Moot Court Exercise and Internship Notes | LL.B. (3 years) Semester 5 | Mumbai University | munotes

Contents

Module I Moots

1. Moot Court Exercise and Internship: What This Course Is and How It Is Assessed 1
2. What a Moot Court Is: The Bench, the Counsel, the Memorial and the Marks 5
3. The Courts a Moot Is Argued In: Original, Appellate and Writ Jurisdiction 10
4. Reading a Moot Problem: Facts, Dates, Parties and the Questions Set 16
5. Finding the Issues: Maintainability, Rights and the Statute 20
6. The Running Moot Problem: The Sagarnagar Street Vendors' Case 25
7. The Parts of a Memorial, in Order 36
8. Writing an Argument: Issue, Rule, Application, Conclusion 40
9. Citing Statutes and Cases in a Memorial 44
10. A Complete Memorial for the Petitioners 48
11. A Complete Memorial for the Respondents 56
12. Checking and Submitting a Memorial, and Its Entry in Your Record 63
13. Finding the Law: Acts, Rules, Notifications and Amendments 67
14. Finding Case Law: Law Reports, Court Websites and Neutral Citations 71
15. Reading a Judgment: Ratio, Obiter and the Weight of a Precedent 74
16. The Research Log: Keeping the Research Honest 79

Module II Observance of trial proceedings

1. Going to Court: Which Court, Which Matter, and How to Conduct Yourself 82
2. The Stages of a Civil Suit, From Plaint to Decree 87
3. Witnesses in Court: Examination-in-Chief, Cross-Examination and Re-Examination 92
4. Observing a Civil Trial: Procedure and the Record for Your Journal 96
5. The Stages of a Criminal Trial Under the BNSS 100
6. Observing a Criminal Trial: Procedure and the Record for Your Journal 105
7. Watching Court Proceedings Online: Live Streaming and Video Conferencing 109
8. Writing a Brief Report on Proceedings Attended 114

Module III Internship at lawyer’s office

1. The Internship: What the Rules Require and How to Find One 118
2. Conduct and Confidentiality in a Lawyer's Office 122
3. Interviewing a Client: Technique and the Record of Two Interviews 126
4. Pre-Trial Preparation: From the First Meeting to the Filing of a Suit 130
5. The Internship Diary, Court Attendance and the Internship Certificate 135
6. The Internship Report: What You Learned, Skill by Skill 139

Module IV

1. The Viva Voce: What Is Asked and How to Answer 142
2. Court Manners and Forms of Address 146
3. Building the Oral Argument: Roadmap, Time and Prayer 150
4. Answering the Bench, and Rebuttal 153
5. A Complete Oral Submission for the Petitioners 157
6. A Complete Oral Submission for the Respondents, With Rebuttal and Sur-Rebuttal 162
7. Your Moot Court Record: Three Moots, Written and Oral 166