- Mooting involves simulating a court hearing through analyzing a legal problem, researching relevant law, writing submissions, and presenting oral arguments. It helps develop skills in legal research, writing, public speaking, and teamwork.
- Good researchers are essential to moot teams. Their responsibilities include thoroughly researching case law and statutes, formatting memorials, and preparing for any researcher test. Researchers help lessen the burden on speakers by filtering relevant information.
- To be an effective researcher requires skills like proficient legal database usage, speed reading judgments, proper citation, impeccable formatting, and preparation for potential researcher tests. Researchers are invaluable members of moot teams.
How Survey Wording Makes All The Difference | SoGoSurveySogolytics
What's in a word? The importance of survey wording might seem small, but the wrong word can transform your results from invaluable to invalid. Avoid wasting time, confusing participants, and collecting useless data -- put your words to work in your next survey!
Paralegal's Guide to the Methodology of Effective Legal ResearchMichael Kaiser, JD.
Presented by Michael Kaiser to a national audience on October 25, 2011, on behalf of the Institute for Paralegal Education.
Mr. Kaiser, founder of the Kaiser Legal Group, is a consultant and mediator. He also regularly speaks at the law school level and at Continuing Legal Education (CLE) seminars for attorneys. He earned his Bachelor of Arts degree in Political Science from the University of Washington and his Juris Doctor from Seattle University. You may contact him at 206-660-2858 or Michael.Kaiser@Kaiser-LegalGroup.org.
How Survey Wording Makes All The Difference | SoGoSurveySogolytics
What's in a word? The importance of survey wording might seem small, but the wrong word can transform your results from invaluable to invalid. Avoid wasting time, confusing participants, and collecting useless data -- put your words to work in your next survey!
Paralegal's Guide to the Methodology of Effective Legal ResearchMichael Kaiser, JD.
Presented by Michael Kaiser to a national audience on October 25, 2011, on behalf of the Institute for Paralegal Education.
Mr. Kaiser, founder of the Kaiser Legal Group, is a consultant and mediator. He also regularly speaks at the law school level and at Continuing Legal Education (CLE) seminars for attorneys. He earned his Bachelor of Arts degree in Political Science from the University of Washington and his Juris Doctor from Seattle University. You may contact him at 206-660-2858 or Michael.Kaiser@Kaiser-LegalGroup.org.
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)
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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.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
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ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
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.
1. Meaning and Relevance of
Mooting
Ramandeep Kaur
Assistant Professor(Law),
Centre for Legal Studies,
Gitarattan International Business School
2. • Mooting captures a law student’s attention perhaps like no other
co-curricular activity. It is a highly useful and competitive activity
that helps you develop the core skills of research and writing,
argumentation and presentation, and teamwork.
• Legal Research is an inalienable part of Moot Court
Competitions and learning this art can make your entire Mooting
journey seamless. The first step towards becoming an ace
mooter is to learn how to ‘Research’ on your moot proposition
to make brilliant memorials and craft logical arguments.
3. Researchers do what their name suggests:
they research.
• They are also responsible for formatting the memorial and appearing for
the Researcher’s Test if there is any for the particular moot competition.
Performing well in this test helps increase the team rank by a great margin.
The memorial can be formatted by anyone in the moot team but it is
usually the researcher who does it.
• Researchers lessen the burden of research of the speakers, both literally
and figuratively. Researchers are very helpful in the way that they research
much more than the speakers because they do the job of filtration. They
find out the relevant cases and they usually format and finalise the
memorial.
• Obviously, even speakers can do it but the role of speakers is more
important on the D-Day while the ones to help them do their best are
researchers who give them what they need to speak and put forward.
However, this should not stop speakers from carrying out their part of the
research.
4. What makes one a good researcher?
• Being able to find out relevant case laws quickly, using the right
keywords
• Being able to comprehend judgments quickly
• Knowing how to read a judgment, that is, knowing which the
important parts of a long judgment are
• Adept at using online databases
• Having efficient skills in formatting
• Knowing the required citation method
5. How to be a good researcher?
• 1. Learn the usage of online legal databases such as Manupatra and SCC
Online.
• Better usage of them leads to quicker research and precise results.
• Both Manupatra https://www.manupatrafast.com and SCCOnline
https://www.scconline.com have tutorials on how to use their databases. Do go
through them!
• 2. Know how to read judgments.
• Judgments are usually two hundred to three hundred pages long and it is not
possible to read through all of them line by line. Learn how to read by skimming
through them but locating the important parts relevant to your moot problems.
• Evelyn Wood’s book on speed-reading is freely available online. You may also
wante to read Tony Buzan’s book on speed reading.
• Close, concentrated reading surely is required, but speed reading will help you go
through a text quickly, and then know which portions to focus on.
6. • 3. Learn proper citation.
• Usually, the citation system you can never go wrong within a memorial is The
Bluebook. The moot prop under its rules and regulations always mention the type
of citation to be used which mandatorily needs to be followed.
• Check page 5 of Sample Moot Proposition under ‘Rules and Regulations’.
• Citation is required while footnoting important information such as legal cases
where you need to use citation styles. In the given picture, they have asked for
any recognised citation format which includes all popular citation styles such as
Bluebook, MLA, Chicago, etc. including the citation style of your own university.
• However, Bluebook is the most popular and convenient citation style for anything
legal unlike MLA, Chicago and the others which are more convenient to be used
in research papers in the field of humanities, for example.
7. • 4. Learn impeccable formatting.
• It is usually the responsibility of the researcher to properly format the memorial.
• There is always an award for “Best memorial” in every moot court competition. This can be largely
won by following the proper citation method and perfection in formatting. Formatting rules are also
mentioned in all proposition which, once again, need to be followed strictly.
• As can be seen in the given sample prop, everything regarding the formatting such as font size, font
type, line spacing, etc. has been mentioned. Even the location of where the team code is to be
written has been mentioned. These are expected to be followed.
• Every detail of submission of memorials needs to be properly followed including the binding.
• It is important the researcher takes the responsibility of being sure of rules, regulations, and
penalties as the speakers have a lot of their plate for their performance on the day of the moot.
• This, however, does not exempt them from being careful regarding rules. Yet, it is usually blamed on
the researcher if any rule is not followed because he or she does not have to deal with the main
work of arguing.
8. • 5. Prepare well for the Researcher’s Test if one is being conducted for
the respective moot competition.
• Try talking to the seniors in your college/university who have given the test
for getting an idea about the type of questions.
• The test is usually of 100 marks with objective questions of 60 marks and
subjective questions of 40 marks.
Read the moot proposition very thoroughly and repeatedly. A considerable
number of questions come from the proposition itself and it would be a pity
to lose marks on these questions.
• Learn the citation style as prescribed in the moot proposition. You might
have to cite a given book, legal case or any other authority in the
prescribed citation style.
• Learn all amendments and judgments related to the moot proposition.
9. • 6. Be sure to seek permission from the judge about passing chits to
your speakers.
• Many judges do not allow it while others might be liberal about it. Be so
well-prepared as a researcher that you are able to aid your speakers when
they are in a fix during their oral rounds.
• 7. Prepare good compendiums.
• Compendiums are a compilation of all the cases cited in your memorial.
This is for the judges so that the speaker can automatically point out the
relevant case in the compendium if the judge raises a question regarding
it.
• Needless to say, there need to be two sets of compendiums- one for the
speaker at the dais and one for the judges.
• 8. Know the mannerisms of court beforehand and aid your team if they do
not know it.
10. • What should you not do as a researcher?
• Do not think your position to be unimportant and thus, refrain from doing any
work or do really little work.
• A good performance of the speakers depends partly on the researcher and
his/her research.
• Also, if the speakers are not able to convince the judge, sometimes the
researcher is called to the dais too.
• Conclusion
• A good researcher is an invaluable asset to any moot team. Providing your
speaker with the correct case law to prove his point while he/she is fumbling or is
clueless can help your team immensely.
• Digging out that one case law which will make your argument invincible is a great
satisfaction on its own. Therefore, even though a researcher does not get the
limelight on the D-Day, a good researcher contributes a lot.
11. Mooting: What Is It and Why Take Part?
• A moot court competition simulates a court hearing (usually an appeal against a final decision), in which participants:
• analyse a problem,
• research the relevant law,
• prepare written submissions, and
• present oral argument.
• Moot problems are typically set in areas of law that are unsettled or that have been subject to recent developments.
They usually involve two grounds of appeal, argued by each side.
• The procedure imitates that followed in real courts: the judge enters, the mooters and the judge bow to each other, the
clerk announces the matter, the mooters give their appearances and are then called on in turn to present their
submissions, the judge asks questions of the mooters, the court adjourns, and the judge then returns to deliver a brief
judgment and some feedback.
• Mooting is not the same as public speaking or debating, although it shares some common elements with these
activities. It is a specialized application of the art of persuasive advocacy. It has been part of the process of training
lawyers for centuries and plays an important role in legal education at Oxford.
12. WHY MOOT?
• There are many reasons to moot. Mooting enables students
• to engage with and think deeply about interesting and topical legal
issues;
• to enhance their advocacy, legal research and writing skills;
• to work closely with and learn from their peers; and
• to demonstrate their interest in advocacy and competence as an
advocate to prospective employers. Most students find mooting to be
intellectually rewarding and highly enjoyable. It can be nerve-racking
and frustrating but it is a lot of fun.
13. TECHNIQUE: SOME BASIC TIPS
• It is critical to engage with the bench. This requires you to bring
many skills together including maintaining eye contact with the
judge, speaking at an appropriate volume and pace, responding
directly and accurately to questions and holding the judge’s
interest. It also incorporates a cardinal rule of mooting: never,
ever talk while the judge is talking.
• Remember that it is accepted to ask a judge to repeat a
question if you do not understand it, and that it is always best to
say 'I regret I am unable to assist your Lordship/Ladyship on
that point' when you really do not know the answer.
14. • Mooting is not just about presenting propositions of law. An important
aspect is applying those propositions to the facts in order to argue
for the result you want. You should be very familiar with the moot
problem and be able to take the judge to relevant paragraphs in it.
• You will often make extensive use of authority in delivering your
submissions. You need to know what principle a given case stands
for and if a case is binding on the court before which the moot is
being argued.
• A critical aspect of mooting is time management. You need to be
able to expand or contract your submissions depending on how
interventionist the judge is.