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.
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