Tag: court

Mooting: Exploring Its Definition and Relevance in Law Schools

Law

June 2, 2023
/ Leave a Comment on Mooting: Exploring Its Definition and Relevance in Law Schools

6 min
7 months
1,137 word

Tagged Competition, court, moot court, mooting, oral advocacy

Mooting: Exploring Its Definition and Relevance in Law Schools

Mooting is an oral proceeding, similar to a court proceeding, commonly practiced in institutions and universities where law is taught. It assesses students’ ability to argue legal cases effectively. Students assume the roles of advocates, presenting arguments for both the plaintiff and the defendant based on evidence and legal principles. They engage in legal discourse, aiming to prove their points before a judge who renders a judgment and declares a winner.

Introduction to Mooting

In the field of law, “mooting” refers to a simulated oral proceeding or mock trial that enables law students and professionals to argue hypothetical legal cases. Mooting helps participants refine their advocacy skills, enhance legal reasoning and research capabilities, and gain practical courtroom experience. It involves presenting persuasive arguments, analyzing complex legal issues, and effectively responding to judges’ inquiries in a structured and formal environment resembling an actual court setting. Mooting plays a crucial role in legal education, providing individuals with valuable opportunities to hone their skills as aspiring lawyers.

The judge may question the students on facts or legal concepts to evaluate their aptitude and adaptability. Previously, mooting was not a subject in law courses. However, due to the global demand for competent lawyers, universities have added “Moot Court” as a subject to groom students and prepare them for their legal careers.

Mooting plays a crucial role in a student’s legal education by providing a practical courtroom experience. It closely simulates real courtroom dynamics, allowing students to familiarize themselves with courtroom procedures, policies, as well as habits. So, moot court exercises help students develop skills in research, analysis, oral advocacy, and understanding of the legal system.

Moot court competitions are organized worldwide, facilitating interactions among students from different countries. These competitions offer opportunities for students to explore various dimensions of mooting and establish networks with peers from around the globe.

History of Moot Courts

The concept of moot courts emerged in 2012 through the collaboration of Essex Court Chambers and the Singapore Academy of Law. It aimed to provide practical and logical knowledge and implementation of the law to future lawyers. Moot courts replicate real courtrooms, allowing law students to act as professionals and assume responsibilities according to their roles. Through moot court exercises, students are groomed to become proficient lawyers and gain practical knowledge and skills.

Components of Moot Court

The components of a moot court include:

judges,
a moot proposition (legal problem),
representatives of the parties (counsel or team members), and
court clerks.

Relevance of Mooting in Law School

The relevance of mooting in law school is paramount for law students due to its numerous benefits:

A) Networking and Exposure: Mooting offers networking opportunities, facilitating students in establishing connections with peers as well as faculty.

D) Practical Knowledge: Mooting imparts practical knowledge and implications of the law that textbooks may not cover. It bridges the gap between theoretical and practical understanding.

E) Teamwork and Collaboration: Moot court competitions foster teamwork and cooperation, crucial skills for future legal professionals.

F) Courtroom Experience: Mooting provides students with valuable courtroom exposure. Familiarizing them with protocols and boosting their confidence in presenting cases.

G) Competitive Environment: Mooting cultivates a competitive spirit, motivating students to excel and receive constructive feedback for improvement.

H) Application of Legal Theory: Mooting bridges the gap between theoretical knowledge and practical application, showcasing how legal principles are argued and interpreted in real-world scenarios.

I) Oral Advocacy: Mooting hones students’ oral advocacy skills, allowing them to present compelling arguments and respond adeptly to challenging questions.

By embracing mooting, law students acquire practical experience, refine their skills, and become better prepared for the challenges of the legal field. It nurtures critical thinking, persuasive advocacy, and effective application of legal principles, contributing to their overall growth as future lawyers.

Difference between Moot Court and Court

The primary difference between moot court and a real court lies in their nature and purpose.

Moot Court: Moot court refers to a simulated or mock court proceeding conducted in educational institutions, such as law schools. It serves as a training ground for law students to practice and enhance their advocacy skills in a controlled environment. Moot court exercises involve hypothetical cases and allow students to argue before judges, presenting their legal arguments and analyzing complex issues. The purpose of moot court is to provide practical experience, improve legal knowledge, and develop courtroom skills.
Real Court: A real court, on the other hand, refers to the official legal system where legal disputes are adjudicated and decisions are made by judges or juries. Real courts handle actual cases involving real parties and real legal issues. The primary purpose of a real court is to administer justice, interpret as well as apply the law, and resolve disputes between parties based on legal principles and evidence presented.

In summary, moot court is a simulated setting in educational institutions where students practice their advocacy skills using hypothetical cases, while a real court is a formal legal institution that deals with actual legal cases and applies the law to resolve disputes in the justice system.

A Comparative Overview

Moot court and a real court have distinct characteristics that set them apart:

Binding Decisions: In a real court, decisions are legally binding and have consequences for the parties involved. Moot court decisions, however, are not legally binding and do not carry real-world implications.
Procedural Formalities: Real courts strictly adhere to procedural rules and legal protocols, ensuring fairness and due process. Moot court proceedings may have simplified or modified procedures to focus on specific advocacy skills, offering more flexibility.
Legal Authority: Real courts derive their authority from the law and the legal system, while moot courts lack legal authority and primarily serve as educational exercises.
Professionalism: Both real courts and moot courts expect professionalism from participants. However, real courts demand a higher level of professionalism due to the gravity and real-world impact of the cases.

It is important to recognize that while moot court provides valuable training for aspiring legal professionals, it cannot replace the significance of real court proceedings and their role in the administration of justice.

Conclusion to Mooting

In conclusion, mooting holds immense significance in law schools, playing a pivotal role in legal education. It empowers students to develop practical skills, enhance advocacy abilities, and gain valuable courtroom experience. By actively participating in mooting, students sharpen research and writing skills, refine oral advocacy techniques, and familiarize themselves with courtroom procedures. The competitive and collaborative nature of moot court competitions fosters personal growth, boosts confidence, and cultivates professionalism among law students. Additionally, mooting facilitates networking, exposes students to diverse perspectives, and bridges the gap between theory and practice. In essence, the relevance of mooting in law schools is undeniable. Equipping students to thrive in the legal profession and emerge as well-rounded champions of justice.

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Perarivalan: Judicial course that calls for introspection

News

June 14, 2022
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3 min
2 years
411 words

Tagged Constitution, court, Judicial Course, Perarivalan, prime minister

Perarivalan: Judicial course that calls for introspection

Thirty-one years after his arrest in connection with former Prime Minister Rajiv Gandhi’s assassination, the Supreme Court (SC) on 18 May ordered the immediate release of life convict A.G. Perarivalan.

On a constitutional level, the verdict in ‘Perarivalan’ deserves a relook or review as it stands on wobbly foundations.

The recent decision of the Supreme Court of India in the case of A.G. Perarivalan and the Rajiv Gandhi Assassination Case has stirred up a hornet’s nest. For its constitutional righteousness and establishing its supremacy as the final arbiter of enforcing constitutional discipline.

The decision has been hailed by some major political parties as a blow for federalism.

Central Government Act

Article 161 of the Constitution of India, 1949 provides for the

161. Power of Governor to grant pardons, etc, and to suspend, remit or commute sentences in certain cases The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends

Court’s extraordinary route

The court has treated the extraordinary constitutional route under Article 142. The power to do ‘complete justice’, for grant of remission and consequent premature release.

The bench decided to exercise the power of grant of pardon, remission, exclusively conferred on the President of India and State Governors under Article 72 and Article 161.

In the teeth of foundational bedrock and cornerstone of separation of powers. Parliament/ Legislature, Executive and Judiciary, whether the course adopted by the bench to do expedient justice is constitutional calls for introspection.

Implication of ‘consultation’

If it is a simple case of being a Section 302 crime. The reason for finding fault with the governor’s decision to forward the recommendation to the president may be constitutionally correct.

It concluded that the executive of the state is competent to decide. The bench invoked Article 142 of the Constitution to usurp the power of the governor of state under Article 161.

Conclusion

Sometimes with many issues it will happen that the court’s decision is not completely according to our Constitution. We have to look at the issues before making any conclusion. These are momentous issues that are flagged on the exercise of the power of the remission under Article 142, by the Supreme Court in the present factual context.

Written By: Ashi Dubey

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Shopping Outlets Can’t Charge Extra For Carrybag: Deficiency In Service

News

May 31, 2022
/ Leave a Comment on Shopping Outlets Can’t Charge Extra For Carrybag: Deficiency In Service

3 min
2 years
457 words

Tagged branding, carrybag, Consumer, court, deficience in service

Shopping Outlets Can’t Charge Extra For Carrybag: Deficiency In Service

So the next time you go shopping, do remember that you do not pay for carrybag which have the personal branding of that shopping outlet or the company.

Do you want a carrybag, it would be chargeable?

You must have heard this from almost all the shopping outlets.

But these companies do not have the right to charge you with extra money for the carry bags. IF there have been any personal branding done on those carry bags. Although if there has been any sort of branding be it symbols, logo or slogan. Then they can charge an extra amount for those carry bags.

Recently the Consumer Redressal Court imposed different penalties on different companies or outlets. Including Big Bazar, D-Mart, Bata, etc. for charging extra money for the carry bags having their personal branding on them. It held it to be a “deficiency in service” on the part of those outlets.

Necessity of Carry Bags

The carry bags play an important role to transfer the product or goods purchased back home with the buyer. For instance, trays play an important role in carrying eggs, or a bottle to carry any liquid substance. It is the responsibility of the seller to make it easy for the buyer to carry any of the products purchased from its outlet. If not, it would amount to a deficiency in service.

However, making customers pay for the carry bags is admirable. Creates a necessity among the people to carry their own bags with them, the next time they go shopping. It helps in the reduction of waste and spreads awareness amongst the public about our problematic disposal systems. When they are asked to pay for the same, the intention is basically to encourage them to carry their bags. So that there is a reduction in the use of plastics as well as reuse of those bags.

The steps taken by the outlets are remarkable, but one needs to remember that if you are forcing us to pay for carrybag. You can not be plugging your own brand via those bags. These outlets not only gain profits from those carry bags by forcing the customer to pay for them. But even get free publicity through it, which isn’t right. If the bags we buy are generic in looks, i.e. it does not contain any kind of logos, symbols, or presentations. Paying for such generic bags is fine, but paying for the bags which can not be reused. Is just forcing the consumer to pay for something which amounts to a deficiency of service on their part.

So the next time you go shopping, do remember that you do not pay for carrybag which have the personal branding of that shopping outlet or the company.

Tell me in the comment section below any such instance which you have faced recently!!

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