Module Title: Law Moots

Instructor: Khawaja Mushfiq Haroon

Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

16
WEEKS LECTURES TOPICS
PLAN
1st Week 1st lecture INTRODUCTION :Moot court and the study of Law
1. Historical Background
2. Meaning of Moot
3. Types of Moot Court Competition
2nd lecture 4. Significance of Moot Court
5. Objectives of Moot Court
i. Why everyone should participate
ii. How moot court helps
2nd Week 3rd lecture MOOT COURT
1. What is moot court?
2. What does a mooter do?
3. How different from a real Court?
4. Organizing Committee
5. Judges of the Moot court
6. Duty of Judges
4th lecture 7. Student Advocates
8. Moot Court Competitions
9. How is Mooting Done

3rd Week 5th lecture SKETCHING MOOT PROBLEM

6th lecture UNDERSTANDING LEGAL RESEARCH

1. finding the law
2. What is law?
3. Sources and types of law
4th Week 7th lecture HOW TO USE LIBRARY

8th lecture RESEARCH

1. Text based searches
2. Electronic based searches

5th Week 9th lecture MOOT COURT PRACTICE AND PROCEDURE

1. Assignment of a moot problem

10th lecture PRESENTATION

6th Week 11th lecture HOW TO CRACK MOOT PROBLEMS

1. Master the facts / fact finding
2. Master the law-research / law finding
3. How to read cases
12th lecture QUIZ BEFORE MID

1
 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

7th Week 13th lecture ORAL SUBMISSIONS /

14th lecture DEVELOPING ORAL ADVOCACY SKILLS

1. Attitude
2. Delivery
3. Extemporaneous ability
4. Appearance

8th Week 15th lecture LAW MOOTING ACTIVITY

16th lecture

MID TERM
09th Week 17th lecture
PREPARING FOR AND DELIVERING AN ORAL ARGUMENT
th
18 lecture 1. The role of the oral advocate
2. Persuasively and Memorably Articulating Your Strongest Arguments
3. Use of a Core Theory
4. Effectively Answering Questions

10th Week 19th lecture FINANCE FOR MOOT COURT ACTIVITY

1. Sources of Funds
20th lecture

11th Week 21st lecture MOOT COURTS

22nd lecture 1) Initial Steps

2) Moot court procedure

12th Week 23rd lecture ASSIGNMENT ON DRAFTING A MOOT PROBLEM

24th lecture QUIZ AFTER MID

th
13 Week 25th lecture MOCK TRIALS
1) Objectives of mock trials
26th lecture 2) Mock trials and critical thinking
3) Types of Mock Trials
4) How to prepare for and conduct mock trials in class room
5) Roles in criminal trials
6) Mock Trial Script

14th Week 27th lecture DRAFTING OF A MEMORIAL

1. Cover
28th lecture 2. Table of contents
3. Table of authorities
4. Statement of the issues
5. Statement of the facts
6. Argument

2
 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

i. Issue (bold and all caps)

a. Main point (Bold, Underlined, First Letter Caps)
7. Conclusion

15th Week 29th lecture DRAFTING SKILLS

30th lecture COMMUNICATION SKILLS

th
16 Week 31st lecture MOOT COURT COMPETITION

32nd lecture

Text Book

1. How to prepare for Law Moots by Muhammad Amir Munir

REF BOOKS

1. The Art of Argument: A Guide to Mooting By Christopher Kee

2. A Beginners Path To Moot Court By Aggarwal Prof. Nomita & Mukesh Anand
3. How to Please the Court: A Moot Court Handbook edited by Paul I. Weizer

3
 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

Table of Contents
INTERNATIONAL MOOT COMPETITIONS .......................................................................................... 6
List of notable competitions.................................................................................................................. 6
INTRODUCTORY LECTURE ON: MOOT COURT AND THE STUDY OF LAW .................................. 9
Historical Background ......................................................................................................................... 9
Meaning of Moot: ................................................................................................................................. 9
Types of Moot Court Competition ........................................................................................................ 9
Significance of Moot Court ................................................................................................................ 10
Objective of Moot Court ..................................................................................................................... 10
LECTURE ON: MOOT COURT ............................................................................................................ 11
What is Moot Court? .......................................................................................................................... 11
LECTURE ON: FUNCTIONS OF A MOOTER AND A DIFFERENCE FROM REAL COURT ........... 12
What does a mooter do? ..................................................................................................................... 12
How different from a real court?........................................................................................................ 12
LECTURE ON: IMPORTANT CONSTITUENTS IN ORGANIZING A MOOT COURT ........................ 13
Organizing Committee ....................................................................................................................... 13
Judges of the Moot Courts.................................................................................................................. 13
Duty of Judges ................................................................................................................................ 13
Student Advocates............................................................................................................................... 13
Moot Court Competitions ................................................................................................................... 14
LECTURE ON: UNDERSTANDING LEGAL RESEARCH .................................................................... 15
Understanding Legal Research .......................................................................................................... 15
What is law? ....................................................................................................................................... 15
Sources and types of law .................................................................................................................... 15
LECTURE ON: TYPES OF RESEARCH................................................................................................ 18
Text based search ............................................................................................................................... 18
Electronic based search ..................................................................................................................... 18
LECTURE ON: HOW TO PREPARE ORAL ARGUMENT.................................................................... 19
Structure & Sequence ......................................................................................................................... 19
1. Opening ..................................................................................................................................... 19
2. Introduction ............................................................................................................................... 19
3. Statement of the Case ................................................................................................................ 19
4. Roadmap.................................................................................................................................... 19
5. Facts .......................................................................................................................................... 20
6. Order of Argument .................................................................................................................... 20
7. Conclusion ................................................................................................................................. 20
Etiquette & Style ................................................................................................................................. 20
Preparing Your Oral Argument.......................................................................................................... 21
LECTURE ON: HOW TO ADDRESS THE BENCH .............................................................................. 23
How to address the Bench ...................................................................................................................... 23
SAMPLE 1: MOOT PROPOSITION ...................................................................................................... 24
PROPOSITION .................................................................................................................................. 25
POLICE INVESTIGATION ................................................................................................................ 25
TRIAL COURT DECISION ................................................................................................................ 26
POINTS OF LAW ............................................................................................................................... 26
Appellant’s Counsel Arguments ......................................................................................................... 27
Case Laws / Citations/ Authorities ..................................................................................................... 27
Conclusion .......................................................................................................................................... 28
Prayer ................................................................................................................................................. 29
SAMPLE 2: MOOT PROPOSITION ...................................................................................................... 31
Factual Proposition ............................................................................................................................ 31
Police Investigation ............................................................................................................................ 32
Trial Court Proceedings ..................................................................................................................... 32
Trial Court Decision .......................................................................................................................... 33
High Court Decision .......................................................................................................................... 33
Points of Law ...................................................................................................................................... 34
SAMPLE 3: MOOT PROPOSITION ...................................................................................................... 34
Brief Facts of The Case ...................................................................................................................... 35

4
 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

Judgment of Trial Court (Sessions Court) .......................................................................................... 35

Appeal in High Court ......................................................................................................................... 35
Questions of Law ................................................................................................................................ 35
Relevant Laws .................................................................................................................................... 35
SAMPLE 4: MOOT PROPOSITION ...................................................................................................... 35
PCL MOOT PROPOSITION .............................................................................................................. 35
SAMPLE 5: MOOT PROPOSITION ...................................................................................................... 36
Profile of The Petitioner ..................................................................................................................... 37
Background ........................................................................................................................................ 37
Facts of the Case ................................................................................................................................ 37
Questions of Law ................................................................................................................................ 37
SAMPLE 6: MOOT PROPOSITION ...................................................................................................... 38
2ND ANNUAL NATIONAL LAW MOOT COMPETITION ................................................................ 38
Facts of the Case ................................................................................................................................ 38
Questions of Law ................................................................................................................................ 39
SAMPLE 7: MOOT PROPOSITION ...................................................................................................... 39
3rd Annual National Law Moot Competition, 2014 ............................................................................ 39
Facts of the Case ................................................................................................................................ 40
SAMPLE 8: MOOT PROPOSITION ...................................................................................................... 43
Additional Issues ................................................................................................................................ 45
SAMPLE 9: MOOT PROPOSITION ...................................................................................................... 46
MOOT PROBLEM ............................................................................................................................. 46
Ahmed was going towards his home on motorcycle. Suddenly, Rashid came there armed with knife
and pushed Ahmed, resultantly Ahmed fell down. Then Rashid attacked with his knife which accused
injuries of his left Arm and upper part of right leg. Ahmed got serious injured. Ahmed was shifted to
the hospital. An FIR was registered against Rashid U/S 324,337F2 PPC. Rashid was arrested
subsequently and recover of knife affected from him. Now a post-arrested bail has been moved. .... 46
DEFINITION OF SOME COMMON TERMS IN MOOTING ................................................................ 47
Mastering the Art of International Mooting: The Structure, Technique and Rules of
International Mooting ........................................................................................................................... 50
Preparing to Moot: A Step-by-Step Guide to Mooting .......................................................................... 51
CRIMINAL LAW ANALYSIS /THE PROBLEM QUESTION ............................................................. 51
UNDERSTANDING THE BASICS OF THE PROBLEM QUESTION .......................................................... 52
INCIDENT FACTS ......................................................................................................................... 52
LONG PROCEDURAL HISTORY........................................................................................................ 52
IMMEDIATE PROCEDURAL HISTORY ........................................................................................... 53
GROUND ONE OF THE APPEAL ...................................................................................................... 53
SUMMARISING THE CASE ............................................................................................................. 53

5
 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

INTERNATIONAL MOOT COMPETITIONS

List of notable competitions

Record
Location of National
Establishe Subject annual
Competition internation or regional Most wins
d matter participatio
al finals rounds
n
* National
University of
1960 (1968
Public Singapore (4)
for Washington
Jessup international 675 teams Yes * University
internation D.C.
law of Texas (4)
al rounds)
(2 before
1968)
* Albert
Ludwigs
University of
Freiburg (2)
International
Willem C. Vis * Deakin
1993 commercial 300 teams Vienna No
Moot University (2)
arbitration
* University
of
Queensland(2
)
International
Loyola Law
Vis East 2003 commercial 100 teams Hong Kong No
School (2)
arbitration
Price Media International Seven-way
2008 150 teams Oxford Yes
Law Moot media law tie (1)
ELSA World
University of
Trade World Trade
2002 129 teams Geneva Yes Melbourne (3
Organisation Organisation
)
Moot
ELSA Qualificatio
European
European n by
Convention
Human Rights 2012 120 teams Strasbourg written
on Human
Moot Court submission
Rights
Competition s
* National
University of
2003 (2004
Red Cross International Singapore (2)
for
(Asia-Pacific) humanitarian 60 teams Hong Kong Yes * University
internation
IHL Moot law of Hong
al rounds)
Kong (3) (1
before 2004)
Qualificatio
Public n by
Ateneo Law
Asia Cup 1999 international 40 teams Tokyo written
School (5)
law submission
s

6
 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

Record
Location of National
Establishe Subject annual
Competition internation or regional Most wins
d matter participatio
al finals rounds
n
International University of
LAWASIA 2005 commercial 40 teams Varies Yes Hong Kong
arbitration (3)
International International
Law Youth for 2006 humanitarian 30 teams Minsk No
Peace law
International
International University of
Maritime Law
2000 maritime 20 teams Varies No Queensland (
Arbitration
[8] law 7)
Moot
1989 (2000
for the International Université
Jean-Pictet English- humanitarian 56 teams Varies No Libre de
speaking law Bruxelles(4)
rounds)
African Human University of
Human Varies
Rights Moot Pretoria (5)
1992 rights in 80 teams within No
Court University of
Africa Africa
Competition Cocody (5)
Frankfurt
International
Investment University of
2007 investment 45 teams Frankfurt Yes
Arbitration Miami (2)
arbitration
Moot Court
Public
D.M. Harish 2000 international 45 teams Mumbai No
law
Oxford Queensland
Intellectual Intellectual University of
2004 Oxford No
Property Law property law Technology (
Moot 3)
European Luxembour
ELMC 1988 100 teams Yes
law g
Thomas Tang 1993 70 teams Varies Yes
International
International
Environmental Gulfport,
1995 environment 20 teams Yes
Moot Court Florida
al law
Competition
ICC Moot
International
Court 2007 60 teams The Hague Yes
criminal law
Competition
Foreign Direct
Foreign
Investment
direct Murdoch
International 2008 65 teams Varies Yes
investment University (2)
Arbitration
law
Moot

7
 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

Record
Location of National
Establishe Subject annual
Competition internation or regional Most wins
d matter participatio
al finals rounds
n
International
Moot
Maritime
Competition on 2010 Odessa No
law
Maritime
Arbitration
World Human
International
Rights Moot
2009 human rights Pretoria Yes
Court
law
Competition
Telders
International Public
Law Moot 1977 international 30 teams The Hague Yes
Court law
Competition
1992 (1993
Sir Manfred George
for
Lachs Space Space law 70 teams Varies Yes Washington
internation
Law Moot University (3)
al rounds)
IASLA Space
Space law Yes
Law Moot
Hague Choice
Private Singapore
of Court
2014 international Yes Management
ConventionMo
law University (1)
ot

8
 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

INTRODUCTORY LECTURE ON: MOOT COURT AND THE STUDY OF

LAW

Historical Background
 The word ‘moot’ is a common term for an assembly of the borough
in the history of early British institution. “From its meaning of
assembly, the word was applied to a debate or discussion, i n
particular to the discussion of hypothetical cases by law students
at the inns of courts”.

 According to Webster’s dictionary, the word ‘moot’ was probably

used to denote an early assembly of freemen to administer justice,
decide community problem etc.

 Moot court has been a tool for training students for the legal
profession for hundreds of years. The first recorded reference to a
moot court appears in the year 997 in England. Moots were
common at the Inns of Court and chancery in 14 th century
England, these Inns provided students with a forum for learning
not only law but also history. When formal legal education began
in United States in the late 18 th century and early 19 th centuries,
the practices followed were similar to those of the Inns of Court,
with lectures by professors followed by moot court exercises.

 International Moot Court competition began in 19 60 with the

Philip C. Jessup International Moot Court Competition. This
prestigious annual international competition involves students
from law schools throughout the world. Thus, moot court has
expanded from competitions within a single school, to
competitions between schools, states and even countries.

Meaning of Moot:
i) According to Oxford Dictionary

“A discussion of hypothetical case as an academ ic exercise.”

ii) According to Collins Dictionary

“to plead or argue theoretical or hypothetical cases, as

an academic exercise or as vocational training for law students.”

Types of Moot Court Competition

 Moot court competitions cover many areas of the law and greatly
vary in sizes. For example intramural competitions may be held at

9
 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

individual schools, with multiple teams from the same school

competing against each other.

 Other competitions serve a geographic region, with schools in a

particular city or region participating against one another on a
particular topic.

Significance of Moot Court

 Moot court competitions provide valuable educational and life
experience for the student participants. Participation in moot
court enhances students’ research, writing, oral and analytical
skills. It teaches them to communicate more effectively and to
think quickly on their feet.

 Moot court often provides students with the invaluable

experience of arguing in front of real judges, justices, and
seasoned practitioners. It also teaches them the importance of
team work as moot court teams usually consist of two or three
students who must work together for the team to su cceed. Finally,
it improves students’ time management skills.

 Moot court competitors must balance the demands of their

preparation with school work and other extracurricular activities.
Thus students learn to set goals and priorities and to work
effectively under pressure, which simulates conditions most
attorneys face in practice.

Objective of Moot Court

The objective of holding moot court competitions is to train students
of law to become a good lawyer. Two points which is essential are as
follows;

i. Theoretical base of the law which is accomplished through

class lectures

ii. Practical application of this theory on points of law and this

point can be achieved through participating in law moots in
the college. There is no finer training for a young advocate i s
the arguments of points of law than taking part in moots. It is
a practicing forum to make a law student a perfect lawyer.

10
 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

LECTURE ON: MOOT COURT

What is Moot Court?

 Moot court is an artificially created arrangement with a get up
similar to a real court where student advocates argue
hypothetical cases.

 The moot problems are mostly based on actual cases with some
modification. Moot courts are arranged on the pattern of real
court having a bench of judges, counsels for both sides and
hypothetical case to be argued.

 It lacks the signs of the court and has been designed to give
practical training to budding advocates, improve their advocacy
skills and learn the etiquettes of courts.

 Simulations of appellate court proceedings, also known as “moot

court” or “mock supreme court”, have been a feature of the legal
education landscape for hundreds of years, with origins in pre -
medieval England.

 Moot court is widely utilized around the world as an educational

tool. Intercollegiate moot court tournaments are currently
conducted in a number of European Countries Austria, France and
Germany.

 The moot courts will have student lawyers divided into legal
teams. The size, organizational makeup and hierarchy of these
teams will vary. Some legal teams may number as few as two or in
excess of ten.

 In some simulations, the legal teams will be assigned specific sides

to represent in advance of moot court. Under a different scenario,
the legal teams are not told who they will represent until a short
time before oral argument. Whatever the size or nature,
“mooters” who are lawyers can expect to work with others to
research, develop, present and defend a legal argument for the
purpose of representing their side as best they can.

11
 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

LECTURE ON: FUNCTIONS OF A MOOTER AND A DIFFERENCE FROM

REAL COURT

What does a mooter do?

The mooter has following duties to perform;

i. Mooter will do legal research.

ii. Reading judicial opinions

iii. Legal periodicals

iv. Newspapers,

v. Statutes

vi. Legislative histories

vii. State constitutions

A good amount of this research can be done online, using a variety of

legal search engines or other online resources, or in a lib rary where
students will find a variety of books and articles as well as court cases.

How different from a real court?

 A moot court is different from a real court. Whereas both in moot
court as well as in real court legal problems are debated and legal
rights and remedies are argued for or against, the moot court
lacks the formal decorum of a real court.

 In moot court student advocates argue with all their strength on

substantive law, however in real court the procedural laws have
an equal importance along with the substantive law.

 A civil suit or criminal complaint can be dismissed on account of

procedural lapses in real court. Further, there is no
pronouncement of judgment in moot courts but results are
announced on the basis of assessment of advocacy skills.

12
 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

LECTURE ON: IMPORTANT CONSTITUENTS IN ORGANIZING A

MOOT COURT

There are three important constituents in organising a moot court

1. Organising Committee
2. Judges
3. Student Advocates

Organizing Committee

An organizing committee of a college is responsible for the arrangement of moot

courts, inviting judges and appointing court masters in the court. They are also
responsible for the selection of moot problem, its drafting and collection of written
memorial from student advocates participating in the moot competition.

Judges of the Moot Courts

Moot court is to be presided over by the judges. There can be two or three judges.
Ordinarily they can be from amongst senior students .the idea of having three
judges from bar or the bench for competition is more acceptable because it will
provide more balanced assessment or evaluation of the performance of the
students. An interaction between bar and the law colleges is possible by having
judges and lawyers regularly sitting as judges of the moot court.

Duty of Judges

The problems are given to the judges in advance and the judges are expected to be
acquainted with the facts. Apart from evaluating the performance of the students,
judges have other duties also. Firstly they should not give the impression that they
have come to test the students’ competence in advocacy and his self confidence.
Hence they should make the students feel at ease, if possible make encouraging
comments in the beginning, if necessary, by giving them some facts which they do
not recollect. Frequent interruptions are to be avoided and question should be few,
brief and limited towards the end. Proper hearing should be given to the student
and if clarification is necessary the question should be asked in a simple and
straight forward manner. The judges should familiarize themselves with moot
problem that will avoid confusion at the time of arguments put forward by the
students.

Student Advocates

Usually the time for the moot court is limited, therefore, some method to select
student advocates who want to participate can be worked out. If the number is too
large moot can be organized in number of days to give opportunity to all the

13
 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

students who want to participate, otherwise the number of students can be limited
by choosing ten best written memorials submitted by the students.

Similarly the order of speakers can be fixed in various ways. Either it would be
team participation where one team argues for one side against the other, or it
could be that one member of a team argues the case for the plaintiff and one
member of the other team argues for the defendant.

Moot Court Competitions

In all inter-college or inter university moot court competitions, colleges participate

as a team comprising of two student advocates known as mooters and two
researchers. The student advocates supposed to argue case against the other team
of the same composition. The winner of each round goes to the next round in most
of the competitions, teams are supposed to prepare for both sides and only before
the start of the competition they are informed as to from which side they have to
argue. Some competitions have different moot problems for different rounds while
others keep one moot problem for all four rounds.

14
 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

LECTURE ON: UNDERSTANDING LEGAL RESEARCH

Understanding Legal Research

Research is a matter of learning the purpose and contents of various legal

materials and then finding particular materials in a logical series of steps. For
understanding legal research we need to understand law first and then it’s
different sources.

What is law?
o It is important to distinguish between the law and the
interpretation of the law.

o Generally the law is any set of rules enacted by public officials in

a legitimate manner that has the authority of government.

o There is no one source of law and rul es are constantly in change

as they are amended, implemented and interpreted.

o Laws can also be in conflict with one another or may be

interpreted differently by various parties. This leads to many of
the disputes that you encounter.

Sources and types of law

o The principal sources of law are constitutions, statutes, case law,
administrative regulations and procedural laws.

Types of Source Type of Law

Primary Constitutions

Primary Statutes, Codes

Primary Court Decisions and Cases

Secondary Encyclopedia, treatise

Secondary Law Reports, Journal Articles, Law

Reviews

1. Constitutional law

o In the hierarchy of legal structure, constitutional law is a

supreme law of the land.
15
 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

o Constitutions are authoritative texts that have legal force and

that prescribe principles of government.

o Constitutions are generally rather broad in their scope, designed

to be interpreted by judges.

2. Statutes

o An act of a legislature that declares, prescr ibes, or commands

something; a specific law, expressed in writing.

o Statutes set forth general propositions of law that courts apply to

specific situations.

o A statute may forbid a certain act, direct a certain act, make a

declaration, or set forth governme ntal mechanisms to aid society.

3. Case law

o Case law or judge made law is the result of judicial interpretation

about laws, including constitutions, statutes, other cases that
have been decided, procedural rules, or administrative
regulations.

o Case law is essentially a common law and is relied upon whenever

some other source of law is not available or needs interpretation.

o It is from these opinions that we have the doctrine of precedents

or stare decisis (let the decision stand). Precedents mandate that
judges follow rules consistent with prior cases and apply them to
the current dispute when making a decision. Judges establish this
on a case by case basis through issuing opinions.

4. Encyclopedia

16
 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

o A legal encyclopedia is a comprehensive set of brief articles on legal topics.

o It is arranged similarly to a general encyclopedia, such as Encyclopedia

Britannica, with topical articles arranged in alphabetical order.

o The two most popular general legal encyclopedias are Corpus Juris
Secundum (C.J.S.), and American Jurisprudence, 2d (Am.Jur.).

o There are two primary uses for legal encyclopedias. First, the articles can be
quite useful as a general introduction to an area of law which is new to you.
They provide more in-depth information than a legal dictionary, while being
nearly as accessible and easy to use.

o Second, encyclopedias are a way to find citations to cases and other useful
materials on a particular issue. These two uses make the encyclopedias a
very good place to begin major research, whether for an academic paper or
a legal memorandum.

o However, the legal encyclopedias are not intended to be used as

authoritative sources on the law in any area, and thus are not cited in briefs,
memoranda, or scholarly papers.

5. Treatise

o Treatise is basically dissertation, thesis and paper on law.

o Legal treatises are one of the classic secondary sources used in the legal process.
(Others include legal encyclopedias, Law Reports and law journal articles.)
Secondary sources are writings about the law, not the law itself.

6. Law Reports

o Law Reports are volumes of books in which judgments (decisions of courts)

have been compiled, indexed and published.
o Law Reports are published regularly and generally contain the text of
judgments along with "catch words" (subject headings which describe the
case) and "head notes" which provide a convenient summary of the
presiding judges, issues, facts and decisions of each case.

17
 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

LECTURE ON: TYPES OF RESEARCH

In today’s legal world, there are multiple ways that you may access legal sources by
way of Text based or electronic based searches.

Text based search

o Text based materials tend to be much less expensive than
subscription based services.

o Text based sources tend to be viewed as more reliable but less

efficient to access.

Electronic based search

o Attorneys, judges and the law students increasingly use thes e
resources, especially those free sources available on the internet.

o Access to subscription based materials (sources where a monthly

fee is paid to search a legal database) is costly and many law
firms cannot afford such sources. Most university and college
library have at least one subscription service that they provide t o
their students.

o We focus on two most commonly used subscription services

sources, lexis nexis and west law, although there are other
options. Both have been available since 1970s and a majority of
schools have access to one or both.

18
 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

LECTURE ON: HOW TO PREPARE ORAL ARGUMENT

(The text is quoted from Duke Law School Moot Court Board’s website with minor
modifications)

For anyone unfamiliar with the in's and out's of Jessup moot court oral argument, the following
is a useful guide. For further guidance, you may view a video recording of past Jessup moot
court competition.

Structure & Sequence

1. Opening

Competitors may be seated after the judges sit down. When the judges indicate that they are
ready, the student should rise and approach the podium or lectern.

2. Introduction

The very first statement out of moot court competitors' mouths should always be, "May it
please the Court, my name is _____, counsel for the appellant [or respondent], _____." 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.

3. Statement of the Case

You should always begin your argument with a clear and persuasive statement explaining the
essence of your case. This statement should be confident, succinct, and, to the extent possible,
slanted in favor of your version of the case. For example, in a case where police allegedly used
excessive force in apprehending a suspected drug dealer, counsel for the government might
state the case in the following way: "This is a case about the proper and lawful use of police
power to address the significant threats posed by drug trafficking in our city."

4. Roadmap

After introducing yourself and your case, but before making any further argument, identify the
TWO or THREE (but no more than three) issues you will discuss. Make these issues clear and
straightforward. For example, "This Court should find in favor of the appellant [or respondent]
for two reasons...." You should then list your main arguments. For example, "...First, because this
Court does not have jurisdiction; and Second, because customary international law is
applicable in this case and is on the side of the appellant [or respondent]."

If you think of (and/or organize) your oral argument in outline form, the two or three reasons
contained within your roadmap should be the highest levels of your outline (below the
conclusion you want the Court to reach). The body of your argument should expand below the
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 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

reasons you list in your roadmap. The roadmap gives judges an overarching picture of the more
nuanced argument that will follow.

Memorize your opening and your roadmap. The most successful oral advocates memorize their
opening roadmap and maintain eye contact with the judges throughout. This is the best way to
make a good first impression of confidence and preparedness.

5. Facts

Briefly outline the relevant facts of your case, taking care to highlight those that support your
position, but without arguing your position. Keep your facts short (no more than two minutes)
and focus on the critical elements of your case. Be forewarned that the Court might interrupt
and ask you to skip the facts. If they do, proceed with your argument. Don't assume that this
will happen, though; it's the Court's decision. Bottom line: prepare the facts.

6. Order of Argument

Begin the body of your argument by discussing the first issue in your roadmap. Make your
argument, and then proceed directly to your second issue. There is no need to pause or to solicit
questions. The judges will interrupt you with questions as they wish. Answer their questions
directly and use your roadmap and outline to find an appropriate place at which to continue
arguing.

7. Conclusion

When you have finished your argument, end with a clear statement of what you are asking the
Court to do (a "prayer for relief"). For example, "...For the foregoing reasons, I respectfully
request that the Court find in favor of the appellant / respondent and [take whatever specific
action is specified in the memorials]."

Etiquette & Style

 At all times, judges are to be referred to as "Your Excellency," with respect and deference.

 Do not bring pens, pencils, or loose watches with you to the podium.

 Be aware that at any time during your argument, the judges can and will interrupt you
with questions. It is vital that you fully answer the question to the best of your ability when
the judge asks it. Do not tell a judge that you will answer that particular question later in
your argument. Go where the judge leads you, even if that means not following the
argument that you planned. Don't let this aspect of moot court competition frustrate or
distract you. Part of the challenge is adapting to and taking into consideration the judges'
concerns, while finding the time and opportunity to still voice the important parts of your
argument.

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 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

 If you do not understand the question a judge asks, you should ask him or her to explain or
clarify their inquiry. It is fully acceptable to ask for clarification and almost always
preferable to answering a question the judge did not really ask.

 Approach your oral argument as a conversation with, not a lecture to, the judges. Engage
in an exchange of ideas with the judges and respond to their concerns. Don't read a speech
to them.

 If a judge asks a "yes" or "no" question, answer first with "yes" or "no" -- then elaborate.
For example, reply with, "Yes, Your Excellency, in fact ...," or "No, Your Excellency, 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).

 It is okay to stand firm in respectful disagreement with a judge as long as you can back up
your position with a well-reasoned argument.

 You will have 12 minutes to present your oral argument. At the end of your presentation,
the judges or bailiff (if one is present) will show you a "STOP" card. Once you see the
"STOP" card, immediately stop speaking. If you are still speaking when you see the "STOP"
card is presented, ask the Court if you may finish your thought or answer. If the Court says,
"Yes," then finish your thought or answer, but do not take advantage of the Court's
generosity: Finish only that thought or answer, and then retire. Do not make new
arguments.

 When you finish your argument (or run out of time), thank the Court and sit down.

Preparing Your Oral Argument

 Know your arguments completely. In planning your presentation, make sure to highlight
and make a theme of your case's merits. But also anticipate problems for your side and
prepare responses to questions the judges are likely to ask or to issues that opposing
counsel is likely to raise in his or her presentation.

 Pay attention to the major cases referenced in the materials. You need not memorize all of
the cases cited, but make sure you understand the connections between the cases cited and
your argument.

 Focus on the two most important arguments in the problem. They should constitute your
entire argument. Oral arguments are brief, so you must delve into only the most important
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 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

(and convincing) arguments available to your side. With the 12 minutes that you have, do
not attempt to argue all the points raised in the memorial or all the potential issues you
have anticipated having to discuss in response to the judges' questions.

 Always focus on why your side is right, rather than on why the other side is wrong. When
crafting your argument, put yourself in the judges' position. Look for the weaknesses in
your argument, anticipate the questions judges might ask, and plan responses that
transition to the merits of your position.

 'Know when to hold 'em, know when to fold 'em, know when to walk away, know when to
run ....' Knowing when to make concessions without weakening the core of your argument
is an important skill of oral advocacy. If both sides of the case did not both have real
strengths and weaknesses, if the case should have clearly been decided one way or another,
it simply wouldn't even be before the court. It is okay to stand firm in respectful
disagreement with a judge, and it is okay to admit a weakness in your case, as long as it
doesn't undermine the basis of your argument.

 DO NOT WRITE OUT AN ENTIRE SPEECH to deliver to the judges. Instead it is a good idea
to make a brief outline to help you remember the key arguments and issues of your case,
and to note key treatises and cases. Try to limit your outline to one sheet of paper. Use key
words and phrases to jog your memory. While you should certainly have some idea of what
your argument sounds like -- what words you will use beyond your outline -- reading a
speech is simply not persuasive. Reading is one of the most common mistakes made by
inexperienced oral advocates. Approach your argument as a conversation with, not a
lecture to, the judges.

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 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

LECTURE ON: HOW TO ADDRESS THE BENCH

European Law Moot Court

http://www.europeanlawmootcourt.eu/HowToAddressTheBench

How to address the Bench

You should address the Bench politely, and in the following manner:

A) When starting a pleading, say: "Mr. / Madam President, honoured Members of

the Court, dear colleagues…"
B) When talking directly with one Judge: "Your Lordship….".

You should always refer to your opponents with respect, and in the following
manner:

A) "My learned colleague" / "My learned Friend"

B) "The honourable representative of the Applicant / Defendant / Commission"
C) "His excellency the Advocate General / the Honoured Advocate General"

Please avoid the following mistakes:

According to European tradition, you should never address a judge as "your

honour". That is only an acceptable treatment in the U.S.A.

Try to avoid mistakes while addressing the Bench. Addressing the Bench as "your
warships" is NOT a good idea.

Do not interrupt a Judge while he or she is speaking.

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 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

SAMPLE 1: MOOT PROPOSITION

University of Gujrat
Moot Court Competition
14th December, 2011

MOOT PROPOSITION

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 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

MOOT COURT SOCIETY

PROPOSITION
Fazal ur Rehman reached Islamabad by aeroplane as soon as he came out
of airport he received a call on his mobile phone which was made from
the mobile phone of his son Shakir Latif.
He heard the call and the caller warned him saying “we have kidnapped
your son” the caller further threatened him that “in case you inform this
to police or any other agency we will kill your son and throw his dead
body and I will continuously remain in contact with you.”
When he reached his house, he came to know that his son Shakir Latif
who was a lawyer had gone to meet some client at Pearl Continental hotel
and had not returned as yet.
Same caller again contacted him on phone and threatened him saying
“you should arrange for the amount, I will contact you later on.” The said
person again called him on phone and said you should arrange for 2 crore
Rupees as ransom”
Thereafter, said caller continued contacting him demanding the amount.
Ultimately after couple of days he phoned him and threatened that if you
do not pay 25 Lacs by evening, we will kill your son. Finally in night the
kidnapper called him and told that your son has been killed.
Fazal ur Rehman informed the police about the incident and the case was
registered against offender under section 302 and 365-A of PPC.

POLICE INVESTIGATION

When police investigated the matter it was established that the deceased
(Shakir Latif) was last seen in hotel with accused (Bashir) and after that
reported missing. Witnesses agreed that accused and deceased were last
seen together.

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 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

TRIAL COURT DECISION

The trial court convicted the accused relying on the circumstances of „last
seen together‟ with the deceased.

POINTS OF LAW

Case is now before the High Court. The Question before the court is as
follows.

Whether the trail court was justified in relying on the evidence of PW on

the point of „last seen together‟?

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 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

Appellant’s Counsel Arguments

Firstly, introduce the legal panel who is representing the Appellant before
the honourable court;

Secondly, shortly described the facts of the case as written in proposition.

Finally, start with the following grounds of appeal;
1. It is an un witnessed incident. There are no eye witnesses neither
circumstantial evidence is available.

2. There is no independent evidence on record.

3. The evidence on record is only the “last seen together.”
4. Admittedly the accused was last seen with the deceased, What happened after
that is not very clear.
5. The last seen evidence does not even establish that scuffle took place between
the deceased and the accused.
6. On the facts of the present case, no motive is established or even suggested as
to why the accused would want to cause the death of deceased. This is a
factor that must go in their favour.
7. It is submitted that in the instant case, the conviction is based only on the sole
evidence of last seen which has not been corroborated by any other evidence
adduced by the prosecution.
8. There is a huge gap of more than 2days when the deceased was last seen
with the appellant and the finding of dead body of the deceased.
9. Therefore, only on the basis of the uncorroborated testimony, we are of view
that the prosecution completely failed to implicate the accused for the offence
charged.

After the above intro, you should give your associate members a chance
to present case laws before the court which support the present appeal.

Case Laws / Citations/ Authorities

The Supreme Court of India had this to say in Om Prakash v. Ashwani Kumar
Bassi, (2010) 9 SCC 183:

So far as the last seen aspect is concerned it is necessary to take note of two decisions
of this Court.

The Bombay high court (HC) has ruled that the evidence of 'deceased last seen
with the accused' cannot be sufficient for conviction of the accused unless such
evidence is corroborated by other evidence in a case that relies on
circumstantial evidence.

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 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

"The evidence of last seen is a weak type of evidence. Unless it is corroborated

by other evidence, it is difficult to award the conviction only on the basis of the
evidence of last seen," the HC division bench of justices D D Sinha and R G
Ketkar ruled on Tuesday, while setting aside the conviction of Khandu Babuji
Londhe, who is serving a life sentence at the Yerawada jail here. Londhe had
moved a criminal appeal in the HC challenging the judgment of April 3, 2003,
pronounced by the court of additional sessions judge, Pune, that convicted
him and two others for murder and attempt to destroy evidence.

Conclusion

Basically you have to sum up the whole discussion / arguments / case laws
on your turn before the court energetically. And you should have asked the
honourable court for the release of appellant on the basis of case laws and
arguments advanced by co-members of legal panel for appellant.

Inter alia, you should mention the following;

1. The evidence of last seen is a weak type of evidence and the conviction
cannot be based on the solitary evidence of deceased last seen with the
accused unless it is corroborated by other evidence. Hence, it is unjustified
to award the conviction only on the basis of the evidence of last seen.

2. It is a fact that the accused was last seen with the accused (Bashir), as it
appears from the evidence on record, but does not lead to any conclusion
that he had caused the death of the deceased (Shakir Latif).

3. Under the circumstances, the benefit of doubt should be given to the accused
person (Freesa presented case law on this). There is also no conclusive
evidence on record that appellant caused the death.

4. Evidence of last seen was not credit worthy particularly when it was not
corroborated by any evidence. Accused should be given benefit of doubt and
acquitted.

5. The honourable court should consider that where there is a long time-gap
between “last seen together” and the crime, and there is the possibility of
other persons intervening, it is hazardous to rely on the evidence of “last seen
together.” So that there is a high probability of a third person to come in
between to commit the crime.

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 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

6. Pre-requisites for believing last seen evidence are that proximity of time and
nearness of the place of occurrence. In this present appeal these two
elements are also missing. Therefore evidence of last seen is disbelieved.

[Ummer Mushtaq etc. Versus The State]

The above case is so important and a recent case and is referred for reporting.

Prayer
Therefore, it is my humble submission before this Honorable Court to accept this
appeal and my client should be released and be acquitted from this alleged crime of
murder as no concrete evidence is on record and trial court has err in granting murder
punishment only on the basis of evidence “last seen together”

IN STATE OF U.P. V. SATISH, (2005) 3 SCC 114

It was noted as follows: (SCC p.123, para 22)

“The last-seen theory comes into play where the time gap between the point
of time when the accused and the deceased were last seen alive and when
the deceased is found dead is so small that possibility of any person other
than the accused being the author of the crime becomes impossible.

It would be difficult in some cases to positively establish that the deceased

was last seen with the accused when there is a long gap and possibility of
other persons coming in between exists.

In the absence of any other positive evidence to conclude that the accused and the deceased were last
seen together, it would be hazardous to come to a conclusion of guilt in those cases. In this case there is
positive evidence that the deceased and the accused were seen together by witnesses PWs 3 and 5, in
addition to the evidence of PW 2.”

CONCLUSION

Junaid; Basically you have to sum up the whole discussion / arguments / case laws on
your turn before the court energetically. And you should have asked the honourable
court for the release of appellant on the basis of case laws and arguments advanced by
co-members of legal panel for appellant.

Inter alia, you should mention the following;

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 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

1. The evidence of last seen is a weak type of evidence and the conviction
cannot be based on the solitary evidence of deceased last seen with the
accused unless it is corroborated by other evidence. Hence, it is
unjustified to award the conviction only on the basis of the evidence of
last seen. (Zeeshan, Sumera and Ahmad present case law on this)

2. It is a fact that the accused was last seen with the accused (Bashir), as it
appears from the evidence on record, but does not lead to any conclusion that he had
caused the death of the deceased (Shakir Latif).

3. Under the circumstances, the benefit of doubt should be given to the accused
person (Freesa present case law on this). There is also no conclusive evidence on
record that appellant caused the death.

4. Evidence of last seen was not credit worthy particularly when it was not
corroborated by any evidence. Accused should be given benefit of doubt and
acquitted.

5. The honourable court should consider that where there is a long time-gap
between “last seen together” and the crime, and there is the possibility of other
persons intervening, it is hazardous to rely on the evidence of “last seen together.” So
that there is a high probability of a third person to come in between to commit the
crime.

6. Pre-requisites for believing last seen evidence are that proximity of time and
nearness of the place of occurrence. In this present appeal these two elements are
also missing. Therefore evidence of last seen is disbelieved.

[Ummer Mushtaq etc. Versus The State] Lahore High Court Case.

The above case is so important and a recent case and is referred for
reporting.

Therefore, it is my humble submission before this Honorable Court to accept

this appeal and my client should be released and be acquitted from this alleged
crime of murder as no concrete evidence is on record and trial court has err in
granting murder punishment only on the basis of evidence “last seen together”

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 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

SAMPLE 2: MOOT PROPOSITION

School of Law, University of Gujrat

Law Moot Competition
2012

MOOT PROPOSITION

MUHAMMAD ASHRAF ......Appellant

V.

THE STATE ...... Respondent

LAW MOOT SOCIETY

Factual Proposition
Police party raid the house of the Muhammad Ashraf (accused), leading

by Pervez Aslam (ASP) along with the Area Magistrate, on the pretext of

hearsay evidence that Muhammad Ashraf was keeping cocaine in the

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 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

house. Police searched the house of the accused without any search

warrant. When the police party raid the house of Muhammad Ashraf he

was not present there. During the search of the said house Police was not

accompanied by any inhabitants of the locality.

The police registered FIR against the accused under section 9(c) of the

control of Narcotic Substances Act, 1997 and challan was accordingly

submitted to face the trial before the special court established under the

act.

Police Investigation

Police in his investigation claimed that when police raid the house,

accused ran away from the spot. Police mentioned in his investigation

that they took into possession a black colour bag lying on the ground of

the back courtyard which contained 1KG of Cocaine. The raiding party

sent 100 grams of cocaine to the chemical examiner for examination

whereas the remaining cocaine was sealed into separate parcels as case

property.

Trial Court Proceedings

 Defence Version

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 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

i. Muhmmad Ashraf the defendant contended at the trial stage

that the raid without search warrant was unlawful and violation

of article 14 of the Constitution of Pakistan.

ii. Defendant also argued at the trial stage that the requirement

of search warrant is mandatory which cannot be dispensed with.

Further stated that the mere presence of a magistrate with the

raiding party does not authorize the law enforcing agencies to

enter into suspected house without any probable cause.

iii. Defendant had also raised the admitted fact that he was not

present at house when the raid was conducted and the bag of

cocaine was recovered. Hence there was no evidence to prove

that the house was in his exclusive possession.

Trial Court Decision

The learned trial court concludes that defendant / appellant was guilty of

the charge convicted and sentenced him to suffer imprisonment for life

with a fine of Rs. 2 lac.

High Court Decision

The defendant / Appellant filed an appeal in the High Court which was

also turned down by the Honourable Court. The sentence and conviction

awarded by the Trial Court was upheld once again.

33
 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

Points of Law

Case is now before the Supreme Court. The questions before the court is

as follows.

1. Whether the raid conducted by the police on the basis of hearsay

evidence was lawful?

2. Whether the Police have unlimited Power to enter into any house

and disturb the privacy and dignity of the citizens without

satisfying the requirements of law?

3. Whether the police raid can be conducted without issuance of

search warrants?

4. Whether to take the Area Magistrate with the raiding party exempts

the requirements of search warrants?

5. Whether the raid which was conducted without court‟s warrant and

resulted in arrests of accused person subsequently is enough to

prove the guilt of the accused?

SAMPLE 3: MOOT PROPOSITION

CASE TITLE: Faridullah vs. State and others

Faridullah ………Appellant
Versus
State & Others …….Respondents
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 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

Brief Facts of The Case

On 20.10.2016 Faridullah, Ali and other friends were playing volleyball. Faridullah
throw the ball with full force towards Ali, he fell down on the stone, and in
consequence it caused head injury. Upon this he was taken to the hospital where it
was established that skull bone was fractured.
In his statement to police, Ali mentioned that Faridullah hit him with the intention of
killing because he has some clashes with him, and he had a fight with him 2 days
ago.
A case was registered against Faridullah under Sec 324 of PPC on 20.10.2016.
On 27.10.2016, Ali succumbed to his injuries and died. The section of law was altered
to 302 of PPC after his death.
Faridullah was held responsible in the challan submitted by Police to trial Court and
FIR was used as dying declaration of Ali (deceased).
In the trial Court Faridullah pleaded not guilty and claimed to be tried.

Judgment of Trial Court (Sessions Court)

Trial court convicted Faridullah under Section 302 of PPC and awarded him life
imprisonment.

Appeal in High Court

Appellant made an appeal against his conviction in the Honorable High Court on the
following grounds.
1. Appellant is not guilty of murder since the injury caused during game was
accidental not intentional.
2. Motive and intention is absent in this case.
3. Judgment of the trial court is not sustainable as there is misreading of
evidence.

Questions of Law
1. Can FIR be considered as dying declaration?
2. Is the principle of “VOLUNTI NON FIT INJURIA” applicable to this case?
3. Is there a close nexus between the act of appellant and the resulted death of
deceased?

Relevant Laws
1. Pakistan Penal Code, 1860
2. Qanoon e Shahadat Ordinance, 1984
3. Criminal Procedure Code, 1898
4. Relevant Case laws

SAMPLE 4: MOOT PROPOSITION

PCL MOOT PROPOSITION

In March 2011, Parliament enacted the Prevention of Litter Act 2011 („the Act‟).
Section 10 states:
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 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

(1) It is an offence for any person to distribute leaflets or other printed material on
public highways in the designated area.
(2) It is a defence for a person accused of an offence under subsection (1) to show that
he had legitimate reason to distribute leaflets in the designated area.
(3) The promotion of any religious belief is not a legitimate reason under subsection
(2).
The „designated area‟ is defined under statutory instrument to include any area within
1 km of Sheesham Road. Sheesham Road is a central road of the city and a great
volume of road traffic is almost always seen there.
During the passage of the Bill through Parliament, the Interior Minister stated that the
Bill was necessary in response to a recent incident in Sheesham road when members
of a religious sect distributed over 50,000 leaflets warning of an imminent coming of
doomsday. The resulting litter caused long traffic jams and some pedestrians slipped
on the leaflets and injured themselves. Moreover, the traffic situation deteriorated to
such an extent that an ambulance could not reach its destination and the patient it was
transporting died in the ensuing chaos. It took the local authority 3 days to clear all
the leaflets from Sheesham road.
On a Friday morning in May 2011, the police were alerted to the presence of Mr
Daud, who was distributing leaflets on Sheesham road. The leaflets promoted the
beliefs of a particular religion, Dworkinology. Among the core beliefs of
Dworkinology are that believers are encouraged to proselytize. Mr Daud was arrested
and FIR was lodged under sec. 10 of the Act. Mr. Daud filed a writ petition in the
Lahore High Court under article 199 of the Constitution for the quashment of the FIR
and for finding Section 10 of the Prevention of Litter Act 2011 as unconstitutional. In
the proceedings of The Church of Dworkinology v. Federation of Pakistan the
petitioners have inter alia pleaded the following issues:
a. Section 10 of the Prevention of Litter Act 2011 infringes the fundamental right
to freedom of expression under Article 19 of the Constitution of Pakistan;
b. Section 10 of the Prevention of Litter Act 2011 infringes the right to freedom
of religion under Article 20 of the Constitution of Pakistan.
The Attorney-General‟s Department has issued a statement saying that the petition is
not maintainable in the High Court.

SAMPLE 5: MOOT PROPOSITION

IN THE SUPREME COURT OF ZEKISTAN

Human Rights Commission of Zekistan
Through its chairperson
….Petitioner
Versus
Federation of Islamic Republic of Zeksitan
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 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

….Respondent

Profile of The Petitioner

Human Rights Commission of Zekistan (HRCZ) is a broad-spectrum, countrywide human
rights body. Nationally, the HRCZ has established a leading role in providing a highly
informed and independent voice in the struggle for human rights and democratic
development in Zekistan. It is an independent, voluntary, non-political, non-profit
making, non-governmental organization, registered under the Societies Registration Act
(XXI of 1860), with its Secretariat office in Leshore. The main object of HRCZ is the
defense and promotion of human rights of all Zekistani citizens and all persons who may
happen to be in the country.

Background
Zekistan is a developing country and is dependent on the aid of other countries such as
Chimerica. Both countries are members of the United Nations and throughout the history
have exchanged mutual relations including diplomatic relations. Both countries have
signed and ratified Vienna Convention on Diplomatic Relations 1961, and Vienna
Convention on Consular Relations 1963.

Facts of the Case

On Jan 26, Beavis, a Chimerican on visit visa, shot two Zekistani men on the pretext of
self-defense in a market area in Leshore. Bystanders gathered around Beavis and took his
footage and of his bullet-ridden vehicle. Police came to the scene and took Beavis into
custody for investigation. After initial investigation by the Leshore police, Beavis was
remanded for six days in police custody by the court. The Chimerican embassy
subsequently converted his visit visa into a consular staff visa. The government of
Zekistan granted the consular‟s immunity to the Beavis and he was handed over to the
government of the Chemerica which set him free without any process.
HRCZ has challenged the decision of the government of Zekistan, alleging that Beavis‟s
release was without due process of law and the government has breached its
constitutional obligation to protect the life of the citizens of Zekistan. Beavis killed two
Zekistanis at a public place without any background of enmity between the victim and the
murderer; therefore, it was a case of public importance. Under these circumstances,
HRCZ wants the government to bring Beavis back for trial for his alleged murders
because violation of right of life is a matter of public importance in respect of
fundamental rights and can be adjudicated by the honorable court under Article 184(3) of
the constitution of Islamic Republic of Zekistan.

Questions of Law
In the light of the abovementioned facts, the following questions of law are open to be
determined by the Honorable Court:-
1. Does the Honorable court have the jurisdiction to entertain the issue in hand as a matter
of public importance in respect of fundamental rights under the constitution of Islamic
Republic of Zekistan?

2. What is the applicable law upon the instant issue?

3. Can the visit visa of Beavis be converted into a counsular visa?

4. Can Beavis claim immunity against capital punishment and the plea of immunity be
granted by the receiving state?
37
 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

5. Can the Honorable court direct the Government of Zekistan to seek Beavis‟s
extradition for the purpose of trial?

SAMPLE 6: MOOT PROPOSITION

2ND ANNUAL NATIONAL LAW MOOT COMPETITION

BY
SCHOOL OF LAW, UOG

Facts of the Case

The country of Akhbaristan is a federal parliamentary republic with Islam as the state
religion. The first constitution of the country was adopted in 1956 but suspended. The
constitution of 1973 is the country‟s most central document. Akhbaristan is a rapidly
38
 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

developing country. Agriculture is the back bone of the county. The large chunk of
population of the country is living below poverty line. The country of Akhbaristan has the
lowest capital assets among the nations of the world. Corruption in Akhbaristan is so
widespread. Most of the governments in Akhbaristan have been dismissed on corruption
charges but no one has yet been punished for it.
Baymisal Begum served as Prime Minister of Akhbaristan from December 1988 through
August 1990, and again from July 1993 through November 1996. She and her husband,
Asiv Zardozi, have been charged with corruption and money laundering in Akhbaristan
and Swissland. Investigators found that payments were made to the couple from
kickbacks from government contracts, particularly military contracts, the granting of
exclusive government licenses, and other dealings. The amount at issue is estimated
nearly $2 billion.
It has been charged that these funds were then used, in part, to make significant purchases
of expensive real estate allegedly controlled by Zardozi or close relatives. These include
several homes in France, a number of luxury apartments in London, six properties in
Florida, including a country club and polo ranch worth $4 million, and two properties in
Texas.
Mr. Zardozi eventually became a President of the country and according to law of the
land president have the protection from all civil and criminal prosecution.
A writ petition was filed before the Supreme Court of Akhbaristan for initiating of money
laundering case against the President in the courts of Swissland.

Questions of Law
1. Whether President Zardozi has immunity/exemption from all civil and criminal
proceedings in courts within and outside Pakistan?

2. Whether the provisions of the constitution of Akhbaristan are binding on foreign state
and its courts?

3. What is the international law e.g. Convention on the Privileges & Immunities of the
United Nations and the Vienna Convention on Diplomatic Relations?

4. Which institution of the country will decide the issue of presidential immunity?

5. Whether the Presidential Immunity continued after expiration of term of office of

President

SAMPLE 7: MOOT PROPOSITION

3rd Annual National Law Moot Competition, 2014

Organized by School of Law, University of Gujrat, Gujrat

39
 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

IN THE HIGH COURT OF TYRANISTAN

Sharif-ud-din

…Petitioner

Vs.

Federation of Tyranistan

…Respondent

Facts of the Case

Tyranistan is a democratic state but unfortunately it was ruled by the military dictators
for quite some time. In this age of democracy, Tyranistan is still struggling for their
right of self-determination. People of Tyranistanhaving lived half of its life under
direct military rule and remainder under its shadow is not out of woods yet.

Gen. Sharif-ud-din who was an army chief in 1999 had allegedly toppled the
democratic government and taken over the reign of the government by subverting the
constitution of the land and declaring himself as Chief Executive of Tyranistan which
is an extra-constitutional title.Thenin 2007 he declared an emergency throughout
Tyranistan being an army chief.Heallegedly sacked and imprisoned number of judges
of superior courts.The constitution was suspended and the country was being run
under a Provisional Constitutional Order (PCO) at that time.

Gen. Sharif-ud-din in his speech, dated 3rd November 2007,allegedly stated that “I
General Sharif-ud-din, Chief of Army Staff, proclaim emergency throughout
Tyranistan. I hereby order and proclaim that the constitution of the Republic of
Tyranistan shall remain in abeyance. This proclamation shall come into force at
once.”

In 2008, after street demonstrations and other protest against the military dictatorship,
Gen. Sharif-ud-din had resigned, and left for exile in London. In 2013, after four year
self-imposed exile he returned to Tyranistan. The same year the democratic
40
 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

Government of Tyranistandecided to take action against the former president and ex-
army chief under article 6 of the „Constitution of Tyranistan, 1973‟.For this purpose,
the special court was formed under „The High-treason Punishment Act, 1973‟has
summoned former DictatorSharif-ud-din in a high treason case under article 6 of the
constitution, initiated against him on the request of federalgovernment.Now Petitioner
filed a constitutional petition before the high court for the settlement of following
questions.
Questions of Law

1) Whether the case of high-treason can be initiated in a special court on the

charges of imposing emergency on 3rdNovember, 2007against General Sharif-
ud-din, under Article 6 of the constitution?
2) Whether the Gen. Sharif-ud-din as it is allegedthat he imposedemergencyas
Army Chief then he should not be tried under Army Act?
3) Whether the Federation of Tyranistaniscompetent party to file the petition
before the Special Court?
4) Whether the implementation of PCO and detention of superior Judges make
out the case of high-treason under Article 6?
5) Whether the useof the word, “I, Gen Sharif-ud-din…….proclaim emergency
throughout Tyranistan……..constitution shall remain in abeyance”, was
sufficient to convict Gen. Sharif-ud-din?
6) Whether the imposition of emergency shouldbe considered as a martial law
under the constitution?
7) Whether the civilian courts can prosecute any transgressor or dictator for
imposing martial law?

41
 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

42
 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

SAMPLE 8: MOOT PROPOSITION

Lahore University of Management Sciences

Opposite Sector U, DHA, Lahore Cantt
Phone:

042-35608063/8

E-mail:

mkhalid@lums.edu.pk mimran@lums.edu.pk khadija@lums.edu.pk

4t h LUMS NATIONAL MOOT COURT

COMPETITION
MOOT PROBLEM

Mustafa Kamal

versus

Pony Corporation

43
 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

Mustafa Kamal v Pony Corporation

Pony Corporation is a company incorporated under the laws of the State of

New York. It is in the business of publishing and selling books relating to
real stories and fiction and poetry. From these books it further develops
television programs, and films based on the stories of its books and also
develops songs based on the poetry books that it publishes. It markets the
hard bound books as well as plays, films and songs on CDs in large
number of countries within Europe and Asia (but not in Pakistan) through its
distributors.

In addition, to marketing and sale of its products through its distributors in

various counties, it also has an internet site portal from which it accepts
orders and mail books and CDs to the buyers in large number of countries.
Although Pakistan is not specifically listed in the countries as a country of
offer for sale of such goods, it is possible for any Pakistani resident to order
the goods which are then delivered through certified mail or courier.

Furthermore, electronic forms of the books, dramas, films and songs can be
downloaded in consideration for credit card payments of the relevant prices
in the local currency, including within Pakistan.

Mustafa Kamal, a Pakistani student ordered a couple of books and CDs on

the internet for delivery at his home address. The books and the CDs were
delivered but some of them were found to be damaged in transit. Pony
Corporation has refused to replace them free of cost and Mustafa Kamal
intends to sue Pony Corporation in a court in Pakistan.

In addition, Mustafa Kamal had also downloaded a number of books, films

and songs from the internet site of Pony Corporation. The total price of the
items download was Rs. 10,000 when he entered his Pakistani credit card
number and made the payment online. When he received his credit card
payment at the end of the month, he notice that he was charged Rs. 20,000
for the transaction. He telephoned his bank which had issued him the credit
card, to stop payment, but the bank had already paid Rs. 20,000 to Pony
Corporation. When he called and wrote to Pony Corporation to dispute the
charge, they said that according to their internet site portal’s records, he
had downloaded two copies of each item, and the web site made clear
ation refused to credit him Rs. 2
6,500, as it said he had received copies. When Mustafa Kamal checked his
download folder he noticed that he did have two copies of each item he had
downloaded, and realized that either this had happened due to a glitch in
the system, on Pony Corporation’s website, or in

his broadband connection. Mustafa Kamal would like to determine what recourse he
would have in Pakistan to recover his money for the second unintentional download
of the items. To that end, he is willing to return the extra copy of each item to original
owner, or to whichever party gives him Rs. 10,000.

44
 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

Please highlight all the issues that would be involved in such transactions between
Pony Corporation and Mustafa Kamal that would arise under the laws of Pakistan,
and determine what, if any, recourse Mustafa Kamal has against Pony Corporation
in the Pakistani courts with respect to both the damaged items and the extra copies
of the items for which he was charged.

Additional Issues

1. Whether the courts in Pakistan will have jurisdiction over a cause of action
arising out of any business solicited through Web address on the Internet and
delivered through courier?

2. Whether the Internet advertising which had the potential to reach and solicit
a Pakistani resident, alone was sufficient to confer personal jurisdiction over
a foreign corporation (Pony Corporation) and would be subject to suit in
Pakistan?

3. What is the law in Pakistan, which contemplates for electronic transactions

that take place on the Internet or offences or cyber-crimes committed in
Pakistan?

4. Whether the dispute in hand can be decided by domestic courts in

Pakistan?3

45
 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

SAMPLE 9: MOOT PROPOSITION

MOOT PROBLEM

Ahmed was going towards his home on motorcycle. Suddenly,

Rashid came there armed with knife and pushed Ahmed,
resultantly Ahmed fell down. Then Rashid attacked with his
knife which accused injuries of his left Arm and upper part of
right leg. Ahmed got serious injured. Ahmed was shifted to the
hospital. An FIR was registered against Rashid U/S 324,337F2
PPC. Rashid was arrested subsequently and recover of knife
affected from him. Now a post-arrested bail has been moved.

I. Whether the above mentioned offences are made out??

II. Whether recovery can be a tool to connect the accused
with the commission of crime??
III. Whether Rashid is entitled to the post-arrest bail or not??

46
 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

DEFINITION OF SOME COMMON TERMS IN MOOTING

1. "Appeal" is a case which has been heard at the first instance or a court of
inferior jurisdiction such as the High Court, the District Court or the
Magistrates Court but which has subsequently been brought before a Court of
Superior jurisdiction, such as a Court of Appeal or Federal Court.

2. "Advocacy" is the act of speaking on behalf of a cause or person.

3. "Appellant" Is the party who has initiated an appeal.

4. "Appellate Advocacy" Is the form of oral legal argument which occurs at an

appeal court.

5. "Bench, Panel, Assessors or Judges" These are the terms used to describe the
persons who determine the scores for a moot.

6. "Compromis;" Is the fact-pattern upon which the moot is based.

7. "Cases or Authorities" Are the legal decisions made by previous Courts.

8. "Entering Appearances or Announcing Appearances" Is the act of telling the

Court the names of the persons who will represent a particular side in a moot.

9. "Instructing Attorney" is the person on a mooting team who is not an advocate

and who has as his or her function the task of assisting with research and
drafting of legal arguments.

10. "Jurisdiction" is the legal power of a court to hear and Determine a matter.

11. "Law Schools" are the Faculties of Law at

Universities, Colleges or professional Law Schools.

12. "Locus Standi" is the legal basis or legal standing, upon which a
party brings a claim.

13. "Memorial, Skeleton Arguments or Written Submissions" Is the written

submission in a moot, they are also referred to as Skeleton Arguments or
written Submissions.

14. "Moot" Is mock court advocacy usually in a competitive setting. This may
either in the form of trial or appellate advocacy.

15. "Mooter" is the student who is actually engaged in the act of mooting.

. .
16. "Moot Court" is the physical cou1·t in which mooting takes place. It also
includes the practice of mooting.

47
 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

17. "Rebuttal" is the opportunity of the applicant to prove that assertions or

allegations raised by the respondent are inaccurate. This is after the
respondents have made their submissions.

18. "Reserve Mooter" is the person on the mooting team who is no scheduled to
moot, but who can, if they, are required to, moot in the place of one of the
selected mooters.

19. "Reserving Time" is the act of announcing to the Court the way in which your
team will be dividing its speaking time.

20. "Respondent" is the party against whom an appeal is brought.

21. "Sur-rebuttal" is the opportunity of the respondent to prove that assertions or

allegations raised by the applicant in its rebuttal are in accurate or false. This
is after the appellants have made their rebuttal.

22. "Tick" is the word used to describe irritating or distracting habits

which an advocate may have when arguing before judges.

23. "Trial Advocacy" is the act of addressing the tribunal or Court when
engaging in technical skills of conducting a trial with witnesses and may be a
jury

48
 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

Different Mooting Competitions

Some mooting competitions have a reputation in mooting that is tantamount to

the World Cup for Foot ball. The esteem attached to mooting competitions is
hinged on

(i)the number of international participants;

(ii)the quality of educational institutions that take part;

(iii) the quality of groups which lend support to the competition;

(iv) the length of time that the competition has been running; and

(v) the nature of the prizes gained by winners.

I hasten to add at this point that mooting competitions arc always good to take
part in as they allow for the student to develop his advocacy skills in a relatively
insulated environment, where a legal mistake has no serious consequences.
Therefore, my initial advice on esteem and honor is only a guide of why some
competitions have developed a reputation in this field and not a
recommendation of the competitions which should be entered into.

It can be said, without much objection, that the Jessup International Moot Court
Competition is one of the most prestigious mooting competitions in the world.
There are just under a hundred teams from across the world that takes part in
annual competition. This competition focuses on general international law issues
and the quality of the Judges and over all organization is beyond reproach.

For persons who may have an interest in a more focused area of international
law, there arc moots which focus on specialized areas of international law. There
are moots on International Environmental Law. One of the most prestigious is
the Stetson International Environmental Moot Court Competition.

49
 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

There is the International Labour Organization (ILO) Moot Court Competition

which focuses on international trade. There is the Human Rights Moot Court
Competition in South Africa. There is also the Common wealth Mooting
Competition which is a biennial mooting competition. Eligibility for this latter
competition is limited to Common wealth nations.

These are just a few of the moot court competitions that exist. It is always import
ant to verify issues of eligibility and subject-area focus of the moot.

https://books.google.com.pk/books?id=mTLUAQAAQBAJ&lpg=PA23&dq=Functions%20of%20a%2
0Mooter&pg=PA31#v=onepage&q&f=false

Mastering the Art of International Mooting: The Structure, Technique and Rules of International
Mooting

By Timothy A. Affonso

50
 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

Preparing to Moot: A Step-by-Step Guide to Mooting

By Sarah L. Cooper, Scarlett McArdle

CRIMINAL LAW ANALYSIS /THE PROBLEM QUESTION

IN THE SUPREME COURT OF THE UNITED KINGDOM

HARPER

REGINA

Laura Harper and her two work colleagues, Kate and John, went out in Birmingham to celebrate John's
promotion at work. Laura was pleased for John, although she had also applied unsuccessfully for the
same position. The three colleagues worked for an international importing company.

At around 11.00 pm, the group got in to a taxi and requested to go home. Instead, the driver of the taxi
locked the doors and took the group to a wooded area where a gang of three men were waiting. Kate,
John and Laura were stripped of their valuables and beaten John was also stabbed in the leg with a
penknife. The gang repeatedly told Laura, Kate and John they were going to kill them.

The gang tied John to a tree, and told Laura to shoot him. Laura initially refused, but after being
threatened with the penknife, she reluctantly held out her hand. The gang member placed a loaded
pistol into Laura's hand.

Laura raised the gun, but before putting her finger on the trigger and aiming it, she shouted: 'You are
all vile cowards. You haven't got the stomach to finish what you started, so you need me to do it for
you! But, john's pain is on your shoulders, not mine.' However, before she placed her finger on the
trigger a team of police swarmed the area and arrested everyone present.

The gang members were all charged and convicted of various offences. John and Kate were released
with apologies, but Laura was charged with attempted murder.

At the trial, Judge Warren directed the jury that Laura was guilty of attempted murder, provided that
they were satisfied that when she took the gun and prepared to aim it, she intended to kill John. He
directed them further that duress was no defence.

The jury returned a unanimous verdict of guilty. In the circumstances Judge Warren decided to give
Laura an unconditional discharge.

Laura's appeal was dismissed in the Court of Appeal. She now appeals, with leave, to the Supreme
Court on the grounds that the trial judge mis-directed the jury:

1. In directing them that an act constituting attempted murder had been committed.

2. In his direction that duress was no defence to attempted murder.

51
 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

UNDERSTANDING THE BASICS OF THE PROBLEM QUESTION

Before you begin to analyze a moot problem question, you shou ld familiarize
yourself with its various features. Below you will find a list of features identified by
the relevant letter in the problem above. These features will remain loosely the same
in most moot problems. The most notable differences occur between civil and
criminal law moot problems.

COURT

The cou rt that you are advocating in dictates a number of things. For example it
indicates the significance of precedent. R v Harper is in the UK Supreme Court,
which is not bound by its own precedent. When advocating in the Supreme Court,
it is also worth noting the types of cases that will gain permission to appeal. Cases
accepted for argument in the Supreme Court will often be cases of the 'greatest
public and constitutional importance'. This fact may influence the type of
argument you may seek to make.

APPELLANT
The first name indicates who is appealing to the appeal court. In R v Harper, the
defendant (as indicated by the surname of the defendant, i.e. Harper) is appealing
the points of law to the Supreme Court.

RESPONDENT
The second name indicates who is responding to the appeal. In R v Harper, the
Crown (as indicated by the term 'R' for 'Regina') is responding to the appeal.

INCIDENT FACTS

The first four paragraphs set out the factual circumstances of the i ncident that led to
the legal issues presented.

CHARGES

The fifth paragraph sets out the charges leveled against the defendant. In R v
Harper, the defendant was charged with attempted murder. Remember, 'charges' are
typically unique to criminal law problem questions. If the question does not
indicate what specific source of law (such as case law or statutory law) defines the
crime charged, you should research th is as a starting point. This will become more
apparent when we begin to identify research terms.

LONG PROCEDURAL HISTORY

This explains what has happened in the case in the previous courts where it has
52
 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

been heard. This helps you to understand how and why the current appeal came about.

IMMEDIATE PROCEDURAL HISTORY

This passage tells you what has happened in the court directly below the court i n
which the moot problem question is i n. For example, i n R v Harper t.he case was last
heard in the Court of Appeal (Criminal Division).

GROUND ONE OF THE APPEAL

This ground 'belongs' to Senior Counsel for both the Appellant and the
Respondent, which in the case is Ali. The Appellant will argue for the appeal (i.e.
for it to be allowed), where as the Respondent will argue against (i.e. for it to be
dismissed). In R v Harper, the Senior Appellant will argue that the trial judge did
misdi rect the jury in saying that an act had been com mitted that constituted attempted
murder, and the Senior Respondent will argue there was no error and attempted
murder is made out.

GROUND TWO OF THE APPEAL

This ground 'belongs' to Junior Counsel for both the Appellant and the Respondent,
which in this case is Anna. Again, the Appellant will argue for the appeal, where as
the Respondent will argue agai nst. In R v Harper, the Junior Appellant will argue
that the trial judge did misdirect the jury in saying that the defence of duress was not
applicable to a case of attempted murder, and the Junior Respondent will argue there
was no error and duress is not applicable.
SUMMARISING THE CASE
When you are familiar with the fundamental features of the moot question, it is useful
to construct a summary of the fact pattern that i ncludes all of the salient points. This
will help ensure that you know the facts thoroughly, but also it is routine for judges to
request a brief summary of the problem question.

This section first reviews the summaries constructed by Ali and Anna. These are used
as a spring board to show you some of the difficulties mooters can have when
constructing summaries that are both concise and comprehensive. It is important to
note that there is no magic formula for creating a summary; however, we employ the
following general 'rule of th umb' and encourage students to develop summaries
that comprise five key points (plus the grounds of appeal) and articulated in clear,
simple and professional language (i.e., largely absent the use of legalese).

Below is the summary constructed by Ali:

53
 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

• Three work colleagues, Laura, John and Kate, were out in Birmingham city centre.

• At 11.00 pm they called a taxi and asked the driver to take them home; instead he
drove them to a wooded area where a gang of men were waiting.

• The gang took their valuables, beat them and repeatedly told them they would kill
them. John was stabbed in the leg with a penknife.

• John was tied to a tree and Laura was told to shoot him. She refused at first but
reluctantly agreed after further threats were made.

• A loaded pistol was placed in Laura's hand. She shouted, 'You are all vile
cowards. You haven't got the stomach to finish what you started, so need me to do
it for you! But, John's pain is on your shoulders, not mine.'

• She raised the gun but before she could put her finger on the trigger the police
arrived and arrested all parties.
• Laura was charged and convicted of attempted murder .The judge directed the jury
that she was guilty if they were satisfied that she had the intention to kill when she
prepared to aim the gun. He also directed them that duress was no defence.

• Laura's appeal was dismissed in the Court of Appeal.

• She appeals to the Supreme Court on the grounds that the judge misdirected the jury
in directing them that an act constituting attempted murder had been committed, and
that duress was no defence to attempted murder

Ali clearly focused on constructing a summary that did not neglect

important facts. The result is quite a detailed summary . While this is a good
approach to start with, the summary above is perhaps a little too deta iled and
would have benefitted from further editing. In its current form it includes too
many extraneous details, and would take too long to deliver to the judge. Ali's
decision to use bullet points, however, is a usefu l one. It gives his synopsis both
structure and clarity, particularly with regards to the chronology of even ts. All of
these things are helpful when advocating.

Below is the summary constructed by Anna:

Laura, Kate and John went out to celebrate John's promotion. When they got in the taxi the
driver took them to another area. A gang took their belongings and beat them up. Laura
was told to shoot John and was handed a loaded gun. Before putting her finger on the
trigger the police showed up. Laura is now accused of committing the offence of attempted
murder.

Anna's summary is significantly different to Ali's. First, she summarizes in

54
 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

prose as opposed to bullet points. Second, she has attempted to rephrase the
language of the question to enable her to be concise. Third, her summary is
'vastly less detailed than Ali's. While Ali's concern was to not miss out detail,
Anna was mo re focused on providing a short, sharp summary tha t would be
presentable to a judge in a concise and speedy manner. This is an important
aspect of a summary; however, overall Anna's summary needs fu rther
development. Anna's approach currently lacks important facts and is not fully
accurate. For example, her summary ends with Laura Harper being accused of
attempted murder , whereas the moot problem is staged way beyond that point,
as [by now] Harper has been convicted of attempted murder, has appealed that
conviction and is now appealing to the Supreme Court.

Below is an example of a summary we developed to try and take a middle

Ground between Ali's desire to be comprehensive and Anna's desire to be concise.

• The Appellant and her friends were kidnapped, robbed and beaten by a
gang. The Appellant was ordered to shoot one of her friends by a
member of the gang. The Appellant refused but after being threatened
with a weapon, she reluctantly held out her hand and a loaded pistol
was placed in it.
• The Appellant raised the gun but did not put her finger on the trigger and
stated that any suffering to her friend would be the gang's responsibility.
At that point, police intervened.
• The Appellant was charged with attempted murder.
• At trial, the judge directed the jury that if they were satisfied that when
the Appellant took the gun and aimed it, she intended to kill her friend,
then she would be guilty of attempted murder and, second, that duress
is no defence. The Appellant was convicted.
• The Appellant appealed that both of those directions were erroneous.
This was dismissed by the Court of Appeal . The Appellant now makes
the same arguments to the Supreme Court.

In developing the above summary, we started by condensing the incident.

Notice that, in doing so, were phrased the language of the problem question
allow us to be succinct, yet comprehensive. This is shown by, for example, the
fact that our first sentence sets out information that Ali covers in four of his
bullet points, namely that the group were kidnapped, robbed and beaten by a
gang. Rephrasing the language of a problem question in order to produce a
summary is perfectly acceptable- just be sure not to change the meaning of the
55
 Module Title: Law Moots
Instructor: Khawaja Mushfiq Haroon
Assistant Professor @ University of Gujrat
mushfiq.haroon@uog.edu.pk

content when doing so.

In our summary, we have highlighted facts that are pertinent to the

particular grou nds of appeal and left out others that are peripheral. With regards
to the first ground of appeal, which focuses on the charge of attempted murder, it
was important for us to include facts that would be relevant to the Appell ant's
physical actions and state of mind. This meant, for example, that particularly
relevant facts i ncluded the Appellant being beaten and threatened, and that she
was reluctant to take the gun and orally abdicated responsibility for any resulting
harm. The point at which the police in tervened is also important. It is much less
important to consider faces like where the incident took place, what time of day
it was, how the group were travelling and what was taken from them. These were
some of the mistakes Ali and Anna made. These peripheral facts do not have
any material impact on the creation of summary.

With regards to the second ground of appeal, which focuses on the defence of
duress, it was important for us to include facts that were relevan t to the 'pressure'
the A ppellant was put under at the time of the incident. This meant, for example,
that facts related to the Appellant being beaten and threatened with a weapon were
also relevant for the second ground of appeal.

Second, i n a criminal law themed question you should always i nclude the
charge, conviction and findings of the lower courts. There is no need to go into a
lot of detail on the charge; it simply needs to be stated. The findings of the lower
courts are especially relevant in the case of R v Harper because what happened
in the trial court (specifically the directions given by the trial judge) is what has
generated the current grounds of appeal before the Supreme Court. This is why the
exact directions of the judge should be included in the summary. An appropri ate
way to end a summary is with the exact issues tha t are before the court. This gives
the judge a clea r journey from the original incident (that generated the criminal
liability) right up to the appeal being argued.

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