This document provides an introductory guide to moot court competitions for law students. It defines moot court as a mock court where students argue hypothetical cases for practice. The essential elements of moot court are outlined as the statement of facts, basic materials, memorials (written arguments), and oral rounds. Memorials must be submitted by a deadline and failing to do so results in disqualification. Oral rounds allow students to present their arguments to a panel of judges and require clear communication skills. The guide concludes that moot court is an important opportunity for law students to practice legal skills before entering legal practice.
Prepared by Abhijeet Kumar, Amar Maruti Patil and Adithya Anil Variath.
Session 1 of the Moot Court Orientation Program (2019) held at Chembur Karnataka Law College
Know the difference between Judgement and decree as per CPC.
Helpful for students and law professionals.
You can also visit my YouTube channel: CS Bhuwan Taragi –The law talks
You can connect me on:
Telegram: https://t.me/TheLawTalks
Facebook Page: The Law Talks
LinkedIn: https://www.linkedin.com/in/csBhuwanTaragi
Instagram: the_law_talks
Podcast: https://anchor.fm/thelawtalks
You can watch these Company law topics as well:
Audit committee: https://youtu.be/3oRgCc5uZ-4
Related party transaction: https://youtu.be/p7pf8iW-gTk
Sweat equity shares: https://youtu.be/7vY59DdlPrE
Types of Directors: https://youtu.be/COWYEcZ-0Qo
Loan to Directors: https://youtu.be/oAcOSQJwNgY
Holding and subsidiary definition: https://youtu.be/_ttqn39IjNE
Director Identification no. : https://youtu.be/AGty3SqbOMM
Difference between MOA & AOA: https://youtu.be/TmnRc2TRxTw
Annual General Meeting: https://youtu.be/0Jxtegi2IGg
Requirement of MGT-14: https://youtu.be/6kYdXpbDABM
#CPC #llb #lawclass #reference #review #revision #civilprocedurecode #section113 #lawtopic #legalupdate #lawcollage #rajasthanuniversity #ccs #mdu #du #lawfaculty #clatexams #lawentenrance #legalknowledge #legal #lawupdate #llbexams #ll.bexams #lawexamination #llb3year #lawrevision #short #advocate #lawyer #lawpractise #courtprocedure #ICSI #CS #CA #ICAI #ICWAI #CMA #LAW #Companysecretary
This explains what are parties to a suit, who can be joined as party to suit. It explains joinder, misjoinder, nonjoinder of parties. How parties may be added or struck out.
Prepared by Abhijeet Kumar, Amar Maruti Patil and Adithya Anil Variath.
Session 1 of the Moot Court Orientation Program (2019) held at Chembur Karnataka Law College
Know the difference between Judgement and decree as per CPC.
Helpful for students and law professionals.
You can also visit my YouTube channel: CS Bhuwan Taragi –The law talks
You can connect me on:
Telegram: https://t.me/TheLawTalks
Facebook Page: The Law Talks
LinkedIn: https://www.linkedin.com/in/csBhuwanTaragi
Instagram: the_law_talks
Podcast: https://anchor.fm/thelawtalks
You can watch these Company law topics as well:
Audit committee: https://youtu.be/3oRgCc5uZ-4
Related party transaction: https://youtu.be/p7pf8iW-gTk
Sweat equity shares: https://youtu.be/7vY59DdlPrE
Types of Directors: https://youtu.be/COWYEcZ-0Qo
Loan to Directors: https://youtu.be/oAcOSQJwNgY
Holding and subsidiary definition: https://youtu.be/_ttqn39IjNE
Director Identification no. : https://youtu.be/AGty3SqbOMM
Difference between MOA & AOA: https://youtu.be/TmnRc2TRxTw
Annual General Meeting: https://youtu.be/0Jxtegi2IGg
Requirement of MGT-14: https://youtu.be/6kYdXpbDABM
#CPC #llb #lawclass #reference #review #revision #civilprocedurecode #section113 #lawtopic #legalupdate #lawcollage #rajasthanuniversity #ccs #mdu #du #lawfaculty #clatexams #lawentenrance #legalknowledge #legal #lawupdate #llbexams #ll.bexams #lawexamination #llb3year #lawrevision #short #advocate #lawyer #lawpractise #courtprocedure #ICSI #CS #CA #ICAI #ICWAI #CMA #LAW #Companysecretary
This explains what are parties to a suit, who can be joined as party to suit. It explains joinder, misjoinder, nonjoinder of parties. How parties may be added or struck out.
Code of civil procedure 1908 suplementary proceedingsDr. Vikas Khakare
This presentation explains what is supplementary proceedings. When court may issue arrest warrant before judgment, when court order attachment before judgment, when court may issue temporary injunction, when a receiver may be appointed.
Code of civil procedure 1908 suits in particular cases pptxDr. Vikas Khakare
This presentation contains provision as to suits in particular cases. It include provisions under Code of Civil Procedure as to suit by or against government and public office; suit by or against corporation; suit by or against minor and person of unsound mind; suit by indigent person and interpleader suits.
The PowerPoint presentation is uploaded on behalf of Moot Court Association, Faculty of Law, Swami Vivekanand Subharti University. It will help the law students immensely in preparation of Memorials for either Moot Court Competitions or Internal assessment.
This presentation was part of a workshop carried out in Department of Law & Justice in Jahangirnagar University where law students were briefed on the basics of moot court related activities.
In this ppt you will get all the information regarding Plaint. I tried to summaries this important topic within 10 slides. I hope you will find this informative and helpful. If something i forgot to be mentioned in slides or something you no more than that please let me know so i can also learn from you guys.
Thank you!
How To Brief a Case Confusion often arises over the term le.docxwellesleyterresa
How To Brief a Case
Confusion often arises over the term “legal brief.” There are at least two different senses in which the term is
used.
Appellate brief
An appellate brief is a written legal argument presented to an appellate court. Its purpose is to persuade the
higher court to uphold or reverse the trial court’s decision. Briefs of this kind are therefore geared to presenting
the issues involved in the case from the perspective of one side only.
Appellate briefs from both sides can be very valuable to anyone assessing the legal issues raised in a case.
Unfortunately, they are rarely published. The U.S. Supreme Court is the only court for which briefs are
regularly available in published form. The Landmark Briefs series (REF. LAW KF 101.9 .K8) includes the
full texts of briefs relating to a very few of the many cases heard by this court. In addition, summaries of the
briefs filed on behalf of the plaintiff or defendant for all cases reported are included in the U.S. Supreme Court
Reports. Lawyer’s Ed., 2nd. series (REF. LAW KF 101 .A42).
Student brief
A student brief is a short summary and analysis of the case prepared for use in classroom discussion. It is a set
of notes, presented in a systematic way, in order to sort out the parties, identify the issues, ascertain what was
decided, and analyze the reasoning behind decisions made by the courts.
Although student briefs always include the same items of information, the form in which these items are set out
can vary. Before committing yourself to a particular form for briefing cases, check with your instructor to
ensure that the form you have chosen is acceptable.
THE PARTIES AND HOW TO KEEP TRACK OF THEM
Beginning students often have difficulty identifying relationships between the parties involved in court cases.
The following definitions may help:
Plaintiffs sue defendants in civil suits in trial courts.
The government (state or federal) prosecutes defendants in criminal cases in trial courts.
The losing party in a criminal prosecution or a civil action may ask a higher (appellate) court to review the case
on the ground that the trial court judge made a mistake. If the law gives the loser the right to a higher court
review, his or her lawyers will appeal. If the loser does not have this right, his or her lawyers may ask the court
for a writ of certiorari. Under this procedure, the appellate court is being asked to exercise its lawful discretion
in granting the cases a hearing for review.
For example, a defendant convicted in a federal district court has the right to appeal this decision in the Court of
Appeals of the circuit and this court cannot refuse to hear it. The party losing in this appellate court can request
that the case be reviewed by the Supreme Court, but, unless certain special circumstances apply, has no right to
a hearing.
These two procedures, appeals and petitions for certiorari, are sometimes loosely grouped togeth ...
Code of civil procedure 1908 suplementary proceedingsDr. Vikas Khakare
This presentation explains what is supplementary proceedings. When court may issue arrest warrant before judgment, when court order attachment before judgment, when court may issue temporary injunction, when a receiver may be appointed.
Code of civil procedure 1908 suits in particular cases pptxDr. Vikas Khakare
This presentation contains provision as to suits in particular cases. It include provisions under Code of Civil Procedure as to suit by or against government and public office; suit by or against corporation; suit by or against minor and person of unsound mind; suit by indigent person and interpleader suits.
The PowerPoint presentation is uploaded on behalf of Moot Court Association, Faculty of Law, Swami Vivekanand Subharti University. It will help the law students immensely in preparation of Memorials for either Moot Court Competitions or Internal assessment.
This presentation was part of a workshop carried out in Department of Law & Justice in Jahangirnagar University where law students were briefed on the basics of moot court related activities.
In this ppt you will get all the information regarding Plaint. I tried to summaries this important topic within 10 slides. I hope you will find this informative and helpful. If something i forgot to be mentioned in slides or something you no more than that please let me know so i can also learn from you guys.
Thank you!
How To Brief a Case Confusion often arises over the term le.docxwellesleyterresa
How To Brief a Case
Confusion often arises over the term “legal brief.” There are at least two different senses in which the term is
used.
Appellate brief
An appellate brief is a written legal argument presented to an appellate court. Its purpose is to persuade the
higher court to uphold or reverse the trial court’s decision. Briefs of this kind are therefore geared to presenting
the issues involved in the case from the perspective of one side only.
Appellate briefs from both sides can be very valuable to anyone assessing the legal issues raised in a case.
Unfortunately, they are rarely published. The U.S. Supreme Court is the only court for which briefs are
regularly available in published form. The Landmark Briefs series (REF. LAW KF 101.9 .K8) includes the
full texts of briefs relating to a very few of the many cases heard by this court. In addition, summaries of the
briefs filed on behalf of the plaintiff or defendant for all cases reported are included in the U.S. Supreme Court
Reports. Lawyer’s Ed., 2nd. series (REF. LAW KF 101 .A42).
Student brief
A student brief is a short summary and analysis of the case prepared for use in classroom discussion. It is a set
of notes, presented in a systematic way, in order to sort out the parties, identify the issues, ascertain what was
decided, and analyze the reasoning behind decisions made by the courts.
Although student briefs always include the same items of information, the form in which these items are set out
can vary. Before committing yourself to a particular form for briefing cases, check with your instructor to
ensure that the form you have chosen is acceptable.
THE PARTIES AND HOW TO KEEP TRACK OF THEM
Beginning students often have difficulty identifying relationships between the parties involved in court cases.
The following definitions may help:
Plaintiffs sue defendants in civil suits in trial courts.
The government (state or federal) prosecutes defendants in criminal cases in trial courts.
The losing party in a criminal prosecution or a civil action may ask a higher (appellate) court to review the case
on the ground that the trial court judge made a mistake. If the law gives the loser the right to a higher court
review, his or her lawyers will appeal. If the loser does not have this right, his or her lawyers may ask the court
for a writ of certiorari. Under this procedure, the appellate court is being asked to exercise its lawful discretion
in granting the cases a hearing for review.
For example, a defendant convicted in a federal district court has the right to appeal this decision in the Court of
Appeals of the circuit and this court cannot refuse to hear it. The party losing in this appellate court can request
that the case be reviewed by the Supreme Court, but, unless certain special circumstances apply, has no right to
a hearing.
These two procedures, appeals and petitions for certiorari, are sometimes loosely grouped togeth ...
Law Colleges in India, and elsewhere, have to formulate a clean plan to emerge as dispensers of professional legal education. This presentation is an effort in that direction.
1 How to B rief a Case Prepared for the L egTatianaMajor22
1
How to B rief a Case
Prepared for the L egal Studies Program
Amer ican Public University System
December 2013
Introduction: A case brief is a concise summary of the significance of a case. It is a bit
like but with very special rules! It is a time-honored practice used throughout
the legal profession and law schools. As a teaching tool, the case brief forces the student to
identify and provide a written description of the most important aspects of a case. Legal
precedent, also known as Stare Decisis, is a doctrine which governs much of our legal process.
and the
rationale underlying it ---- that is, how the judges arrived at their decision ---- is essential to
the study of law. The case brief serves as a very useful vehicle by means of which to analyze
and understand judicial decisions.
A case brie
aspects of a case. A case brief is not an invitation to re-write the opinion or to paste together
ed on your
understanding of the case. Of cour words can be useful, if used
sparingly. A case brief should be concise; it should be no more than 1-2 pages. There are at least
several different methods or models for writing the case brief; these are based on personal
preferences. In the Legal Studies Program, however, the format described here will be used for
all of the case briefs which you are required to write in your courses. By using this uniform
format, you will gain familiarity with the case analysis and brief writing process.
opinion, rather than a mere summary. Therefore, the first step in the brief writing process is
always to thoroughly read the entire case. This includes reading any concurring and dissenting
opinions of members of the court. In this regard, be very sure that you are reading the entire
opinion! In some internet based sources, the Syllabus (headnotes/summary) of the opinion is
presented at one link, the majority opinion is presented at another link, etc. You need to read all
portions of the opinion as all of them are relevant to your analysis of the case. For example, if
there are strong dissenting opinions based on key legal points, this could predict what the court
might decide in the future on similar issues.
1. Case Name and C itation: As a header on the first page of your brief, you should state
citation to the case. (See Bluebook resources in the APUS library for more information about
Bluebook format.) It is essential that the reader of your case brief know who initiated the
litigation and who appealed. For example, in the sample case brief of the Delahanty case (see
accompanying materials), Thomas and Jean Delahanty are clearly identified as the plaintiffs
(parties who initiated the litigation) and as appellants (parties who sought appellate review of the
2
legal reporter in which the opinion is found, the volume and page on which the case appears, and
the year in which the case was decided.
2. Facts ...
this is the scenaro this is a discussion not a paperHSA515 Wee.docxshandicollingwood
this is the scenaro this is a discussion not a paper
HSA515 Week 4 Scenario Script:
Health Care Policy, Law, and Ethics -
Civil Procedures, Practices and Corporate Structure
Slide #
Scene/Interaction
Narration
Slide 1
Scene 1: Exterior Strayer University Building/Classroom
Slide 2
Scene 2
Professor Charles enters classroom and introduces the topics for today’s lesson and begins the lecture.
Prof Charles
: Hello everyone….welcome back to class. Today, we are going to discuss civil procedures, practices, and corporate structure.
Trials, especially jury trials, are vital to fostering the respect of the public in the civil justice system. Trials do not represent the failure of the system. This class is important in understanding the law as it applies to the courtroom. Although many of the procedures leading up to and followed during a trial will be discussed, civil procedures and trial practice are governed by each state’s statutory requirements. Cases on a federal level are governed by federal statutory requirements.
The pleadings of a case are the written statements of fact and law filed with a court by the parties to a lawsuit. The
complaint
is the first pleading in a lawsuit that is filed by the plaintiff. A
demurrer
is a pleading filed by a defendant challenging the legal sufficiency of a complaint. An
answer
to a complaint is a pleading, which admits or denies the specific allegations set forth in the complaint and constitutes a general appearance by a defendant. A
bill of particulars
is a request for a written itemization of the claims, which a defendant can demand from the plaintiff to determine what the details of a claim are. A defendant may also file a cross-compliant and bring other parties into a law suit by the process.
Let’s first discuss the summons and complaint. Who can tell us what a summons and a complaint are?
Casey:
A summon is a service of process on a defendant and a return to the court of that process by the person who served it. In other words, it is when an issue has been called in the courts to come back together. And, Wow, a complaint
is any formal legal document that is issued by the plantiff to hopefully supports a claim against someone or a group.
Donald
: A first pleading filed with the court in a negligence action is the complaint. The complaint identifies the parties to a suit, states a cause of action, and includes a demand for damages. The complaint is filed by the plaintiff and is the first statement of a case by the plaintiff against the defendant.
Prof. Charles
: Absolutely… What specific formalities must be observed in the service of a summons for proper jurisdiction?
Casey
: The formalities dictate the manner in which a summons is to be delivered, the period within which service must be effected, and the geographical limitations which service must be made. Where the service cannot be possible, the action may have to be brought into a different court.
Prof. Charles
: What may the.
This webinar is for the lawyer -or anyone else- who wants to brush up on the latest issues and strategies to be aware of regarding legal ethics and best practices. The panelists discuss recent and important case law in the area and explain how those decisions can have real-world impact on the situations you may be involved in. Among others, the panel will address the following Model Rules of Professional Conduct: Rule 1.7-Conflict of Interest: Current Clients; Rule 1.8-Conflict of Interest: Current Clients: Specific Rules; Rule 3.8 - Special Responsibilities of a Prosecutor; and Rule 4.4(a) Respect for Rights of Third Persons.
Part of the webinar series: LEGAL ETHICS – BEST PRACTICES 2022
See more at https://www.financialpoise.com/webinars/
LS311BUSINESS LAWINTRODUCTION AND SOURCES OF BUSINESS.docxsmile790243
LS311:BUSINESS LAW
INTRODUCTION AND SOURCES OF BUSINESS LAW
Week One: Course Logitics & Getting Started
Things You Ought to Know
It is important to turn your written work in on time to stay on track.
In the legal profession, deadlines are critical.
If an exceptional circumstance arises, please send me an email ASAP and we will discuss it.
*
. . . And s’more things to know…
Give attribution to the owners of original thoughts.
Please do not copy and paste without using quotation marks or citing your source.
It is best to use your own voice and quote and cite correctly!
This helps me see how well you are synthesizing i.e. understanding the material.
*
Welcome to PA311:Business LawPlease review the announcements posted in the course information for my contact information and office hoursSyllabus is listed on the course homepage – please be sure to review it ASAP – if you have not already done so
Course ExpectationsDiscussion Board: 3-5 posts on at least three different days during the unit week (Rubric in DocSharing)Seminar: If you miss it, make up by listening to recording, write a 2-3 page summary, e-mail it to me before next seminar for full creditWritten assignments: due on the last day of the unit week (Tuesday nights).Late submissions make me unhappy, however, I am not unreasonable. E-mail me your excuse prior to it being late.
Late Submission Policy1. A 10 percent penalty is imposed for each week an assignment is late. If the assignment due on Tuesday is submitted on Wednesday, the highest possible grade is a B; one week later, highest grade is a C, etc. No assignment is accepted more than 3 weeks late without my prior approval. No late work will be accepted after the end of term without an Incomplete Grade approval. Course activities not eligible for submission after the conclusion of the week/unit include, but are not limited to, discussion boards, seminars, quizzes, and exams.
Late Submission Policy
Active communication is the key to overcoming any obstacles you may encounter during the term. Advise me, ahead of time, when possible, of extenuating circumstances that might prevent you from completing work by the assigned deadline.
At my discretion, we may agree to an acceptable plan to meet the academic requirements of the course. Prior notification does not necessarily result in a waiver of late penalties.
Email me when you have submitted late work to assure that I am aware of the submission. All late work must be submitted by uploading the assignments using the classroom Drop Box. Be sure to contact me if you have questions.
Academic Honesty
Academic honesty is required at all times. Plagiarism will not be tolerated.
Students are permitted and encouraged to collaborate with research partners on the answer to the research portion of each assignment, the analytical questions in the assignments, and all optional extra credit questions or assignments. Except where the call of the exa ...
Why Brief a Case Cases are written by lawyers for lawyers.docxalanfhall8953
Why Brief a Case?
Cases are written by lawyers for lawyers. Consequently, there's a structure and
method unlike any other type of writing that you've read. Once you know the
structure and method, you'll be able to breeze through cases quickly. When the
writing is brilliant - for example, cases written by Holmes, Cardozo and Learned
Hand - the cases can be as enjoyable as a good piece of fiction. There's drama,
conflict, resolution, humor and pathos. Other times, the writing is very non-linear
and leaves out important elements, such as the facts of a case.
Briefing is the first step in learning how to outline. The brief should distill a case
down to its elements, which allows you to immediately understand the principal
legal issues at a glance. When you are under the pressure of the harsh glare of an
aggressive professor, you want to be able to take one look at the brief and know the
answer.
Case briefs are an important tool, but it's also important to keep briefs in perspective.
Many students labor intensively over case briefs by creating forms and making sure
that the wording is perfect. A brief is just a tool that helps you accomplish three
things - build comprehension, answer questions in class and complete an outline.
You'll never be graded on a brief. If you're spending time on stylistic niceties that
don't accomplish one of the three goals then you're not spending time wisely.
Three Reasons to Brief a Case
1. Rewriting the material leads to better comprehension.
2. Creates a cheat sheet for questions in class.
3. Serves as a starting point for outlining.
Briefing is a phase that you eventually grow out of. After the first semester, students
tend to brief a lot less. Their briefs may just end up being therule of law or they will
write notes in the margin of the casebook, which highlight the different elements.
While some complex cases in your second and third years demand briefing, you will
probably pick up the skills you need in your first year to analyze cases on the fly.
http://lawnerds.com/guide/outlining.html#WhyOutline?
http://lawnerds.com/guide/class.html#TheFirstDay
http://lawnerds.com/guide/outlining.html#WhyOutline?
http://lawnerds.com/guide/irac.html#Rule
How to Brief a Case
Briefs should be a one-page summary of the case. Structure the summary according
to the elements listed below. The structure adheres to the types of questions the
professor asks in class and to the information you'll need for outlining. Not every
case can be summed up in one page, but it's a good discipline to attempt to condense
the material.
THE ELEMENTS OF BRIEFING
Procedural History
Legal Issue
Facts of Case
Statement of Rule
Policy
Dicta
Reasoning
Holding
Concurrence
Dissents
You might consider creating a standard form using a word processor, then fill in the
blanks as you read the case. You may want to modify the form as you go along
through the semester. Professor.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
Military Commissions details LtCol Thomas Jasper as Detailed Defense Counsel
Introduction to Moot Court
1. AN INTRODUCTORY GUIDE TO
MOOT COURT
By Jamshed Khilji
Semester: 7th
University Law College, Quetta
2. Table of Contents
PREFACE ........................................................................................................................... 1
MOOT COURT .................................................................................................................. 2
i. Statement of Facts:......................................................................................................... 2
ii. Basic material ............................................................................................................... 3
iii. Memorials.................................................................................................................... 3
iv. Oral rounds .................................................................................................................. 4
ULC TRIAL MOOT COURT ............................................................................................ 5
CONCLUDING REMARKS .............................................................................................. 5
ANNEXTURE ..................................................................................................................... 6
3. 1
PREFACE
Being a student of University Law College Quetta and having participated recently in
the Jessup Moot Court Competition 2019, I have felt that we the students of Balochistan lack
nothing but a platform. Inside the premises of university, we have been indulged in our
studies to such an extent that we hardly find time for the co-curricular activities. Moot Court
had not been taken place in the university owing to several reasons. However, under the
society established by the name of Moot Court Society under the active coordination of
Reverent Sir Munir Hussain, it has been rehabilitated.
Since ULC is going to conduct a trial for the selection of the students for upcoming
national moot courts followed by an intramural moot court, it was felt necessary to draft a
basic introductory guide for the novice mooters. Keeping in view the prevailing
circumstances, a very unworthy and minute effort has been made in introducing moot court to
Ulcians.
I am highly indebted to Professor Asmatullah Kakar, the chairman of ULC Moot
Court Society, who encouraged me to put forward before you the very first publication of me.
Lastly, this article is altogether based on personal experience of mine which is
definitely not devoid of mistakes, rather blunders. So, if there is anything wrongly stated, I
apologize for the same.
Happy Mooting!
4. 2
INTRODUCTION
Moot Court is an activity for the law learning students which is conducted in
almost all the law universities in order to provide the students with a platform to not only
boost up their confidence but also sharpen their legal skills. It has a paramount significance in
a student’s career as he or she actually contests a fictitious case before a fictitious court which
leads him or her to know the court’s rules, etiquettes and procedure of conducting trials. The
subsequent headings deal with the basics of the moot court.
MOOT COURT
The word moot as an adjective means something which is open to question i.e.
debatable. In this sense, the moot court refers to such a court where the arguments are put
forward by the competitors in order to convince the panel of judges to decide on his favour.
In other words, a moot court is a mock court in which law students argue
hypothetical cases for practice.
Thus, it is summed up from the above definitions that the facts, the names, the
dates etc provided in the moot court are totally hypothetical i.e. they are fictitious and are not
based on reality.
Following are the essentials of a moot court:
i. Statement of facts
ii. Basic materials
iii. Memorials
iv. Oral rounds
Each of the aforementioned essentials is briefly enunciated as under:
i. Statement of Facts:
The fictitious facts are issued by the concerned organizations that conduct the
moot court likewise Philip C. Jessup Moot Court Competitions, Henry Dunant Moot Court,
or intramural moot courts. These facts are designed in such a way that these are open to both
the applicant as well as the respondent to argue. It is also called problem or Compromis or
5. 3
simply facts. It is usually of 15 to 20 pages. However, there is no hard and fast rule for its
length, and as such it depends on the organization who is so conducting the competition.
ii. Basic material
The basic batch of materials is followed by the issuance of facts which give an
idea to the competitors that their case relate to those treaties, conventions or statues, as the
case may be. For instance, the Jessup competition provides two basic batches – 1st
batch of
basic materials and 2nd
batch of basic materials which include the general and particular
materials respectively. In short, this basic material provides an ambit to further and better
their memorials.
iii. Memorials
It has been aptly remarked that cases are won at chambers. Memorials, in the
moot court, are the written part of the competition. Having gone through the facts and studied
all the relevant materials, the competitors are required to submit their written arguments both
on behalf of the applicant as well as respondent on two separate documents.
As stated hereinbefore, the facts are open to be argued for both the applicant
and the respondent. Resultantly, the competitors have to draft an applicant memorial wherein
they have to argue on behalf of the applicant and answer all the issues or question on
applicant’s favour. On the other hand, the respondent memorial contains the arguments which
altogether deny the contentions raised by the applicant in his memorial or oral round.
Most importantly, the organisation so concerned gives the deadline for the
submission of memorials and the competitors are required to submit their written arguments
on or before the said deadline. The failure to comply with such deadlines leads to withdrawal
of the team from the competition. For instance, the competition we participated in had 38
teams in which 6 teams failed to submit their memorials on time, and eventually 32 teams
qualified for the oral rounds.
Lastly, how the memorial should be drafted would unnecessarily prolong the
introductory guide and it is in itself another topic. So, it is not worth discussing here;
however, the following are some major points to be borne in mind while drafting memorials:
6. 4
The language should be as simple as possible – it doesn’t mean that legal
terms are to be avoided.
The right issues have to be spotted – no need to beat about the bush in order to
enlarge the size of memorial.
Make reasonable arguments by following the IRAC or CREAC method.
So far as the contents are concerned, it consists of index of authorities,
statement of facts, summary of pleadings, major pleadings, prayer for relief etc
iv. Oral rounds
The memorials, having been duly submitted, are followed by oral advocacy. In
this part of the moot court, the competitors are required to plead their arguments as and how
they have incorporated in their memorials. This is the best part of the competition as the
competitors have been practising for months and here they get an opportunity to put forward
their arguments before the panel. Not only the best part, it is the crucial one as it weighs
equally important as the memorials. The competitors usually stick to their written arguments
in oral pleadings; however, they may partly depart from them if they find out any new
argument favouring them.
Furthermore, the competitor’s purpose before the court – be it a moot court –
is to convince the judge to decide on his favour. In this connection, one need to assist the
court – the panel of judges, and not to get frustrated or annoyed by the questions put by the
cold bench of judges.
Moreover, the language should be simple and understandable so that the panel
may listen to you properly. The tone shall neither be too high nor low. The round shall be
friendly enough that you involve the judges in your arguments. Further, eye contact shall be
maintained so that the judges get an impression of your confidence and your preparation for
the competition. Equally important, the judges shall never be interrupted as and when they
ask question or interrupt you in between your arguments.
In addition, the judges need to be addressed reverently and no slang language
has to be used throughout the round. Below are the ways of addressing judges, particularly in
Jessup competition or in the cases before ICJ:
Mr. President and Madam President – for the presiding Judge
Your Excellency – for a single judge when answering a question
Your Excellencies – for the bench
7. 5
Rebuttal and Sur-rebuttal are the terms used in oral advocacy. The former
relates with the applicant in which he answers the allegations raised by the respondent in his
pleadings, whereas the latter rests with the respondent wherein he responds to the rebuttal.
ULC TRIAL MOOT COURT
The trial to be conducted at ULC is merely for the purpose of selection of
students for the upcoming moot courts i.e. Henry Dunant moot court competition, Jessup
moot court competition etc. It is, therefore, the above-mentioned requirements needn’t be
fulfilled in the trial. All the students required to do is to go through the given facts of the case
of a single page and to read out the relevant conventions. Having done so, the students are
required to only plead their arguments before the panel either on behalf of prosecution or
respondent as the memorials are not required for the trial. This trial moot court will be
followed by an intramural moot court competition in ULC for which this guide might be
helpful. The students shall get themselves registered as the judges require not only the
command of law but also your confidence, your language, your arguments and your
presentation of the same.
CONCLUDING REMARKS
The significance of moot court can’t be neglected owing to its innumerable
benefits for a law scholar. Being a law student, one should at least once participate in the
same. The aforementioned discussed merely an introduction to moot court on personal
experience of mine and has never meant to be an exhaustive guide. Thus, these are the moot
courts which work as a laboratory for a law student wherein he practises law before the actual
legal practice in the court of law.
8. 6
ANNEXTURE
Below is the criterion for granting marks in the national and international moot court
competitions. From the following, it can be asserted that it is not only the law that get you
through the competition with flying colours, but most importantly it is your way of
expressing your thoughts, your confidence and your communication skills.