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Oral Submissions Presentation

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    4/23/2012 Moot Court Training ProgramSymbiosis Law School 1

    Moot Court Training ProgramOral Arguments

    Symbiosis Law School, Noida

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    An Overview

    An Overview

    1. Materials to be carried and the posture

    2. How to address the court

    3. Dealing with questions

    4. Quoting and Summarizing

    5. Rebuttal

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    PART-1: What to bring with you to thepodium . . .

    1. A copy of thememorial

    2. memorial notesand importance of keycases

    3. Statutes

    No casebooks,mobiles

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    Posture

    Uniform

    Keep your feet on thefloor and your hands

    mostly on the podium.

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    PART-2 Addressing: What to say first . . .

    May it please this Honble Court much obliged I am appearing on behalf of [Petitioner or Respondent] in the matter of X v. Y. I would be taking a total of 12 minutes of this courts precious time out of which I

    would like to reserve 30s/1min for a rebuttal/sur-rebuttal Then you start arguing . . .

    If your lordship/honour is well-versed with the facts and the jurisdiction clause,may I may now move on to the Issues ---Main body--- ---1st issue--- State the issue and start with it is humbly contended that.. the issue is divided into ___ sub-issues if your lordship/honour has no further queries may I now move on to the next

    issue[prayer] ---2nd issue/prayer

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    Court Address

    Always address the court in thethird person. The judge is always

    "my Lord." When addressing thejudge, the word "you" is not used -it is instead "yourLordship/honour.

    For instance:

    "My Lord, if I may now deal withthe point your lordship raised

    earlier."

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    If the judge is female, "My Lady" and"Your Ladyship.

    Alternatively, ask before the start of themoot if she wishes to be addressedLordship

    E.g. If it may please your ladyship, may

    the counsel for the respondent addressyour good self as your lordship?

    "If it pleases your Lordship" or Much

    obliged, My Lord."

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    Opponents

    Do not refer to your opponents by name,but as "My Learned Friend/ counsel forthe appellant/respondent."

    Do not give the court your opinions orbeliefs on the law. Give the court your"submission."

    For example:

    "I submit that the law is X...."

    Do not say "I think that that law is X...."

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    PART-3: Preparing for questions . . .

    Be prepared for aquestion before you finishsummarizing yourarguments

    If youre interrupted, stoptalking and listencarefully to the question

    Answer the questionposeddont try toevade it

    If unclear about thequestion, politely ask Ibeg your pardon yourlordship

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    When you dont know an answer . . .

    Never Fake an answer.

    Try to put forward what you know before you concedeto your ignorance of the point in question.

    Being caught misleading the court is worse than

    pleading ignorance.

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    Interacting with the judges . . .

    Dont fight the hypothetical

    Minimize the brown-nosingdont tellthem they just asked a good question

    Have a conversationwith the judges

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    Transitioning

    After you finishanswering a question,transition back to your

    main pointDo not stop and wait

    for another question

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    PART-4: Concluding/summarizing . . .

    When youre down to half aminute left, or have just exceededyour time, ask for a moment toconclude

    State in one sentence what youwant the court to do and why

    If you left out a key point in your

    argument,

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    Quoting/ Referring to the Memorial

    Do not start to quote until you can see thatthe judge has found the exact place in thereport.

    When citing a case, it is often advisable tooffer to acquaint the judge with the facts ofthe case.

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    Practice

    It is not a wise idea to have yoursubmissions up to the full time limit.

    Perhaps you should practice yoursubmissions out loud to your friends.

    You can also time yourself this way.

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    GOOD LUCK!

    from the

    Moot Court Society


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