WHAT IS MOOTING?
In many ways, a Moot Court competition is a replication of a court hearing scenario (usually an appeal against a particular decision), wherein the participants analyze a particular problem, research the relevant law, prepare their written submissions, and present their oral arguments. Moot problems are usually set in areas of law that are unsettled or that have been subject to recent developments. They generally involve facts, issues , arguments and prayer by each side.
The procedure of Moot Court Competition is an imitation of something that is followed in real courts – viz., the judge enters, the mooters and the judge bow to each other, the Court clerk keeps a track of time in the competition, the mooters communicate their appearaance and are then called on in turn to offer their submissions, the judge asks questions to the mooters and then the judge .a.llocates points on the basis of performance of both the participants which helps in deciding the winner of Moot court Competition.
Mooting is not equal to 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 Asian Law College (ALC), Noida.
WHY MOOT?
There are several reasons to moot. Mooting enables law students pursuing both three-year LLB as well as five-year B.A.LL.B. course of study:
(1) to engage with and think deeply about the interesting and complex legal issues,
(2) to enhance their advocacy, legal research and writing skills,
(3) to work in proximity with and learn from their peers
(4) to display their interest in advocacy and competence as an advocate to prospective employers who are called in the capacoty of Judge in such competitions. Most law students will find mooting to be intellectually rewarding and highly enjoyable.
MOOTING TECHNIQUE: SOME BASIC TIPS
* It is very important for law students to engage with the bench. This requires the students to bring together several skills like 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 – i.e., never, ever talk while the judge is talking!
* Students should remember that it is generally accepted to ask a judge to repeat a question if they 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 they really do not know the answer.
* 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 relief they have prayed for . They should therefore be very familiar with the moot problem and be able to take the judge to relevant paragraphs in it.
* The students should frequently make extensive use of authority in delivering their submissions. They need to know what principle a given case stands for and if the precedent citied during argument will have binding effect or persuasive effect in the court before which participants are appearing.
* Students should also remember that a vital aspect of mooting is time management. They therefore need to be able to expand or contract their submissions depending on how interventionist the judge is.
Keeping the benefits of Mooting and the vital role it plays in shaping the career of law students Asian Law College ( ALC) keeps its students involved in a variety of Inta and Inter college moot court competitions on diversified subjects of Law throughout their academic journey with ALC for helping each student to gain the desired advocacy skills.