What is Moot Court?

Moot court is a simulated oral argument, similar to an argument made before an appellate court.
The argument lasts around fifteen minutes, during which time the attorney presents an argument
and answers questions posed by the panel of judges. It is not a trial: there are no witnesses and
no evidence. The arguments are evaluated on the application of the law to the facts of the case.
What is an Oral Argument?
An oral argument is a part of the appeals process which consists of one party asking the court to
uphold or overturn a lower courts decision. An appeal occurs after there has been a full trial and
a final judgment on the case in the lower courts. In these instances, the losing party finds a
reason why the trial court and/or the intermediate appeals courts decision was wrong and is
seeking to have the lower courts decision overturned by the higher court, Supreme Court. The
winning party, then has the opportunity to defend the lower courts decision on that issue.
At the appellate level, an oral argument is the only opportunity for a lawyer to argue his/her
clients case in person before the court. This argument is limited to the issues raised in their brief
and the facts of the case determined in the lower trial court. The argument is made solely by
lawyers before a panel of judges.
The purpose of an oral argument is for the attorney to answer questions of the judges about their
argument submitted in their brief. And, to make sure the judges understand and focus on the
claims made. A good oral argument will point out the essential elements of the case, highlight the
brief and explain why the judge should rule in the favor of their client.

What is the Difference Between Moot Court and Mock Trial?

Moot Court involves an oral argument appealing a case that has already been heard by a district
court. It is not a mock trial; there are no witnesses and no objections. Although the Petitioner
will have the opportunity to make a brief rebuttal, it is not a debate.
Oral argument is when attorneys actually argue in front of an appellate court. Moot court is the
same thing, except that it is when students are simulating what an oral argument would be like in
an actual court. Mock Trial is the actual trial that takes place before the possibility of an appellate
argument can even be considered, complete with witnesses, exhibits to be entered into evidence,
and a jury who will decide the final verdict. In Mock Trial, the attorneys on both sides are
attempting to convince a jury, comprised of citizens, not judges, most of the time there are 12
jurors, as to who is responsible or not responsible, guilty or not guilty. In an oral argument, the
attorneys are arguing a legal issue to a panel of 3 -9 judges about whether or not the lower court
made the right decision according to what the law states.
When a case is first filed, it will first go to trial court where all the facts will be determined, by a
jury, through the presentation of evidence and through the testimony of witnesses. The record
from that trial is preserved for appeal. Moot Court oral arguments are what happens at the next
level of the judicial process, after a trial is finished, and a jury has set a verdict, the appellate
court. The appellate court relies on the facts that came out at the trial level, on appeal, the
attorneys get to present their legal arguments for their sides and the judges will interrupt them to
ask questions, to get a better understanding of the issue and the arguments being made.

Moot Court
A method of teaching law and legal skills that requires students to analyze and argue both sides
of a hypothetical legal issue using procedures modeled after those employed in state and federal
appellate courts.
In the mid-1700s moot courts in the United States had a tradition of debate and oratory revered
in undergraduate institutions such as Yale College. Moot court exercises have changed in the

United States since that time. Law instructors present hypothetical cases and students argue them
before professors or other lawyers, who serve as judges. Hypothetical cases often address matters
of current political and constitutional import.
Moot court requirements vary from law school to law school, with most schools mandating that
students participate at least once in a moot court argument before receiving their law degree.
Many law schools offer a series of moot court opportunities for students of differing skill levels
and legal interests. The activity is competitive by nature, and students vie for honors within their
school and in regional and national moot court competitions featuring teams of students from
several law schools.
Moot court helps students learn to analyze legal issues; its larger purpose is to teach students the
practical side of practicing law. Typically, law students are given a detailed hypothetical fact
scenario that raises one or more legal issues. Often these fact patterns are based on real cases on
appeal to a state's highest court or the U.S. Supreme Court. Students choose or are assigned the
position on the issue to be argued. They then conduct legal research, finding statutes, regulations,
and case law that both support their position and detract from it. An important part of the moot
court process is to teach students to overcome legal authority (statutes, regulations, and cases)
that cuts against their position.
Students then draft appellate briefs, which are formal legal papers combining a recital of the facts
of the case with analysis and argument of the legal issues raised. As with real appellate courts,
moot courts generally dictate many specific requirements for a brief, including the size of the
paper, the width of the margins, and the maximum number of pages. Citations to legal authority
must also be listed in a uniform style.
Once the briefs are written, students prepare for the second phase of moot court advocacy: oral
argument. Oral argument demands preparation, organization, and the ability to think quickly and
respond convincingly when questioned. The student appears before a panel of judges (typically
law professors, actual judges, or other students) and presents her or his position on the legal
issue. Each student has a time limit, normally five to ten minutes, to convince the panel. As with
real appellate courts, judges on the panel are free to interrupt the student advocate frequently and
at any time to ask questions about the facts of the case, legal authority for or against the student's
position, or the student's thoughts and opinions about the case's out-come. Students learn to

anticipate difficult questions about their legal position and respond intelligently and persuasively.
Following oral argument, the moot court panel often will review the student's performance.
Moot court is modeled after the appellate procedure employed in state and federal courts. Moot
court is sometimes confused with mock trials, a similar learning method by which students
conduct a jury trial based on a hypothetical fact pattern. Where moot court emphasizes legal
research, analysis, writing, and oratory, mock trials emphasize jury persuasion techniques and a
thorough familiarity with the RULES OF EVIDENCE.
Top moot court advocates from law schools throughout the country compete each year at a
variety of national moot court competitions, many having a focus on a specific area of the law.
The National Moot Court Competition is held annually in New York City and focuses on issues
of Constitutional Law. The Philip C. Jessup International Law Moot Court Competition, held
each spring in Washington, D.C., is sponsored by the American Society of International Law and
the International Law Students Association. The Chief Judge Conrad B. Duberstein National
Bankruptcy Moot Court is an annual competition focusing on bankruptcy issues.

RIGHT TO INFORMATION
NATIONAL LEGAL SERVICES

AUTHORITY 12/11,

JAM

NAGAR

HOUSE,

SHAHJAHAN ROAD NEW DELHI (i) The particulars of organizations, functions and
duties.
The National Legal Services Authority (NALSA) has been constituted under the Legal
Services Authorities Act, 1987 to provide free Legal Services to the weaker sections of the
society and to organize Lok Adalats for amicable settlement of disputes. To give effects to the
policies and directions of the NALSA and to give free legal services to the people and conduct
Lok Adalat in every State, State Legal Services Authority has been constituted.
Free Legal Services
1

Payment of court fee, process fees and all other charges payable or incurred in connection
with any legal proceedings;

Providing Advocate in legal proceedings;

Obtaining and supply of certified copies of orders and other documents in legal
proceedings;

Preparation of appeal, paper book including printing and translation of documents in

legal proceedings etc. etc.

Prelitigation settlement by mediation/conciliation etc.

Eligible persons for getting free legal services

1

Women and children

Members of SC/ST

Industrial Workmen

Victims of trafficking in human beings or beggars

Victims of mass disaster, violence, flood, drought, earthquake, industrial disaster etc.

Disabled persons

Persons in custody

Persons whose annual income does not exceed Rs. 1,00,000/-. (in Supreme Court,
Income Ceiling Limit is Rs. 1,25,000/- and in some States the limit is Rs. 50,000/-)

Free Legal Services can be availed from:

1

Supreme Court Legal Services Committee, 109, Lawyers Chambers, Supreme Court of
India, New Delhi for Supreme Court Cases.

State Legal Services Authority constituted in all the States of the country

High Court Legal Services Committee situated at High Court Complex in every High
Court.

District Legal Services Authority situated in the District Courts Complex in every District
of the country.

Taluk Legal Services Committee situated in the Taluk Courts Complex

LOK ADALAT
Lok Adalat is a forum where the disputes/cases pending in the court of law or at prelitigation stage are settled/compromised amicably. Lok Adalat has been given statutory status
under the Legal Services Authorities Act, 1987. An award made by the Lok Adalat is deemed to
be decree of a civil court and is final and binding on all parties and no appeal lies before any
court against it.
NATURE OF CASES TO BE REFERRED TO LOK ADALATS
1

Any case pending before any court.

Any dispute which has not been brought before any court and is likely to be filed before
any court.

Provided that any matter relating to an offence not compoundable under the law shall not be
referred to/settled in Lok Adalat.
HOW TO GET THE CASE REFERRED TO THE LOK A DALAT FOR SETTLEMENT

Case pending before the courts:

o

If the parties agree to settle the dispute in Lok Adalat or

One of the parties make an application to the court or

The court is satisfied that the matter is an appropriate one for settlement in Lok
Adalat.

Any dispute at pre-litigative stage

The State Legal Services Authority or District Legal Services Authority as the case may be , on
receipt of an application from any one of the parties to any pre-litigation stage matter refer such
matter to the Lok Adalat for amicable settlement.

Function Duties The Authority performs the functions as prescribed in the Legal Services
Authorities Act 1987.

(ii) The powers and duties of its officers and employees.

The officers and employees discharge their functions as prescribed under National Legal
Services Authority Rule 1995.
(iii) The procedure followed in the decision-making process, including channels of
supervision and accountability.
As per the provisions of the Legal Services Authorities Act 1987 and National Legal Services
Authority Rules, 1995.
(iv) The norms set by it for the discharge of its functions.
The Authority is discharging its functions in accordance with the Legal Services Act, 1987 and
National Legal Services Authority Rules, 1995.
(v) The rules, regulations, instructions, manuals and records, held by it or under its control
or used by its employees for discharging its functions.
a)The

National

Legal

Services

Authority

Rules,

1995.

b)The Permanent Lok Adalat (Other Terms and Conditions of Appointment of Chairman and
Other
c)

National

Persons)
Legal

Services

Rules
Authority

(Lok

Adalat)

2003.
Regulations,

2010

d) National Legal Services Authority (Free and Competent Legal Services) Regulations 2010
e) National Legal Services Authority (Legal Aid Clinics) Regulations, 2011
People can get information telephonically or they can visit NALSA between 9.30 AM to 6 PM
on any working day for obtaining information.

Difference between Civil Contempt and Criminal Contempt are given below:
Civil Contempt:
1. Civil Contempt is defined in Section 2(b) of the Contempt of Courts Act, 1971.
2. Willful disobedience to any judgment, decree, direction, order, writ or other process of a
Court or willful breach of an undertaking given to a court, are regarded as civil contempts.
3. Willfully disobeying the Court orders or willfully breaching his own undertaking are the civil
contempt.
4. It contains less seriousness
5. Generally, the party aggrieved by the acts of the contemner brings to the notice of the Court
about such contempt, by an application.
5. Generally the majority of the civil contempts are done by the judgment debtor or any other
person whom the Court had already directed or ordered to do a certain civil work.
6. The degree of standard of proof is required lesser to that of criminal contempt proceedings.
7. Apology: Apology is a good defence. Majority cases, the Courts satisfy if the contemnor gives
an unconditional apology, and also an undertaking to fulfil the obligation.
8. A Civil Contempt may be considered as criminal contempt, if the contemner neglects to obey
the Courts orders already given in the previous instance.

9. A civil contempt is generally limited to the parties to a suit, viz. Judgment debtors, Governmnt
officers, authorities. A civil contempt arises when the Court issues certain directions of them, and
if they fail to comply such orders.
10. Mens rea is an essential ingredient to be proved in civil contempts.
11. In majority of the Civil contempts, the Court gives the contemner to correct and rectify his
conduct, before punishing.

Criminal Contempt:
1. Criminal Contempt is defined in Section 2(c) of the Contempt of Courts Act, 1971.
2. The publication (whether by words, spoken or written, or by signs, or by visible representation
or otherwise) of any matter or the doing of any other act whatsoever is a criminal contempt.
3. The following act is the criminal contempts:(i) scandalises, or tends to scandalise, or lowers or tends to lower the authority of, any Court; or
(ii) prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding;
or
(iii) interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of
justice in any other manner.
4. It is more serious and aggravated from of offence.
5. Generally, the Court itself takes the cognizance of the case, immediately after the commission
of criminal contempt.

6. A Court issues an order addressing the Jail Superintendent to release a prisoner. If the Jail
Superintendent does not release the prisoner, he is said to have committed Criminal Contempt.
7. In a breach of contract, Court orders the defendant to pay the decretal amount in the
instalments and fixes the number of instalments, amount and date of payment of each instalment.
If the judgment-debtor fails to pay any one instalments, he is said to have committed Civil
Contempt.
8. Majority of Civil Contempts are constructive or indirect contempts, i.e. violation of Court
orders.
9. Majority of criminal contempts is direct contempts, and make the judges annoyance directly.
10. Criminal Contempts may be committed by any person i.e. visitors, witnesses, police, experts
(who are summoned to give their opinions), advocates, etc. Even Judges, magistrates or any ther
presiding officer are not exempted.
11. The degree of standard of proof is required higher than that of civil proceedings.
12. Apology: In majority of the Criminal Contempts cases, the Courts accept the apology of the
contempts, but may not incline to set aside the punishments. Only in genuine, old aged
contemnors, the Courts may show shympaty and may reduce the period of imprisonment or post
pone the punishment or atleast give reprimand.
13. A Criminal contempt cannot be converted into a civil contempt. Once a criminal contempt
proceeding is instituted it does not lose its Criminal nature in conducting the proceedings.
14. A Criminal contempt is exhaustive can be applied to any person or authority such as litigants,
witness, advocates, police officers, Government officers, authorities, and even judicial officers.
15. Mens rea is need not be proved and is essential in criminal contempts.
16. In Criminal contempts a contemner is not allowed to put forward evidence or proved in civil
contempts.

16. In majority of the civil contempts, the Court gives the contemner to correct and rectify his
conduct, before punishing.
17. In genuine circumstances, a contemner is allowed to put forward evidence or circumstances
to justify his obedience to the Court orders Essential in criminal contempts.
16. In majority of the criminal contempts, the Court may not give any opportunity to the
contemner, and may not excuse such attitude.
17. In Criminal contempts a contemner is not allowed to put forward evidence or circumstances
to justify the imputations.

Seven Lamps of Advocacy

Advocacy is an honourable profession. Advocates are part and parcel of Court. Their efforts
solve the conflicts in the society. Advocates defend the rights and liabilities. They hold unique
place in the society. Advocacy is not a craft but a calling; a profession wherein devotion to duty
constitutes the hallmark.

Legal profession is regarded to be a noble one. A good advocate should possess some essential
qualities and equipment. Judge Abbot parry in his book The Seven Lamps of Advocacy called
these important characteristics of advocacy as seven lamps of advocacy and listed them as
honesty, courage, industry, wit, eloquence, judgment and fellowship.

1)

Honesty

Honesty means the quality of straightforwardness; freedom from deceit, cheating or stealing and
not telling lies. The best advocates of all generations have been devotees of honesty. Example for

honest character is Abraham Lincoln, who founded his fame and success on what some called
preserve honesty. The nobleness of legal profession lies in honesty itself. An advocate should
not do illegal practices. He should not do any act which will lead to professional misconduct. He
should disclose the real facts and legal profession to his clients frankly. Honesty, integrity and
character are inseparable. These there virtues together are essential for the success of an
advocate. The great sages of law had sucked the law from the breasts of knowledge, honesty,
gravity and integrity.

2)

Courage

Courage is the quality that enables a person to control fear in the face of danger, pain,
misfortune, etc.; an advocate must possess courage. He should face the pressures from outside
with courage. Sometimes he has to fight against State. He should not fear about the executive
and politicians. He must perform his duty to safeguard the interests of his client. Advocacy is a
form of combat, where courage in times of danger is half won battle. Courage is as good a
weapon in the forum as in the war camp, According to Charles Huttons. He hath in perfection
the three chief qualifications of an advocate; Boldness, -- Boldness and Boldness.

3)

Industry

Advocacy is needed a life of industry. An advocate must study his brief in the same way that an
actor studies his part. Success in advocacy is not arrived at by intuition but through industry.
Industry is the quality of being hard-working; being always employed usefully. Lord Eldon Says,
An advocate must live like a hermit and work like a horse. Advocacy is an intellectual
profession. Intelligence and knowledge will be sharpened with hard-work and strenuous efforts.
Advocacy is the profession which requires Study and Study throughout the career. An
advocate must know about every trade. He must acquire the knowledge of every field. He must
learn about all professions. Industry brings a good fame and name to an advocate. Law changes
day-to-day. To acquire up to date knowledge an advocate must refer international and national
journals, reference books of his library and the bar library. He has to work hard like a spider to
the benefit of his client.

4)

Wit

Wit means clever and humorous expression of ideas; liveliness of spirit. Wit flows from
intelligence; understanding and quickness of mind. Wit lessens the work load of an advocate. It
relaxes his mental strain. Often the wit of an advocate will turn a Judge
from an unwise course, where Judgment, or rhetoric would certainly fail. The lamp of wit is
needed to lighten the darkness of advocacy.

5)

Eloquence

The success of an advocate depends upon his eloquence. Eloquence means fluent speaking and
skilful use of language to persuade or to appeal to the feelings of others. Fluent speaking
impresses the listener. As advocate must be fluent, skilful in using appropriate words to impress
the Court. Eloquence attracts the attention of the listener. Eloquence is related to the art of
oratory. Eloquence of manner is real eloquence and there is a physical as well as psychological
side to advocacy.
6)

Judgment

Judgment is an intellectual capacity, the inspiration which enables a man to translate good sense
into right action. In judgment one has to estimate, consider and form an opinion about the issues
with good sense and ability. An advocate could be in a position to judge the merits and demerits
of the case on hearing the brief and seeing the document. He should inform his client the legal
position openly after judging the issues. Here judgment is not giving the decision of the case by
the Judge in the Court. Judgment means the study of the case in deep by considering all shades
of the consequences. In nothing does the lawyer more openly exhibit want of Judgment than
in prolixity. Judge Abbot Parry has referred to judgment as one of the seven lamps; but he refers
to it essentially as an intellectual capacity, the inspiration which enables a mean to translate
good sense into right action e.g. seeing the right point of his case and the like.
7)

Fellowship

SFellowship means the membership in friendly association or companionship. Fellowship is

exactly like great public schools, the boys of which have grown older, and have exchanged
boyish for manly objects. Though the advocates are opponent parties before the bench but not
enemies with each other. Their conflict ends as they come out of the door steps of the Court.
Daniel Webster says, Lawyers on opposite sides of a case are like the two parts of shears, they
cut what comes between them, but not each other. There is no discrimination of age, ability,
experience and riches etc. between the advocates. All are equal. Courts give them all equal
respect. Among advocates, there is just the same rough familiarly, the general ardour of
character, the same kind of public opinion expressed in exactly the same blunt, unmistakable
manner. By keeping the lump of fellowship burning, advocates encourage each other by sharing
the knowledge to walk in the light of the seven lamps of advocacy.
(7+1) Tact K.V.Krishnaswamy Aiyer, in his book Professional Conduct and Advocacy adds
one more lamp i.e. tact. Tact means handling people and situations skilfully and without causing

offence. An advocate must be in a position to tackle and win his client, opponent party, opponent
advocate in a smoother way. Many people of unequal ability have failed for want of tack. An
advocate should not quarrel with Court or loose temper over trifle things in the Court and
outside. Men of unquestioned ability have suffered for quarrelling with the tribunal or for
standing on their dignity over trifles, for getting their clients, or for losing their tempers; they are
men of parts but more properly refers to the human side of putting into action the result of ones
judgment.