THE ART OF MOOTING

On what makes an Excellent Lawyer !

By Bharat Chugh

WHAT IS A MOOT COURT ? Fighting it out in the Court ! Mooting is the oral presentation of a legal issue or problem against an opposing counsel and before a judge. It is perhaps the closest experience that a student can have whilst at university to appearing in court.

WHY MOOT ? A drop of sweat in practice; saves blood in war ! It can make you more Confident, Presentable and Sharp. Looks good on your CV. Paid VacationGives you that competitive edge.Memorials – will help your drafting skills. Networking

STAGES IN MOOTING

STAGE – 1 - PREPARATION/RESEARCH1.Master the Facts –

1. Pin the Moot Court problem to your bedroom door.

2. Live the Moot Court Problem. Think about it all the time.

3. Identify the KEY FACTS 2.Look for contemporary incidents

related to the Moot Court Problem. 3.Identify the key legal issues.1. To master one thing – you also have to master the ones

next to it !

4. Broader significance of the topic. The Policy aspect !

5. Getting into books. Understand the legal concepts. (leave that mouse alone!)

1. Bare Acts to begin with. 2. Most basic textbook you can find; 3. You have to know the background/object/intent of the law in

order to guide the court to its correct interpretation. Gradually build your legal research up and search latest case

law;1. Never cite a case that you haven’t read fully; 2. See if it has been over-ruled; 3. See if it is per-incuriam; 4. Discern whether it is ratio or obiter on the point that you seek

to rely on ?5. Try to add the constitutional element to it; 6. Comparative foreign positions.

STAGE – 2 – DRAFTING THAT KILLER MEMORIAL

1. Read the drafting rules carefully. 2. Understanding Parts of the Memorial.1. Brief Facts (in Chronological Order) 2. Statement of Jurisdiction. 3. Summary of Arguments (Issue Wise)4. Detailed Arguments (Issue Wise)5. Relief

3. Integrating facts with Law. Connect each statutory provision/judgment with facts.

4. Proof Reading – Best Memorials are never written, they are always re-written.

5. Try finishing the memorial at-least a week before submission.

STAGE 3 - PREPARING YOUR ORAL PRESENTATION 1. Mind Map2. Clear Arguments – Sub Arguments 3. To write a speech or not ? (Don’t read from a Paper) 4. Mirror, Mirror on the Wall ! 5. Trial by fire - have somebody GRILL YOU ! 6. Take the judge along – your and his moral compass

should be aligned. 7. Don’t fight for the heck of it. Politely concede facts

against you.

COURT CRAFTHow to Start : May It please your lordship(s)/Hon’ble Members Variations : Your Lordship/My lord, My Lady/Your Ladyship, Your excellency, Your honour, Sir. (If three judges address according to gender of chairman) Towards Opposite Counsel : My Learned Friend/My Ld.ColleaguePhrases : May I invite mylord’s attention to this …..How to End : ‘My Lord/Lady, that concludes my submissions. May I be of any further assistance to the court?’ or any equivalent phrase.

SOME MORE TIPSFools rush in, where angels fear to tread. Don’t be one ! Think before you answer. If you’re cornered – your co-counsel can deal with it. If you’re absolutely cornered – honestly concede “I am grateful for the question, mylords, but I plead ignorance, I’ll be happy to assist the court, if given some time on this…”Don’t just break the opposition’s case – make your own.Don’t speak over the judge Manage your time well ! Practise with a stop watch. Good Counsels know the law, better counsels know the judge !

LASTLYRemember, it’s like being in a bouncy – you fall but you don’t get hurt. Remember your job is that of officer of the court and not the mouthpiece of the client. Be persuasive - not aggressive. Real test is how you perform under fire. Rules of Statutory Interpretation are your best guides. Always look at the object of the law you are interpreting. Dress Professionally And lastly, have fun doing it.

LET US TRY MOOTING

ONE FLUTE, WHO DO YOU GIVE IT TO ?

Jaya

Sunny

Ram

THE SMOKE BALL CASE

FACTS - The Carbolic Smoke Ball Co produced the 'Carbolic Smoke Ball' designed to prevent users contracting influenza or similar illnesses. The company's advertised (in part) that: “100 pounds reward will be paid by the Carbolic Smoke Ball Company to any person who contracts the increasing epidemic influenza, colds, or any disease caused by taking cold, after having used the ball three times daily for two weeks according to the printed directions supplied with each ball.  1,000 pounds is deposited with the Alliance Bank, Regent Street, showing our sincerity in the matter”. After seeing this advertisement Mrs Carlill bought one of the balls and used it as directed. She subsequently caught the flu and claimed the reward.  The company refused to pay. Mrs Carlill sued for the reward. 

ISSUESWhether Company liable ? Whether a valid contract ?

Offer (Communication) + Acceptance (Communication) + Consideration (Benefit/Detriment) = Contract

CLAIM 1. The advertisement was clearly an offer; it was designed to be read and acted upon and was not an empty boast 2. The advertisement was made to the public and as soon as a person does the specified act there is a contract 3. Merely performing the act constitutes acceptance; further communication is not necessary: 4. The terms are not too vague and uncertain

DEFENCE 1. The advertisement was too vague to constitute a contract (in particular, it is not time limited and it would not be possible to check whether the ball had been used or used correctly) 2. There was no consideration from the plaintiff. 3. This was a mere sale puff. 4. To make a contract by performing a condition there needs to be either communication of intention to accept the offer or performance of some overt act; in particular, merely performing an act in private is not sufficient

CONCLUSION 1. There was a valid offer. 2. An offer can be made to the world 3. This was not a mere sales puff (as evidenced, in part, by the statement that the company had deposited £1,000 to demonstrate sincerity) 4. The language was not too vague to be enforced 5. Although as a general rule communication of acceptance is required, the offeror may dispense with the need for notification and had done so in this case. 6. There was consideration; the inconvenience suffered by Mrs Carlill in using the smokeball as directed was sufficient consideration. In addition, the Carbolic Smoke Ball received a benefit in having people use the smoke ball.

HAPPY MOOTING ! THANK YOU