July 31, 2016

Moot Court Practice is a compulsory paper included in the syllabus of final year law degree (Either three year LL.B OR five year LL.B) course. This paper was included in the syllabus based on the recommendation of the Bar Council of India.

Therefore, it is mandatory to all institutions which are offering either five year integrated law degree courses or three year LL.B, to plan and conduct Moot Courts for its final year students of law degree course.

A good deal of advance preparation is required to organise a Moot Court Competition; either National Moot Court Competition OR International Moot Court Competition. Generally, one or two teaching staff of the institute will be assigned with the task of organising such Moot Court Competitions.

They play an important role in the organisation and success of any Moot Court Competition. Thus, most of the administration as well as the clerking and general preparation for a Moot Court Competition tends to fell upon such Masters OR Mistresses.

Though there will be a Student Committee headed by Masters OR Mistresses, other faculty members of the institution will also share the administrative burden.

Selection of Moot Problem

Moots are related to appeals and the Mooters shall understand the practice grounds of an appeal OR on what law point an appeal was made. Since the appellate court does not have access to witness or evidence, the Mooters shall assume that, the facts as presented in the Moot Problem have been found by the trial judge and the appellate court will not review a finding of the facts.

It is important to note that, all submissions to a Moot Court Competition are submissions concerning issues of law and not of facts of the problem. Therefore, cases of Supreme Court and High Courts shall be considered for selecting and finalising the Moot Problem. Because, in Supreme Court and High Courts, cases are decided on the basis of question of law than the question of fact.

Another method of organising Moot Court is the discussion on decided case OR the Writs which are filed before the Supreme Court OR High Courts. This will help the students to prepare Moot Arguments based on the question of law as well as to learn the law by practice.

Another method of conducting Moot Court Competition is to prepare an imaginary case as Moot Problem. However, such Moot Problem shall be dealing with the question of law.

Similarly, depending upon the nature of the Moot Court Competition, Moot Problem shall be prepared in relation to an already decided case in a foreign country dealing the question of law of that specific State. 

Moot Problem may also be set based on the Awards delivered by various Alternative Dispute Resolution Organisations, such as WTO, International Court of the United Nations Organisations etc.


0 comments:

Post a Comment

Journal Archive

Related Queries

Your Email is safe with Us

Enter your email address:

Delivered by FeedBurner

Popular Posts