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Tutorial 1...

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TUTORIAL 1 a. Briefly described what is moot or mooting  Oral presentation of a legal issue or problem against an opposing counsel and before a judge. It simulates a court hearing, in which the participants analyse a problem, research the relevant law, prepare written submissions, and present oral argument. The moot problem usually involve two grounds of appeal, appeal by each side.  A moot is the argument of legal issues raised by a hypothetical case.  It takes place in an imaginary setting of a court of law – Moot Court.  The argument follows the conventions of argument used in a real court. b. Briefly differentiate between Moot & Mock trial  A mock trial is an adversarial exercise.  It is intended to test the evidence in a hypothetical case in a hypothetical court.  It is designed to establish the facts of the case. It is designed to test skills of handling and presenting evidence, which involve examining, cross-examining and reexamining witnesses.  Mock trial is set in court of first instance. Mock trial:  Simulates the trial level proceeding (It involves trial advocacy)  Involves witness testimony, with statements and arguments (in hypothetical cases) directed to a judge and a jury, who score the students/lawyers based on their skills  The trials are essentially simulations of real-life litigation. Competitors offer evidence, examine witnesses, and present opening and closing statements.  In addition, participant students are required to follow the rules of court. Moot court:  It is a simulated oral argument, similar to an argument by a lawyer made before an appellate court.  Simulates the appellate level proceeding (it involve appellate advocacy)  Involves participant students making arguments to, and answering questions directly from, a panel of judges only (not from a jury), who score the students/lawyers based on their skills.

 Participant students write a brief and then argue their case. As the participants progress into higher rounds, they argue both “on” and “off” their written brief.  It is similar to the oral advocacy exercise done many Law School´s first year (Legal Research and Writing). c. In relation to the mooting question, describe the followings: 1. Cover Page;  A cover page consists of the name of the moot court competition, the court before which the parties are appearing, the names of the parties, whether you are the plaintiff or the defendant, your team code and any other necessary detail. 2. Table of Contents;  Table of contents obviously lists the contents in your memorial. 3. Moot Problem; 4. Problem Clarifications & Answers; 5. Lead Counsel Skeletal Arguments; 6. Lead Counsel Written Submissions; 7. Co-Counsel Skeletal Arguments; 8. Co-Counsel Written Submissions; 9. Index of Authorities; and 10. Bundle of Authorities. d. State the jurisdiction of the Court in relation to the Moot problem. Federal Court...