UNIVERSITY INSTITUTE OF LEGAL STUDIES

MOOTING: ARGUMENTATIVE SKILLS

A Project Report submitted as a part of the curriculum in the subject

of Research Methodology

Submitted to: Submitted by:

Prof. Gulshan Yuvica Gupta

343/20

B.Com L.LB (Hons)

 ACKNOWLEDGEMENT

First of all, we would like to express our gratitude to the Almighty for
enabling us to complete this project on ‘Mooting: Argumentative
Skills’.

Successful completion of any type of project requires help from a

number of people. We would like to express our deep gratitude
towards these people. We convey our sincere gratitude towards our
Prof. Gulshan Kumar. Without his kind direction and proper
guidance, this project would not have been possible.

We would also like to thank my parents and friends for their constant
support throughout.
 TABLE OF CONTENTS

Sr. Particulars Page No.

No.
1 INTRODUCTION 01
2 RELEVANCE AND IMPORTANCE 01-03
3 ARGUMENTATIVE SKILLS 03-04
4 THE FOUR ESSENTIALS 04-05
5 NEED OF ARGUMENTATIVE SKILLS 05-06
6 DO’S AND DON’T’S 06-07
7 DEVELOPMENT OF SKILLS 08
8 TIPS TO BE KEPT IN MIND 08-10
9 IMPORTANT INCLUSIONS 10-11
10 TRICKS OF TRADE VIZ-A-VIA 11-13
ADVOCACY SKILLS
11 CONCLUSION 13-14
 MOOTING: ARGUMENTATIVE SKILLS

INTRODUCTION

Mooting is an imitation of a court hearing wherein participants analyse a problem,

research for relevant laws, prepare written submissions and present an oral argument.
Moot problems are generally based on unsettled law or on recent developments.

Mooting is a form of an Oral proceeding similar to that of a court proceeding

practiced mainly in institutions and universities where law as a subject is taught to see
that how efficient a student is in fighting an argument based on law. In this a proper
court scenario is created where the students act like the Counsels (Advocates)
presenting each side (Plaintiff and Defendant) on the basis of evidences and
substantive questions of law argue with each other to prove their point in front of the
judge who in the end will give his judgment in the same regard and will also declare
the winner who has performed the best. Also, while presenting their arguments the
judge can question them on facts or question them on any of the legal concepts to
check the aptitude and in prompt adaptability to the situation of the student.

In India, mooting started when the Bar Council of India organised Bar Council of
India Moot Court in 1981. In 1985, moot court learning became a basic part of Indian
legal education. Since that time, mooting is followed in Indian Law Institutes.

RELEVANCE AND IMPORTANCE OF MOOTING

Since mooting as an activity requires a lot of time, hard work and efforts from all the
team members, it is only fair that you have sound reasons to take up mooting.
Everybody has a different motivation to moot, but understanding the most common
reasons as to why people take up mooting can provide reason to your own belief to
take up mooting.

1. Critical and analytical skills- The inherent nature of Mooting is such that it
involves analysis of facts, sifting of the material facts from immaterial ones,
carving out the contentious issues, and conducting research on them. This
whole process helps a participant achieve the analytical skills as he/she learns
to raise perplexing questions and seeks to find an answer to them, all by her
own efforts.
2. Appreciate diverse perspectives - Mooting teaches a person to have a holistic
view of a problem in hand and evaluate both the strengths and weaknesses of a
case. Since a moot court requires preparation from both sides to be made, it
requires interpretation and re-interpretation of the same provisions of law to
suit both sides in a case.
3. Enhances public speaking -In a profession like law, public speaking is a good
to have skill Mooting provides a participant with an excellent platform to
polish one's speaking skills before they enter into the profession.
4. Learning beyond the classroom- The real practice of law cannot be served
only by bare provisions of law and the plethora of case laws that are taught in
the confines of the classroom. (Even though the Bare and the Case Law still are
crucial readings for both the law student and the lawyer, a diligent student must
take part in activities that bridge the gap between classroom learning and real
world application. Mooting helps in bridging this gap by introducing the
participants to an application based learning of law.
5. Industry knowledge- Irrespective of the outcome of a moot competition, a
participant can be assured that the mooting experience will help him in gaining
a vast knowledge of subject matter of the moot. The experience will broaden
his knowledge of subject matter involved in the moot and help him in getting
an edge over other peers in that particular area of law.
6. CV Building- Since skills like research, drafting and advocacy are
indispensable for any practice of law, a good track record in mooting sort of
ticks all the boxes that lawyers/law firms look out for in a prospective
 candidate A prior mooting history further reflects a participant's inclination
towards academic pursuits and demonstrates that he has spent his time
fruitfully in the college. Further, a student can build a great CV by strategically
choosing moots competitions in the area of law she wishes to work in future.
The choice of his moot court competitions will provide a fillip to his
professional endeavours in the field.
7. Litigation experience- Mooting is the closest real world courtroom experience
that you can have as a student. It equips you with crucial advocacy skills which
can help you not just in your endeavours in a competition, but also in your
lawyering life.
8. Networking and Internship Opportunities- Many moot court competitions
are organized by law firms, or have good litigators, judges, corporate Lawyers
as their judges. If you do well in a moot court competitions, your performance
can translate into internship offers. Go up to a judge, introduce yourself
formally, and get into an intelligent conversation.

ARGUMENTATIVE SKILLS

Definition: Argumentation is a very logical way of discussing or debating an idea.

When we use this technique of argumentation, we prove something to be true or false.

Argumentation uses logic, persuasion and various debates tactics to arrive at a

conclusion. When a debater/ lawyer or negotiator follows the rules of argumentation,
he/she backs up the ideas with very systematic, careful reasoning that makes his/her
conclusion strong and believable. From the 15th century, argumentation has meant
“presentation of formal oral arguments,” from the Latin root argumentationem,
“the bring forth of a proof.”

Argumentation is a course of reasoning aimed at demonstrating a truth or falsehood

i.e., a process of logical reasoning.
Argument concerns itself with neither fact nor taste, but with that vast middle territory
of statements that are more or less probable. An arguable statement can evoke degrees
of adherence, and its grounds of support do not depend on the individual who holds
them.

THE FOUR ESSENTIALS

Every argument has four essential elements:

1. A thesis statement, a claim, a proposition to be supported, which deals with a matter

of probability, not a fact or a matter of opinion.

2. An audience to be convinced of the thesis statement.

3. Exigence: the need to make an argument at a certain time, in a circumstance, or for

a purpose.

4. Grounds, reasons, or, as they are sometimes formally called, premises that support
the thesis.

Thesis Statement: Every argument, no matter how complicated, has a single,

overriding thesis. That thesis may be qualified, elaborated, complicated, or hedged all
around, yet the arguer must always be able to answer the "What is your point?"... All
arguments can be summed upon a single statement that the whole discourse is
designed to support… Whether the unit of argument is a paragraph or a book, that
basic element, the thesis statement, must be discoverable.

Audience: An argument needs a human audience to convince. … The particular

audience of an argument influences how you argue--coolly or with passion, tentatively
or with strong conviction, elliptically or in great detail. … Thus, different audiences
require significant differences in the support, organization, and working of your
argument.
Exigence: In order for a real argument to occur there must be some forum and
occasion, like a town meeting, some push in the time and circumstances and some
purpose for making claims and supporting them. The combination of all these factors
has been called the exigence. .... To compensate for [the often] inherent disconnection
from its audience, a written argument must frequently create its own exigence.

Support: also called premise(s). Support is the reason(s) for an audience to be

convinced of the thesis statement. You should follow the thesis with at least one
reason or "because" statement. You may make much longer arguments by introducing
more supporting statements for the thesis or by supporting the supporting statements
themselves, but at least one premise, one statement that gives the audience a reason to
adhere to the thesis, is necessary. An unspoken premise is called an "assumption."
Assumptions are common ground, shared preconceptions and beliefs of arguer and
audiences.

The five main elements in broad elements of argumentation are reason; evidence;
warrant; acknowledgement and response.

NEED OF ARGUMENTATIVE SKILLS

Arguments have two main purposes that are as follows:

1. Change people’s (opponent party and judge) point of view or persuade them to
accept new points of view.
2. Persuade people (opponent party and judge) to a particular action or new
behaviour.
The main reason is because people don’t always agree on what is right or reasonable,
appropriately constructed argument helps us arrive at what is fair or true. It is used to
settle disputes and discover truth. Instructors assign argumentative writing so students
can learn to examine their own and other’s ideas in a careful, methodical way.
Argument teaches us how to evaluate conflicting claims and judge evidence and
methods of investigation. Argument helps us learn to clarify our thoughts and
articulate them honestly and accurately and to consider the ideas of others in a
respectful and critical manner.

Summing up it all, “The purpose of argument is to change people’s point of view

or to persuade people to a particular action or behaviour.”

DO’S AND DON’T OF ARGUMENTATIVE SKILLS

DO’S:

1. Stay calm. Even if you get passionate about your point you must stay cool and
in command of your emotions. If you lose your temper – you lose.
2. Use facts as evidence for your position. Facts are hard to refute so gather
some pertinent data before the argument starts. Surveys, statistics, quotes from
relevant people and results are useful arguments to deploy in support of your
case.
3. Ask questions. If you can ask the right questions you can stay in control of the
discussion and make your opponent scramble for answers. You can ask
questions that challenge his point, ‘What evidence do you have for that claim?’
You can ask hypothetical questions that extrapolate a trend and give your
opponent a difficulty, ‘What would happen if every nation did that?’ Another
useful type of question is one that calmly provokes your foe, ‘What is about
this that makes you so angry?’
4. Use logic. Show how one idea follows another. Build your case and use logic
to undermine your opponent.
5. Appeal to higher values. As well as logic you can use a little emotion by
appealing to worthy motives that are hard to disagree with, ‘Shouldn’t we all be
working to make the world better and safer for our children?’
6. Listen carefully. Many people are so focused on what they are going to say
that they ignore their opponent and assume his arguments. It is better to listen
 carefully. You will observe weaknesses and flaws in his position and
sometimes you will hear something new and informative!
7. Be prepared to concede a good point. Don’t argue every point for the sake of
it. If your adversary makes a valid point then agree but outweigh it with a
different argument. This makes you looked reasonable. ‘I agree with you that
prison does not reform prisoners. That is generally true but prison still acts
effectively as a deterrent and a punishment.’
8. Study your opponent. Know their strengths, weaknesses, beliefs and values.
You can appeal to their higher values. You can exploit their weaknesses by
turning their arguments back on them.
9. Look for a win-win. Be open-minded to a compromise position that
accommodates your main points and some of your opponent’s. You cannot
both win in a boxing match but you can both win in a negotiation.

DON’T:

1. Get personal. Direct attacks on your opponent’s lifestyle, integrity or honesty

should be avoided. Attack the issue not the person. If the other party attacks
you then you can take the high ground e.g.’ I am surprised at you making
personal attacks like that. I think it would be better if we stuck to the main
issue here rather than maligning people.’
2. Get distracted. Your opponent may try to throw you off the scent by
introducing new and extraneous themes. You must be firm. ‘That is an entirely
different issue which I am happy to discuss later. For the moment let’s deal
with the major issue at hand.’
3. Water down your strong arguments with weak ones. If you have three
strong points and two weaker ones then it is probably best to just focus on the
strong. Make your points convincingly and ask for agreement. If you carry on
and use the weaker arguments then your opponent can rebut them and make
your overall case look weaker.
DEVELOPMENT OF ARGUMENTATIVE SKILLS

1. Don’t forget to remain calm at all times: There are not very many people in
the world that like to be yelled at. You can be sure of this. So, why do you do
it? It is important to try to not get upset and always maintain a relaxed attitude
in a supportive environment, You have to remember at all times than an
argument a contrast between to points of view.
2. Arguing well is the same as building or creating.
3. Imposition is completely the opposite of arguing: The conversation
should always be governed by understanding or mutual agreement.
4. Active listening is necessary to any discussion: As it helps one to. Be
much more productive to understand other points of view and to be able
to contrast them with your own.
5. Forgiveness and apologizing are the perfect tools to a good
argument.

TIPS TO BE KEPT IN MIND WHILE ARGUING

• BE ASSERTIVE
. • ASSERT, BUT WITH DUE RESPECT

• ENGAGE WITH JUDGES

. • JUDGE THE JUDGE

• COVER ALL POINTS

. • RESPOND TO THE PROBABLE COUNTERS
1. Be Assertive: While making your submissions be assertive and confident. It is
also to be noted that words like might, could, would be etc. go against your
case and show that you are not confident about your claim yourself. And
always be sure of what you argue, because if you are not sure, then how can the
court be??
2. Assert but with due respect: Your arguments as mentioned have to be
assertive but there is a thin fine line between strong, respectful submissions and
dis-respectful, emotive submissions. A speaker should definitely keep in mind
that the court and only the court has the power to grant the relief, and for
which, being respectful is important.
3. Engage with the Judges: It is your duty to keep the judges engaged. An
example of which is as follows: "My Lords. I would like to ask myself a
question at this juncture, when my client, the accused, has an alibi of being at a
different place than the place of incident at the time when such crime was
committed, how can the prosecution rope in an innocent man and make such
grave allegations? Further doesn't this go on to prove that not only is my client
innocent but also the fact the investigation agency has not done its work
properly?
By posing such questions, you will be making the judges think, and half of the
battle would be won. They will then scrutinize the submissions of the other side
accordingly and appreciate your submissions in a better way.
4. Judge the Judge: While making your submissions, it is expedient to note as to
how the judges are responding to your argument. When the judge does not
seem to be inclined towards your submissions, it is a cue for you to move on to
the next submission. Sticking to the same submission will be counter-
productive both in terms of time and your marks.
5. Cover all points: More the arguments, more there is a chance of convincing a
judge to respond and decide in your favour. The notes which you make, allow
you to note all the points which need to be mentioned and it is crucial to
mention all the points during your submissions.
6. Respond to the probable counters during your submissions itself: The
beauty of a moot competition is that it makes you prepare for both sides.
However, during the course of arguments, you will be representing one side
only. Use the knowledge of the plausible arguments which would have been
made by the opposition and counter them during the submissions. Example:
"My Lords, the Respondents will be contending that my client committed the
crime. However, what has to be noted is that there is no toto of evidence to
bind the circumstantial evidence in a chain so inextricably connected to form a
belief of my client committing the crime. During the course of my arguments, I
will prove that the expert report which is the sole evidence, in no manner
proves the guilt of my client.”

By doing this one has: a) Weakened the case of your adversary by showing that
the respondent would be replying on a specific evidence; and b) That the
evidence so relied upon, does not have much material bearing. This would also
allow the judges to appreciate your arguments in a better manner and scrutinize
the opposite counsel's argument in a better manner in your favour.

IMPORTANT INCLUSIONS:

Use Punchy One Liners

Deliberately provoke
your adversary

Distract

Exaggerate your
opponent's position

Contradict Confidently
 1. Use punchy one-liners. You can sometimes throw your opponent out of his
stride by interjecting a confident, concise cliché. Here are some good ones:
 That begs the question.
 That is beside the point.
 You’re being defensive.
 Don’t compare apples and oranges.
 What are your parameters?
2. Deliberately provoke your adversary. Find something that makes them angry
and keep wheedling away on this point until they lose their temper and so the
argument.
3. Distract. Throw in diversions which deflect the other person from their main
point.
4. Exaggerate your opponent’s position. Take it way beyond its intended level
and then show how ridiculous and unreasonable the exaggerated position is.
5. Contradict confidently. Vigorously denounce each of your opponent’s
arguments as fallacious but just select one or two that you can defeat to prove
the point. Then assume that you have won.

TRICKS OF THE TRADES VIZ-A-VIZ ADVOCACY SKILLS

A moot competition is not won simply by great legal arguments but by

persuasiveness of the counsel. Your attempt is to show a good understanding
of the law, facts and strong advocacy. For good advocacy you have to practice
again and again, for the reason that practice makes a person perfect.

The aim of making an argument is to make it as effective and conducive as

possible. Once you have researched, drafted and prepared your arguments. All
one needs to do now is to persuade the court to decide in their client's favour.
 Comprehensive
Argument

Necessary
Eye Contact
Facts Only

Tone ,Tenor
and Voice
Modulation

Voice
Rebuttal Modulation

Never
Interrupt

1. Clear, Comprehensive Argument: The argument should be made in a

clear, and comprehensive terms with utmost sincerity and without any
exaggerated display of rhetoric and emotive contentions.
2. Necessary Facts Only: Do not address facts unless they are absolutely
necessary for your argument. Reserve and manage time for submissions
that matter.
3. Tone and Tenor of Speaker: While putting forth an argument, one
should be audible enough and speak with a pace which allows the court
to take note of your submissions.
4. Make eye contact: They say if you look into someone's eye while
saying something, it shows that you have nothing to hide from them.
Eye contact while making submissions is a must. It shows your
sincerity, dedication and commitment.
5. Voice modulation: Nani A. Palkhiwala, Ram B. Jethmalani, Harish
Salve are names you have surely heard of. Apart from being the best
legal minds, they also had one great-great quality, i.e. Voice
 Modulation. This quality goes a long way in persuading the judges and
feel connected to your argument.
6. Never cut off or interrupt the judge: While making your submission,
the judges will throw you off with their arguments and it is crucial to not
interrupt the judge. It is for the speaker to calmly understand the
question and assist the court with the answer. Interrupting the judge will
not only show disrespect but would also show that you're trying to be a
know-all person.
7. Use of gestures: Use of gestures forms an important part of your body
language. Coupled with proper voice modulation, it would allow you to
convey your point in an effective manner.
8. Rebuttal: Rebuttals are made after both the sides have argued their case
and this is an opportunity to render the opposite side's case ineffective.
The parties should during the course of the opposing counsel's
arguments, note down points which would be referred to during the
rebuttal. Since the time for rebuttal is minimal, the speaker should be
concise and to the point. One should hit where it hurts, i.e. the aim of
the rebuttal is to shake down the argument of the other side and ensure a
favourable outcome, for which it is expedient to crisply choose the point
which forms the backbone of their argument.
CONCLUSION

“Arguing Well Is Not The Same As Winning.”

In order to argue well you have to keep in mind that the situation never stops
being a conversation. It is not a competition let’s not forget the great phrase
uttered by the French writer Joseph Joubert, “The goal in any discussion
shouldn’t be triumphed, but progressed.” The participants can mutually
enrich themselves if there attitude in the argument is a positive and
constructive one. On the contrary, the positions held by the participants will be
ever more distant. Mutual benefits will turn into anger, impotence and rage.

Thus, never forget that arguing well doesn’t have to have negative aspects.
You can avoid this if the attitude with which you face this situation is the
appropriate one. With patience, understanding and a willingness to learn with
others and enrich your points of view, everything is much more convenient.