Fifth Year B.A. LL.B. - Semester X
Fifth Year B.B.A. LL.B. - Semester X
Third Year LL.B. - Semester VI
LP 1004 Practical Training Paper IV - Moot Court Exercise and Internship :
Objectives of
the Course : This course consists the activities / exercises of (a) Moot
court exercises, (b) Observance of
trials, and (c) Pre-trial preparations. The objectives of the course is to
acquaint the students about – (a) court working and its procedure, (b)
application substantive and procedural law to given facts, (c) court manners
and discipline, (d) conversance with interview techniques and pre-trial
preparations, (e) developing skills of arguments and presentation, and (f)
learning skills of analysis and arrangement of facts.
Scheme of Marking :
Part A : Moot Court Exercises
(40 Marks), Observance of Trials (20 Marks) : 80 Marks and Pre-trial Preparations (20 Marks) Activities
Part B : Written Submissions (10 Marks) and Viva Voce
Examination : 20 Marks (10 Marks)
Part A : Activities / Exercises :
Activities Moot
Court Presentations :
01 to 04 1. A student shall prepare and present on Four Moot Courts on
problems assigned by the concerned teacher.
2. Guidelines
and Steps to Conduct Moot Courts by a Teacher -
a) Framing
/ selection of moot court problem
b) Identifying
the legal provisions applicable
c) Formation
of moot court teams
d) Guidance
to the students on - kinds of Courts and its jurisdiction (an overview), Court
procedures (an overview), Court manners and discipline, rules of written
submissions / memorials, rules of argument, modes of citation, use of library
and E-recourses, etc.
Note : The concerned teacher shall reserve few
lectures to guide the students on above matters or any other relevant matters
at his /her discretion.
3. Guidelines
and Rules of Oral Presentation by a Student -
a) Knowledge
of facts
b) Logic
and reasoning
c) Organization
and clarity
d) Persuasiveness
e) Deference
to the Court
f) Proper
and articulate analysis of the issues arising out of facts
g) Understanding
of the laws governing the case and other laws directly applicable to the issues
involved in the case
h) Ability
to explain clearly the legal principles
i) Knowledge
and use of legal resources
j) Originality
in analysis, presentation and written submissions
k) Ingenuity
- ability to argue by analogy on the
basis of relevant aspects of law
Note : The concerned teacher may prescribe few other
guidelines for the students at his / her discretion.
Activities Internship
- Observance of Trials :
05 & 06 1. A student shall attend, observe and take
notes on the Court proceedings in Two Cases - one civil and one criminal.
2. Guidelines for Observance of Trials :
a) To
begin internship and observance of trials
at the beginning of the academic year
b) Brief
date-wise report of the proceeding
c) Summary
of the following stages at the end of observation -
• Case
of the plaintiff or prosecution
• Case
of the defendant or accused
• Issues
or matters in controversy, or charges
• Provisions
of substantive law involved
• Provisions
of procedural law involved
• Brief
summary of examination of witnesses
• Brief
statement of important documents filed
• Summary
of arguments of parties, if any
• Summary
of Judgment or order passed, if any
Note : The concerned teacher may prescribe few other
guidelines for the students at his / her
discretion.
Activities Internship
- Pre-trial Preparations :
07 & 08 1. A student shall observe the interviewing sessions of client at
the office of
advocate or at the legal aid office in Two Cases -
one civil and one criminal.
2. Guidelines for Pre-trial Preparations -
a) To
begin internship and pre-trial preparations at the beginning of the academic
year
b) Observation
of interviewing sessions of client in the office of advocate or the legal aid
office
c) Observation
of Advice given to the client by the advocate or authority of legal aid office
d) Maintaining confidentiality of the parties
Note : The concerned teacher may prescribe few other
guidelines for the students at his / her
discretion.
Note :
1. The
activities under this course shall be conducted throughout the academic year
though the course is shown in last semester in a course component.
2. The
concerned teacher shall advice, guide and encourage the students to begin
internship at advocate's office for the purpose of pre-trial preparations and
observation of trials at the beginning of the academic year.
3. The
student shall complete the above-mentioned eight activities as per guidelines
given and each activity shall be assessed for 10 marks.
Part B : Contents of Written
Submissions (Journal) :
The Written Submissions (Journal) shall contain the
following three parts :
1. Moot
Court Exercises (Four) :
Written submissions (Memorial) on Moot Court shall
consist :
a) Table
of contents
b) Index
of authorities
c) Statement
of jurisdiction
d) Statement
of facts
e) Statement
of issues
f) Summary
of arguments
g) Arguments
advanced
h) Prayer
clause
2. Observance
of Trials (Two) :
Written submissions on Observance of Trials shall
consist :
a) Brief
date-wise report of the proceeding on -
• Case
of the plaintiff or prosecution
• Case
of the defendant or accused
• Issues
or matters in controversy, or charges
• Provisions
of substantive law involved
• Provisions
of procedural law involved
• Brief
summary of examination of witnesses
• Brief
statement of important documents filed
• Summary
of arguments of parties, if any
• Summary
of Judgment or order passed, if any
b) Attaching
certificate of supervising Advocate to the Written Submissions
3. Pre-trial
Preparations (Two) :
Written submissions on Pre-trial Preparations shall
consist : a) Date and time of interviewing session of client
b) Name
and address of party (student shall respect the confidentiality of the clients
and shall change the name, address or other facts that might identify clients)
c) Note
on interviewing session of client
d) Note
on advice given to the client by the advocate
e) Attaching
certificate of supervising Advocate or supervising authority to the Written
Submissions
Note : The
concerned teacher may prescribe few other guidelines, with respect to written
submissions on above-mentioned activities, at his / her discretion.
Recommended Readings :
1. Nomita
Aggarwal, A Beginner’s Path to Moot Court,
Universal Law Publishing, 2014.
2. Abhinandan
Malik, Moot Courts and Mooting,
Eastern Book Company, 2017.
3. Kailash
Rai, Moot Court (Pre-Trial Preparation
and Participation in Trial Proceedings), 5th ed, Cantral Law Agency, 2015.
4. K
L Bhatia, Moot Court and Mock Trial - Art
to and Art of Advocacy: Essentials of Court Craft, Universal Law
Publishing, 2013.
5. K
Evans, Language of Advocacy, 1st
Indian Reprint, Universal Law Publishing, 2000.
6. J
Hill, Practical Guide to Mooting, 1st
Indian Reprint, Palgrave Macmillan, 2009.
7. J
Snape and G Watt, How to Moot - a Student
Guide to Mooting, Oxford University Press, 2005.
8. B
Malik, Art of a Lawyer - Cross
Examination, Advocacy, Courtmanship, Universal Law Publishing, 2014.
9. D
Pope and D Hill, Mooting and Advocacy
Skills, 1st South Asian edn, Sweet & Maxwells, 2014.
Note for Syllabus of all Subjects :
1. The students are advised to refer latest editions of the books / readings recommended. The list of recommended readings is given for the general information and understanding of the students. However, students are advised to refer any other standard book or other material available. In case student finds no recommended readings for any topic of the syllabus, the students may refer any standard book or other material available. The students are also advised to refer E-Resources.
2. The students shall also refer and study the latest amendments in the concerned law. Such amendment in law shall become a part of a syllabus of concerned subject and shall be operative with effect from the academic year immediately next to the academic year in which amendment in the concerned law becomes operative.
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