Mooting essentials and tips
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This document provides tips on drafting memorials for moot court competitions. It outlines the typical structure of a memorial, which usually includes a cover page, table of contents, index of authorities, statement of jurisdiction, statement of facts, summary of arguments, arguments advanced, and prayer. It describes the purpose and content of each section. Key points are to carefully read the competition rules, do thorough research, properly format and present the memorial, and be prepared to address counterarguments. The overall goal is to concisely yet persuasively argue the case within the prescribed structure and guidelines.
Mooting essentials and tips
- 1. DRAFTING OF MEMORIALS AND TIPS By Swati Agrawal , Final year, BBA LL.B (HONS.) ICFAI University, Dehradun
- 2. 2 • Cover Page • Table of Contents • Index of Authorities •Statement of Jurisdiction • Statement of Facts • Statement of Issues • Summary of Arguments •Arguments Advanced • Prayer STRUCTURE OF THE MEMORIAL
- 3. 3 UNDERSTANDING THE STRUCTURE COVER PAGE CONTAINS • TEAM CODE • TITLE OF MOOT (OPTIONAL) • COURT IN WHICH YOU ARE ARGUING THE CASE • PETITIONER NAME(S) • RESPONDENT (S) ALWAYS READ THE RULES OF COMPETITION WELL TO UNDERSTAND THE PARTICULARS OF COVER PAGE AND COLOR OF IT
- 4. 4 INDEX OF AUTHORITIES • It contains all the case laws that you have referred in the memorial, articles referred, books and statutes used and any other reports referred to. • It is important to note that the case laws in the index of authorities must be in the chronological order. Also it is advisable that you mention the page number along with the case. • The internet database like manupatra, westlaw must not be mentioned.
- 5. STATEMENT OF JURISDICTION It contains a brief description of the jurisdiction of the Court. The relevant provision which gives the Court jurisdiction to entertain the case is mentioned here. It is important to note that the speaker should be clear regarding the statement of jurisdiction since questions are asked by judges regarding this during the preliminary round.
- 6. 6 STATEMENT OF FACTS • It contains the precise facts of the case ( moot problem) • Your purpose here is to reframe the facts taking out all the irrelevant facts and keeping it short and to the point. In some of the moots the page limit of statement of facts is 2 pages. • It is advisable to write the facts in points or divide it into sub headings. The speaker should remember the facts of the case since sometimes when representing the petitioner side, you may have to tell the facts.
- 7. 7 SUMMARY OF ARGUMENTS It is only a brief idea of the arguments that you will cover in each issue dealt with. Keep it short. Just one paragraph for each issue not more than that. Usually summary of arguments isn’t relevant when you are arguing the case. It can be usually of 2-3 pages depending on number of issues you are dealing with.
- 8. 8 ARGUMENTS ADVANCED This is like the main body of memorial. It involves the arguments on each issue. Don’t just start writing the arguments in points. Divide the issue into various headings like the elements of offence whether it is satisfied or not. First write the law then relate it with the facts and provide various case laws in support of your arguments. Don’t write too lengthy arguments like an article. Keep it short and to the point. Refer the rules for number of pages of arguments advanced. It should ideally be of 12-15 pages
- 9. 9 PRAYER It is the relief that you are asking from the Court. It usually starts with the line “WHEREFORE, in light of the issues raised, arguments advanced and authorities cited it is most humbly and respectfully requested that this Honble Court to adjudge and declare that Mr. X is not guilty of the crimes of cheating and criminal conspiracy. 2. The Trial court‟s conviction order of Mr. Y should be reversed. The court may also be pleased to pass any other order, which this Hon’ble Court may deem fit in light of justice, equity and good conscience. It is to be noted that you must be crystal clear with the relief that you are asking from the Court. Anything that is not argued cannot be claimed in prayer.
- 10. 10 KEY POINTS TO REMEMBER • Always read the rules of the Moot Court Competition. It contains key points relating to drafting of memorials. • Do proper research on the laws involved in the case. It will help you be prepared for oral rounds when the questions are asked by the judges. • Do proper flagging of the memorial so that you can move to the important case to bring in the attention of judge. • Keep a copy of all the case laws that you have cited in the memorial (Compendium)
- 11. Cont. • Make sure that the formatting of memorial is correct and it looks clean Use spiral binding and good quality paper. Presentation matters. • Tackle objections which might come from the other side. Negate or distinguish the cases which might be used by the other party. • Have multiple copies of every document you want to use. Have one copy for every judge and save time!
- 12. 12 THANK YOU AND WISH YOU ALL THE BEST!