MOOT COURT WORKSHOP

A COMPREHENSIVE TRAINING SESSION TO MASTER IN MOOTING

THE FIRST STEP TOWARDS WINNING!
 STATEMENT OF FACTS
• IN MEMORIALS
a) Stick to the undisputed facts
of the case.
b) Make it as short as possible.
c) Try to make it look like more
like a narration.
d) Never make it look
argumentative.
e) It should be preferably of 1
page and max of 2 pages.
• DURING PLEADINGS
a) State the undisputed facts
before the judge.
b) It should not be more than 1
minute of your allotted time.
c) Try to stress on the most
important facts.
d) Ignore the irrelevant portions
in the factsheet.
e) Try your best to refer to the
exact Para numbers while
making the submissions on
facts.
 FEW THINGS TO REMEMBER!

In a Criminal Law moot; don’t assume the Moot

Proposition to be a Factsheet.
The veracity of the contents mentioned in the
Proposition can be seen with suspicion since they
might simply be the Prosecution version and not
the proven facts.
It is always important to churn out undisputed or
settled facts from the Proposition.
In case, the facts are disputed, then the
Prosecution must prove the relevancy of each of
such contended facts to make it admissible in the
Court of law.
 RESEARCH METHODOLOGY

Read the Commentaries of each and every

provision of law that will be used in the Arguments.
Read the Landmark case laws governing such
provision.
Then switch to online legal service portals to
procure recent judgments on the subject matter.
Be cautious regarding each case as to whether they
have been overruled by any subsequent authority.
Try to stress on SC Judgments. In case, you don’t find
any, try to look for the judgments of the HC of
Delhi/Bombay/Madras/P&H/Allahabad.
Try to base your research on the line of argumentation.
Try to research on certain specific study areas. For
example, in a criminal law moot, do a detailed study on
Medical Jurisprudence and study about various
medicines.
Try to find out if any similar issue is faced by any of the
Courts recently or in the past. That will help you in
giving an overview of the line of thinking with which the
problem could have possibly been made.

Do a detailed study of the Law Commission reports or

any other reports of bodies which can be trusted with in
order to support your legal arguments.
Don’t base any of your arguments on mere Newspaper
reports.
CONTENTS OF A MEMORIAL

•COVER PAGE
•TABLE OF INDEX
•LIST OF ABBREVIATIONS
•TABLE OF AUTHORITIES
•STATEMENT OF
JURISDICTION
•STATEMENT OF FACTS
•STATEMENT OF ISSUES
•SUMMARY OF ARGUMENTS
•ARGUMENTS ADVANCED
•PRAYER
HOW WELL YOU KNOW YOUR FORUM?

• Moot Propositions can be based on various areas of law,

each different from the other.
The Courts of law are now divided in the form of
Constitutional Courts (HC & SC), District Courts,
Lower Courts, Tribunals, Commissions etc.

It is important to be well versed with the provision

which allows you to appear before a particular forum.

This is important since you have to address the Bench

on the crucial aspect of Jurisdiction of the Courts and
Maintainability or admissibility of the matter before
such Court.
KNOCK THE DOORS OF THE APEX COURT
• The Hon’ble Supreme Court of India has both compulsory and
extraordinary jurisdiction.
• The compulsory jurisdiction exists by way of various statutory
appeal provisions.
• For example, the NGT Act, the Consumer Protection Act,
Competition Act etc.
• The extraordinary jurisdictions are basically by way of Art. 32
petitions.
• The Hon’ble Apex Court is open to Criminal and Civil Appeals
under Art. 132-134.
• In cases where the HC has not issued a Certificate of Appeal, an
aggrieved party can have recourse to Art. 136 of the Constitution.
• There can be review and curative petitions filed in the Apex
Court too!
THE EMANATOR OF PILS-ART. 32
• Art. 32 allows a petition to be filed in the Apex Court if the
condition of ‘appropriate proceeding’ is met:

• a) Fundamental rights provided under Part III is

violated.
b) Such infringer must be the “State” as provided
under Art. 12.

• Fertilizer Corporation Kamgar Union v. Union of India,

(1981) 1 SCC 568 holds Art. 32 as “an integral part of the
basic feature of the Indian Constitution.

• Alternative remedy is no bar to file such a petition.

 LOCUS STANDI IN A PIL
• Any member of the public, acting bona fide and having interest can
maintain an action for public wrong or injury to put the judicial
machinery in motion.

• In S.P. Gupta v. Union of India where the SC had laid down that, "Its
jurisdiction can be invoked by a third party in the case of violation of the
Constitutional rights of another person or determinate class of persons
who, by reason of poverty, helplessness, disability or social or economic
disadvantage is unable to move the Court personally for relief". [See
1981 Supp SCC 87, AIR 1982 SC 149[ in P.17 and 24]

• In People’s Union for Democratic Rights vs. Union of India, the court
expanded the doctrine of locus standi, “If a plaintiff with a good cause
is turned away, merely because he is not sufficiently affected personally,
that means that some government agency is left free to violate the law,
and that is contrary to the public interest“ [(1982) 3 SCC 235 [ in P.9]]
JUDICIAL REVIEW OF POLICY DECISIONS
• While holding the scope of Judicial Review to policy
decisions the Hon'ble Apex Court held in Lafarge
Umiam Mining (P) Ltd. v. Union of India that, "The
time has come to apply the constitution 'doctrine of
proportionality' to the matters concerning environment
as a part of the process of judicial review in
contradistinction to merit review. It cannot be gainsaid
that utilization of environment and its natural resources
has to be in a way that is consistent with the principles
of sustainable development and intergenerational
equity, but balancing of these equities may entail policy
choices. In the circumstances, barring exemptions,
decisions relating to utilizations of the natural resources
have to be tested on the anvil of the well-recognized
principles of judicial review“ [(2011) 7 SCC 338, P.119]
BREAKING THE ODDS- Art. 136
• Art. 136 gives a plenary power to the Hon’ble SC by
way of which it may interfere in order to prevent
injustice and errors of law.
• Only questions of law must be raised in the Arguments
and not question of facts. [Applies only to Crl Appeals.
• The impugned order must be an appealable judgment.
• There must either be a miscarriage of justice or a
gross error of law caused by the impugned order.
• Interference need not be encouraged if concurrent
orders exist. [Not a hard and fast rule]
• Alternative remedy is no bar.
GROUNDS TO OPPOSE THE ADMISSION
OF AN SLP UNDER ART. 136.
• If substantial justice has been done by the previous
order.
• In case there is no substantial question of law
involved.
• In case there is no irregularity of procedure.
• If principles of natural justice have not been affected.
• If question of facts are raised.
• Try to defend by showing the purpose of Art. 134(1)
would be superfluous if a Leave is granted.
Criminal & Civil Appeals to the SC
• The Constitution provides with specific provisions that
allows an aggrieved Party to approach the SC after
being dissatisfied with an order of the HC in any civil
or criminal matter. Such provisions are provided from
Art. 132-134.

• Conditions to be fulfilled:
a) The HC must provide with a certificate under Art.
134A.
b) Must involve a substantial question of law.
c) Advisable to show misinterpretation of any of the
Constitutional provisions.
HIGH COURTS
OF INDIA
WRIT JURISDICTION UNDER ART. 226
• The process of proving the Locus Standi remains
almost similar to SC.
• The scope is widened as it allows its writ jurisdiction
to be exercised upon violation of any legal right.
• The infringing authority must be a “State” as
provided under Art. 12.
• Both questions of law and question of facts can be
raised.
• Alternative remedy is a bar to such Petitions.
• The jurisdiction is guided by the sound principles of
Res Judicata.
QUASHING PETITIONS UNDER S. 482 Cr.P.C.

• S. 482, Cr.P.C. gives inherent powers to the HC to quash

petitions/orders/proceedings/charge-sheet etc.
• The jurisdiction is exercised to generally secure the ends of
justice.
• In cases of non-compoundable offences, the HC can use this
provision to quash any proceeding in case the Petitioner
withdraws his/her applications.
• It is generally not exercised in cases where there exists no prima
facie evidence of the accused being false implicated or where
there are no chances that the accused might have been falsely
implicated.
JURISDICTION UNDER S. 389 CrPC
• The Appellate Court is given a power to suspend the sentence
of a person convicted whose appeal is pending for a long time.
• The HC can thereby release the person on bail.
• The general provisions of bail will be followed.
• The jurisdiction can be exercised only where there exists prima
facie evidence that there is a greater likelihood of acquittal on
appeal.
• For example, in case a person sentenced for life sentence goes
for appeal to the HC and the matter is pending for suppose 5
years, then he has a remedy in terms of an application which is
to be made for suspension of such sentence until the appeal is
heard and decided.
TRIBUNALS, COMMISSIONS AND
JUDICIAL FORUMS
• Some moots might have any of the Tribunals or
Judicial Forums or any Commissions as the Court of
law before which the submissions are to be made.
• Tribunals might include- ITAT, IPAB,CAT , DRT etc.
• Commissions might include- CIC, NHRC,SHRCs etc.
• Forums might be – Consumer Forums/Courts.

All these judicial bodies have the scope of their

jurisdiction provided by way of the statutes under
which they have been constituted.
INTERNATIONAL
LAW FORUMS
INTERNATIONAL COURT OF JUSTICE
• The ICJ has various kinds of Jurisdiction:
a) Compulsory Jurisdiction- Art. 36(1) of the Statute
i) Interpretation of a treaty
ii) any question of international law
iii) Existence of fact that violates int. law.
iv) nature or extent of reparation.

b) Special Agreements- Art. 40(1) of the Statute.

c) Advisory Opinions- Art. 65 of the Statute- Upon

request by any member of the UN or the General
Assembly.
OTHER INTERNATIONAL JURISIDICTIONS

• VARIOUS COURT OF HUMAN RIGHTS LIKE :

A) ECtHR
B) ACtHR
C) IACtHR etc.
have their jurisdiction exercised by the Conventions that
have constituted them.

For example, the European Convention on Human Rights

provides for the constitution of a European Court of
Human Rights.
 STATEMENT OF ISSUES
• The issues must be legally correct.
• They should adhere to the requirement of being raised
in an appropriate proceeding.
• Try to raise Questions of Law and not Questions of
Facts.
• Keep your issues smaller and to the point.
• The number of issues framed should not ideally exceed
5 and should not be less than 3.
 SUMMARY OF ARGUMENTS
• The summary should ideally be of 2 pages.
• It should not be a mere repetition of any paragraphs
of the Arguments Advanced.
• Try to make short and crisp summaries.
• Include the key arguments that can win you the case.
• Just correlate your facts and submissions.
• No submission on any case law should be made.
 ARGUMENTS ADVANCED
• TIPS FOR WINNING THE BEST MEMORIAL:
a) Use authentic authorities in footnotes.
b) At least one footnote in every sentence.
c) Make relevant issues to the case.
d) Make an many sub-issues, sub-sub-issues as you can.
e) Demarcate each Paragraph with a Para No.
f) Submissions must have a clear link between the
arguments raised in terms of the law and the facts of the
case.
g) Mention as many relevant authorities as you can in a
single footnote.
 PRAYER
• Be specific in your request for relief.
• Always mention the exact damages that you seek, if
any.
• In case, you are the Defendant/Respondent, then
simply ask for the dismissal of the suit/petition.
• Mention the exact punishments that you are asking for
in case of a conviction.
• In an SLP, there will be additional column titled
“Drawn by” apart from the “Counsel for the
Petitioners / Respondents.”
 FOOTNOTES
• Follow the Bluebook citation formats.
• In case any other format is mentioned in the Rules,
please adhere to the same.
• The entire memorial is judged on the credibility and
authenticity of footnotes, so make sure they are all
authentic.
• Try to avoid speaking footnotes.
• Mention your citations of case laws with utmost care.
• Ensure that you have mentioned the para number
cited in each case law.
 HOW TO SUCCED IN ORALS

Follow IRAC:-
A) “I”- ISSUE
B) “R”- RULE
C) “A”- ANALYSIS
D) “C”- CONCLUSION

• Adhere to Court Mannerisms.

• Be humble, polite and stand upright.
• Never lean on the Podium.
• Refrain from hand and body movements while
arguing.
 COMPENDIUMS
• Often called the “Paper Book”, it must contain all
relevant case laws, documents, reports, date etc that
you are placing reliance to strengthen your
substantive arguments.
• It should be preferably Spiral bound and should be
submitted prior to the bailiffs prior to the Oral
session.
• It should be well marked and well flagged with stick
notes or other indentifying materials.
• It should not contain your college identity anywhere.
• Books and other resource materials can be submitted
alongside Compendiums to substantiate any legal
opinion.