a physical picture of the location of the involved countries would help you understand the problem better!
If the case is based on Indian Laws, the subject should be carefully evolved in the first reading. It is in this reading that you will determine the laws that will be applicable!
An unbiased reading of the fact sheet will give you a broad picture of the case and ensure a firm foundation.
Wishing all the law students a happy lawstudent.in anniversary...
Tip 31, February 5, 2007
Reading the problem: Part II
The initial reading will help you decide the line of argument that you may follow while arguing. It is of utmost importance that you figure out the basic structure of the problem.
Understanding the problem would be your biggest morale booster! Taking notes in the initial reading of the problem will prove highly beneficial. Scrutinise the problem and pull out the sequence of events in the relevant order. Grading the timeline of the problem will help you master the tact of reading a problem.
Tip 32, Februray 8, 2007
Reading the problem part III
Pay attention to detail. There is no fact in the case that is mentioned just to make the problem long. Though there are facts present to mislead you, they too serve their purpose! Every line in the fact sheet is important.
It needs a hawks eye to identify the misleading facts. These facts may prima facie appear to be important, but may eventually lead you in a wrong direction. For the most part, the fact sheet will hint at the relevant facts and enlighten you about the not so essential ones.
Reading the problem is the most important task of your moot court exercise, and also among the more difficult ones. Getting to the core of the problem helps the mooter gain an edge over others. Reading the problem again and again will help you know the facts perfectly. After all, it has been rightly said that you have to sharpen your axe for the two hours out of the three given to cut the tree!
Tip 33, Februray 26, 2007
The next two tips will help you analyse your problem.
Reading the problem over and over again will give you a firm grip on the facts. Once the initial readings are over, you should take each side one at a time. For the sake of convenience, make a number of copies of your problems and keep them along with you. They will prove beneficial in the long run.
Choose the side that you would tackle first. Take a fresh copy of the moot problem and read it, choosing the facts that favour that side. Marking out the facts (underlining or highlighting, as is convenient for you) will help. A note of these facts will make your mind temporarily one-tracked. It will also give you a line of action for when you’re working on this side. To find out how, keep reading the tips right here!
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