Moots and Mock Trials
Moots:
Moots are legal problems in the form of imaginary
cases , which are argued by two students “counsel” on each side with a
‘bench’ of three judges representing the court of Appeal or sometimes
the House of Lords. The arrangement of the moots is usually done by
student’s law society. Mooting not only gives the students practice in
court procedure but helps to develop the confidence that every
advocate should possess.
The moot should ideally have two separate points for
argument, one for each of the two pairs of counsel. Counsel should
notify opposing counsel of the main proposition and of all the
authorities on which they rely. The organizer of moots should also be
informed of the authorities to be cited, in order that he may arrange
for such reports or case books as are available to be brought to the
courtroom. The moot is attended by audience and it is important to
confine the proceedings to a reasonable length .The moot has to be
between half hour and 40 minutes for each side. The presiding judge
begins by referring to the case and then he says “I call upon Mr/Miss X.
Junior counsel for the appellant is then invited to address the court,
followed by two counsel for the respondent. The appellant is supposed
to have a right of reply. Alternatively, the speaking order can be first
leading counsel for both the appellant and two respondent.
Both counsel and judge follow strictly the procedures of court.
For example, counsel rise to their feet when addressing or being
addressed by the court. If the opponent interrupts, the student resume
his seat .If the students has occasion to refer to his colleague as
‘learned leader’. The interruption should be as gentle and courteous as
possible. The student addresses a judge as “My Lord” and “Your
Lordship”. Female judges are addressed as “my lady” or “Your
ladyship”.
The student should state his main point as impressively as he can.
Since, the time is limited the student, in the moot, should come
immediately to the main point. The objection need not represent
judge’s real opinion and the objection is made in order to see how the
student counsel responds. If any student counsel thinks that he has an
argument, he should stand up and say. If the student counsel presented
his case to the best of his ability and if the judge is not convinced, he
can accept the defeat graciously and sit down.
The organizer of a moot should consider its timing. The author
advises that it would be much better to hold the moot between 2and 5
p.m. He also says that the number of audience may be small and he
advises a small number of audiences for a better moot. The author says
that the student counsel can argue well in a moot if he has trained
himself for speaking in the public. He can use tape recorder for this
speech practice.
Preparation:
Thorough knowledge of the case, including from the opponents
point of view. The thorough study and deep thinking should be
developed citation must be made accurately, the list of case court,
year, volume and page number must be specifically stated.
Position:
It is always good for an advocate to foresee the favorable
position and to secure it deliberately generally the position depends
upon the following. Facts of the case, Evidence , Allegations , Defense,
Circumstances , Burden of proof and the nature of the cases.
Presentation:
It is an art persuasion. It is impressive presentation by
effective communication with adequate deliberation and force. An
advocate must argue only on strong points. It also including the
following points.
Vocabulary:
It is the best weapon of an advocate it is the key of though
and media expression it must be convincing persuasive in nature.
Eloquence:
An advocate must have a good command over the language it
will improve his personality.
Readiness:
An advocate must be always ready to meet any contingency
because of the moves of his opponents and the question raised by the
judges. It needs good presence of mind alertness and a good reasoning
ability.
Persistency:
It denotes the capacity to continue your speech without any
abstraction.
Good Court Manners:
An advocate must patiently and intelligently watch the
situation and convert the same into his victory. Honesty, assimilation of
facts, fitness of though, accuracy of statement, courtesy , good
character will double the standard of the advocates.
Conclusion:
Short explanation, vivid description happy illustration, indirect
suggestion with proper adequate deliberation is the best instrument of
a persuasion it must be properly be utilized to went the mind of the
judge and the case.
Mock Trials
A mock trial differs from a moot in that it is a mock jurytrial with jury and witnesses. It is not an argument on law. The
proceedings may be with witnesses, and court and counsel wear robes.
The audience may consist of non-lawyers also. The proceedings should
either be leavened by humour or present an intellectual problems.
There are two ways in which the trial may be got up. First it may have
been enacted beforehand by witnesses. The second way is to give each
witness simply a statement of his evidence, which he is expected to
remember. The actual trial is a valuable experience for the students
who take part in it as counsel. It is a good plan to set the scene of the
case in some place known to the audience. Sometimes the mocktrial
can be modelled upon an actual case in one of the trial series. In the
mock trial the number of witnesses may be limited to five or six.
Mock trial is different from Mootcourt in following ways,
1. It is a jury Trial
2. It consist of Jury & witnesses
3. It is a humorous and entertainment
This Mocktrial consists of three games namely
1. Alibi
2. False Evidence
3. Third Degree method
I. Alibi
For these purpose groups would be divided into four our of
these, two will play the role defendants and the remaining will play
the role of prosecuting counsels. For example, it is assumed the two
defedants have committed a crime particular time at a particular
date, says between 10 & 11 pm last Wednesday. The jury word give
verdict on by the show of hands of majority opinions.
II. False evidence
In this same jury will give completely a false name and life to
each defendant. They have to submit to the counsel at least a week
before their life not exceeding 100 words .Based on that counsel will
prepare the questions. Witness shall absent when the defendants
are been questioned in the court. Each defendants will call for a
witness in support of his evidence.
III. Third Degree
Third degree is popularly known as Police jelum in India. It is the
much interested one in the evidence law. For this purpose one
member of the party will be told of an alibi for example he may told
that his alibi relates to a period between 2 and 5 pm. Last Thursday,
when he left the neighbouring town and visited a friend in the time
of Tea. He has to make the same statement. I he did so he would
gonged. The only beauty of this game is that only two players can do
it. Loading questions can also be asked in the games.
Conclusion:
These games helps budding advocate to increase ability of
interview and interrogations by doing so we can ascertain exact
truth.