1.
Aid the client and also make sure that the jurisprudence surrounding the issue is
enriched.
2. The arguments need to be nuanced and a well-thought-out approach.
STEP 1 - BACKGROUND RESEARCH - ACQUAINT YOURSELF WITH THE BASICS OF
THAT AREA OF LAW.
GAIN KNOWLEDGE ABOUT THE SUBJECT MATTER FROM BEFORE.
KNOW THE WHAT AND WHY OF THE LAW BEFORE YOU CAN ANSWER THE HOW OF
THE LAW
a) KNOW THE FORUM WHERE YOU ARE ARGUING YOUR CASE, SC,HC Etc. Know
the jurisdiction of the forum.
b) Find the applicable laws. Therefore, in understanding applicable law, one must look at
the statute or the founding document, the general principles surrounding the law, the
sources of law that are understood to be persuasive or binding in the forum, the
historical context and background based on which a particular statute was enacted or a
particular body was formed to adjudicate specialized disputes.
c) Research around the general knowledge of the subject matter. How that particular thing
performs.
d) Research Based on Applicable Rule of Evidence: Other aspects include specific norms
of appreciating evidence. It is important to understand the weight given by the forum to
different forms of evidence and their value. Even if the moot does not involve a trial,
summary proceedings also allow you to argue on the aspects like insufficient causation
(sometimes problems provide two separate facts without saying that one caused
another. In such a case, you have to ascertain whether there is a cause-effect
relationship or mere one of correlation. This helps you argue that the wrongdoing did not
cause the harm or
that whatever material is being relied upon to show causation merely reflects a
correlation) which can be argued based on the evidence in the problem. To give an
example, moots refer to reports by NGOs to establish causation between the alleged
wrong and the wrongdoer. However, there is a rule in evidence where unless the
information which comes from a single source is corroborated by another source, it may
not be completely trusted. Such arguments make for a stronger case than to just allege
bias based on clumsy facts deliberately put as clickbait. Therefore, we must also have a
keen eye on these aspects.
e) Research-based on the stage of the dispute: pre-trial, trial stage, appellate stage, review
stage, etc.
f) Nothing you will read will go in vain while mooting.
g) Having acquainted ourselves with the know-how of the background research, we must
move to the next step – getting familiar with our moot problem.
