Introduction to Mooting and
Memorial Writing Workshop
Manhar Bansal
6 July 2024
1/What is Mooting?
What is Mooting?
- Simulation of an Adversarial Legal Dispute Resolution
- Factual Proposition (“Problem”)
- Facts
- Issues
- Procedural Information: Tribunal, Applicable Law etc.
- Two Main Elements: Memorial and Orals
- Mooting in Law School:
- University Rounds
- Novice Rounds
- National Competitions (Intl Law, Commercial Law, Environmental Law)
- International Competitions (Intl Commercial Arbitration, Public International
Law, Trade Law)
2/Why Moot
It is true that nothing can replace a good teacher. However, it is also true that the best
education in the law that you can give yourself is to do a moot. You will pit yourself against a
complex problem, start at the bottom, teach yourself the absolute basics and then build up
your knowledge till you can argue the most complex points with an ease that no classroom can
teach you.
~ Raeesa Vakil (Class of 2011)
Why Moot?
- Activity Peculiar to Law School
- Unparalleled Research and Engagement with Subject Matter
- Learning on your own (a.k.a. Autodidacticism)
- Developing the Skill of Argumentation
- Learning Clear and Crisp Writing
- Working under Stressful Environment with a Team
- The Charm of Oral Advocacy
- The Experience! (Fun with Teammates, Travelling, Competing with the Best in the
World)
BUT: You do not need to be a mooter to be “successful” in Law School.
3/The Process
3.1 Understanding the Problem
3.2 Research
3.3 Writing the Memorial
Making a Firm
- What?
- Are you allowed?
- Why?
- 3-4 people
- Common Research Document (Google
Document/Notion)
3.1 Understanding the Problem
- Reading the Problem #1: understand the facts, the background to the legal
dispute, and most importantly, the contentious areas (or issues) between the
parties.
- Understanding the Issues: what do you need to ultimately argue upon: what will
each side say, and why?
- Reading the Problem #2: identifying relevant facts, make a summary if you want
to, divide facts as per issues
- Reading the Problem #3: together, with your team/firm (if any), identifying the
Area of law and potential areas of research
- Problem Clarifications
- Divide Issues and Begin Research!
3.2 Research
General Note: Organization is Key: divide research as per issue, sub-issue, relevant law; keep
track of sources/authorities
- 1. General Research: begin with standard commentaries and/or recent and
comprehensive academic articles/book chapters
- 2. Formulating Arguments/Sub-Issues: intuition, write down whatever comes to
mind, what are the elements needed to prove your argument, make a matrix
- 3. Specific Research: look for specific authorities (legislation, other instruments, case
law, scholarly opinion)
- 4. Structuring Arguments: choosing the best arguments, ensuring authority for all
arguments you need to make, clarifying burdens
- 5. Gap Filling: finding that one case or principle that helps you make your one niche
point
Where to Find Resources?
- General Information: Google/Wikipedia/Explanatory Blogs
- Authoritative Commentaries: Google to find, followed by
Library/Lib-Gen
- Scholarly Articles: Google Scholar
- Indian Case Law: SCCOnline
- UK Case Law: Lexis Advance
- Other Jurisdictions: West Law
- International Arbitration: Kluwer Arbitration
How to Research?
Principles. Legal Standards. Application to Facts.
- Understanding Competing Principles: Rationale, Evolution, Contexts
- Instruments: See Table of Contents, Identify Relevant Legal Provisions
- Case Summaries and Tables: Distinguish Facts, Identify Evolution of Legal Standards,
Underlying Rationale of Cases; Colour-Coding
- Going Back and Forth between Facts and the Law
Dealing with Tough Issues
- Finding cases that resemble your facts
- Distinguishing adverse cases from your facts
- Reading between the lines: creative interpretation of facts
- Arguing on first principles: rationale, policy, implications, legal evolution
- Arguing against a dominant legal standard: using dissents, opposing views
- Arguing for a new legal standard
3.3 Writing the Memorial
What is a Memorial?
- Written Submissions with Structured Arguments and Authorities
- Culmination of your Research and Foundation for Oral Arguments
- Marked Component: 1/4th in Univs, Qualifier for some competitions
General Structure of a Memorial
- Cover Page
- Index of Authorities
- Statement of Jurisdiction
- Statement of Facts
- Issues Raised
- Summary of Arguments
- Arguments Advanced
- Prayer
Arguments Advanced
Structure:
- Issue > Arguments > Prongs
- Introductory and Concluding Paragraphs
- Clarity, Coherent Whole, Logical Flow, Uniform Numbering
Style:
- Short Sentences, Active Voice, One Sentence, One Idea
- Assertions, not Discussion (avoid neutral phrases such as “The authority is divided”)
- Rule of Thumb: Standard > Facts > Application
- Objective Deductions
Authority:
- Each proposition of law must be supported by an authority
- Quote rarely and judiciously
How to Write?
Moving from a Research Document to a Memorial
Beginning with the Memorial Itself
Discussion and Review
- Meet your firmmates every few days
- Set deadlines, report your research
- Meet moot mentors
- Send your memorial drafts to your moot mentors
3/Should you do the Univs as a first year?
The answer is NOT an obvious “yes”. Make an
informed decision.
Yes/No
Yes
- Familiarity with the Process
- It’s an Activity
No
- It will be stressful
- There will be more opportunities
- Important to find your feet first and figure out academics
If you decide to participate nevertheless, please do it for the experience, not for the
outcome. PLEASE DO NOT HIDE RESOURCES, DO NOT GET DISCOURAGED,
FEEL FREE TO BACK OUT.
