An Overview
Oral Arguments
An Introduction
A moot court is a simulation of a real court to give
students an insight on dealing with a legal problem
and how to present a case in front of a judge.
Proceedings in a court room follow a set pattern of
conduct. Right from the attire to the language and the
way we speak and behave follows some norms which
are covered in this presentation.
THE ATTIRE
In order to argue upon a case in the court room, one
needs to don the specified court uniform. A standard
court uniform includes -
Black suit with black tie, white shirt and black shoes.
No unnecessary accessories.
No ID or any object which reveals identification of
your college/university.
HOW TO ENTER A COURT
Bow before the judge as soon as you enter regardless his
attention or presence.
The petitioner has to take left seating and respondent has
to take right; facing the judge (unless a contrary is
arranged).
If judge enters the court room, stand up, when judge
reaches his chair, bow before him and take your seat only
when the judge is seated.
When the judge indicates then the first counsel must
approach the podium do so and bow before the
judge/bench before starting the arguments.
You should seek permission to address the judge or the
bench
“the Petitioner [or respondent] seeks permission of the
Hon’ble court to address the bench as “Your Lordship” or
“Your Honour”
"May it please the Court, my team code is _____, counsel for
the Petitioner [or respondent], in the present case ________"
It is very important to remember to say, "May it please the
Court" it is simply a well-established formality of moot court
competition, to which you should adhere.
Mention the contentions/ issues/ submissions to be taken up by you. If
the arguments are divided, then also mention the contentions taken up by
the co-counsel
“Your Lordship the petitioner [or respondent] will specifically be dealing
with issue _________. Issue ________ will be dealt by me and my co-
counsel will deal with issue________”
Mention the facts of the case.
“With Your Lordship's permission may the counsel proceed with the facts
of the case”
If the judge is already aware of the facts in that case seek permission to
proceed with the issues
“If your Lordship is well versed with the facts of the present case, then may
the counsel seek permission to proceed with the contention or issue ___ of
the case”
Avoid saying ‘Thank You’;
instead use ‘Highly Obliged’ or ‘..much obliged’
Seek permission of the judge/ judges to proceed further. This
can be done by mentioning- 'The counsel humbly seeks the
permission to proceed with....’ Don’t use the same line every time
you seek permission. Use different ways to do this.
“May it please your Lordship….”
“With the due permission of Your Lordship….”
“The counsel seeks permission……”
Never say, 'May I carry on...’
Avoid using slangs such as ‘yeah, yup, okay, all right’.
Do’s and Don'ts
When judges are consulting amongst themselves, then a
counsel should never interrupt and wait for judges to
instruct to proceed further with arguments.
Never interrupt a Judge when he is asking or clarifying a
point.
Never point a finger or behave arrogantly or be hostile
towards opposite party.
Do’s and Don'ts
If a judge asks a "yes" or "no" question, answer first with "yes“
or "no" -- then elaborate.
Reply with, "Yes, Your Lordship, in fact ...," or "No, Your
Lordship, rather ...."
Never speak over a judge. When a judge starts talking, you
should stop talking immediately, even if he or she has
interrupted you mid-sentence (or even mid-word).
PERSONAL OPINION
NEVER give your opinion. Avoid phrases such as 'I think' and 'I believe'.
Instead, say
'I put it to the court that',
'it is submitted that'
'the petitioner/respondent contends that'.
“My Lord/Lady, I submit that…/In my respectful submission”
“If it pleases the court, I would like to offer my first/second/third/etc
submission…”
“This point/case does cast some doubt/light on…”
“I accept the point that…, however…”
“With your Lordship’s permission, I would like now to…”
The judge does not care about your opinion and will not hesitate to tell
you so.
JUDICIAL INTERVENTION
When asked a question by a judge, it may be helpful to pause before
answering. Respond with phrases such as..
“I am obliged to your Lordship/Ladyship…” “With great respect, my
Lord/Lady…” “That is indeed an issue which must be addressed my Lord”
However if you are not able to answer the question or wish to complete the
argument, then use phrases like
“I will come back to that” or “My Lord I will answer that directly” or “I
will satisfy your Lordship”
“I must answer your Lordship’s query, but your Lordship will grant me
the indulgence to come back to my principal submissions thereafter”
“Your Lordship the counsel will be dealing with the point in issue __”
“The point raised by Your Lordship will be answered by/will be dealt by
my co-counsel”
CITATIONS
Citing cases is crucial to mooting: one of the criteria on
which you will be assessed is your use of authorities.
One method of citing is..
“May I direct/draw your Lordship’s attention/the court’s
attention to…”
“…the case of _______ as decided by the Hon’ble Supreme
Court[ or High Court of ____] in the year _____ states ...”
Calling the Co-counsel
When the first counsel is finished with his argument then he
should ask permission to call his co-counsel to further carry the
arguments. The phrase which is advice to call upon counsel is
“The counsel humbly seeks permission to call upon the co-
counsel who will be dealing/continuing with…..”
When permission is granted, bow before the bench and take
your seat.
While addressing your opponent use phrase like “my learned
friend on behalf of petitioner [or respondent]”
PRAYER
Seek permission of the court to proceed with the prayer
While submitting the prayer the members of the teams
should stand up
Use phrase “it is humbly prayed before this Hon’ble
Court…”
After the prayer is complete take leave of the court or
take your seat after thanking the judge.
POINTS
Stand straight, do not pose or slouch. Face the
judge. Restrict hand movements.
Keep an eye on the time throughout your
submissions and be flexible in your approach. The
judge's questions may take you off on a tangent and
you need to be prepared for this.
Make sure to always maintain eye contact with the
Judge. Pay full attention to what the Judge is asking. If
your fail to understand a certain point the seek
clarification.
POINTS
If the counsel is unaware of the answer then say so, use
phrase like “the counsel begs negligence” “May the
counsel be excused for his/her negligence”
Always be courteous and do not show signs of
irritation or frustration by rolling the eyes or sighing.
Be confident in your demeanor.
Speak slowly and clearly. Do not speak so fast that
the judges are unable to comprehend your
submissions.
Do not prepare a fully rehearsed speech. Jot the
material points that you need to cover.
POINTS
Do not make broad claims or bluff. Know exactly
how far you can push your assertions.
Think about your volume. Be sure you can be heard
by the judges. Use your tone and volume to emphasize
key points in your argument or key words in a phrase.
Avoid verbal ticks and “fillers”. Do not say “oh,”
“um,” “uh,” or similar words; likewise, do not fill every
pause with “your honor/lordship.” Avoid repeatedly
beginning sentences with “well,” “however,” or “and.”
Tips for the researcher
All the above tips are applicable mainly to Speakers but
researchers should also observe some of court manners.
Court manners are no exception to researchers, they also
play significant role in presentation.
Speakers require information for them as well as passing
information to judges. The information should be passed
swiftly and this transit should be rapid and cautiously
done.
Passing of information can be bifurcated into two
To judges
If you are sure to pass/quote the information such as annexure, books,
journal, bare acts; then supply it to the court masters beforehand.
If the oralist requires some material to be passed then pass the same to
court master swiftly.
To speakers
Use stick notes to convey any information to Speakers. Do not come in
between the counsel and bench, just bend slightly and stick it to podium
without interrupting the counsel.
Use bold marker to write notes so that the Speakers can read it easily.
Never speak to Speakers or engage in any conversation.
