UNIVERSITY INSTITUTE OF LEGAL STUDIES

PANJAB UNIVERSITY
CHANDIGARH

MOOTING: ARGUMENTATIVE SKILLS, NEED

AND DEVELOPMENT

A Project report submitted on the above topic in the subject of Research

Methodology for partial fulfillment of the curriculum of the degree
B.Com.L.L.B.(Hons.)

SUBMITTED TO:
Dr. Gulshan Kumar
Professor, UILS,PU

SUBMITTED BY:
Mehar Patni
B.Com.L.L.B.(Hons.)
6th Semester
Section -D
233/19
 ACKNOWLEDGEMENT

Primarily I would like to thank my teacher, Prof. Gulshan Kumar, whose valuable guidance
has been the ones that helped me make this project and make it a success. His suggestions
and instructions have served as the major contributor towards the completion of the project.
I would also like to thank the Director, Dr. Rajinder Kaur for providing me with this
opportunity to work on this project.
Secondly, I would like to thank my parents and friends who have helped me with their
valuable suggestions and guidelines which have been helpful throughout the completion of
the project.
Lastly, I hope this project serves its purpose and is worthwhile to all the readers.

Mehar Patni

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 TABLE OF CONTENT

History of mooting……………………………………………………………..3
What is mooting…………………………………….………………………….3
Purpose of mooting…………………………………………………………..4-5
Benefits of mooting…………………………………….…………………….5-6
Qualities of a good mooter……………………………………………………..6
Argumentative skills …………………………………………..…………….6-7
How to find an argument………………………………………...……………..7
The four essentials of argument……………………………………...………7-8
General principles of argumentation………………………………………..8-10
Need for argumentative skills …………………………...……………....……10
Development of argumentative skills………………….………….…....….10-11
Do’s and don'ts during oral arguments ……………………………………11-12
Tips for good advocacy……………………………………………………12-13
Conclusion………………………………………………....…….………..13-14
Bibliography…………………………………………………………………..15

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HISTORY OF MOOTING:

The first instance of mooting in the world was noticed 500 years ago in ancient
medieval ‘inns of court’. It started as a training for young lawyers performing a series
of oral exercises in front of more experienced lawyers (called benchers) who acted as
judges in these exercises.
This way the students are familiarized with real world lawyering in terms of court
procedure , drafting submissions and delivering oral arguments.
The practice of mooting survived and evolved over half a millennia and is still used
as a teaching tool in universities around the world. It provides an arena to bring
leading law schools and universities together at mooting competitions which
promotes friendly and fierce rivalry and a great learning experience.
In India, mooting started when the Bar Council of India organized 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 has been followed in Indian Law Institutes.

WHAT IS MOOTING:

Mooting is the oral presentation of a legal issue or problem against an opposing

counsel and before a judge. It is perhaps the closest experience that a student can
have whilst at university to appearing in court.
The procedure imitates that followed in real courts: the judge (or panel) enters, the
mooters and the judge bow to each other, the clerk announces the matter, the mooters
give their appearances and are then called on in turn to present their submissions, the
judge asks questions of the mooters, the court adjourns, and the judge then returns to
deliver a brief judgment and some feedback.
Mooting is about developing your capacity to argue persuasively and convincing
listeners to accept your particular position or point of view. It is not just your ability
to argue, you also need to demonstrate a good understanding of the relevant law and
how it should be applied.
Whilst most people think of moots as an oral competition, they almost always
involve a written component where competitors are required to prepare and submit a
‘memorial’ outlining their case prior to arguing it verbally in the moot court. The
research and writing involved in preparing the written memorials are a crucial
element of success in mooting competitions

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THE PURPOSE OF MOOTING:

The main purpose of mooting is to establish a good overview by the students of law
and enhance the legal skills. Mooting is a concept where there is a mooting
proposition which is related to any law related subject which is given to all the teams
in advance so that they can prepare for that in the form of a memorial which tests and
helps them in their researching skills and sticks to the deadlines. It teaches the
students how to work under pressure with the goal to give productive output.
Mooting helps in understanding and developing and inculcating the capacity to argue
passively before the judge. Mooting helps in raising your chances to be get hired for
a job as well. As when you sit in a job interview the employer will look in your
resume that if you have done mooting before then, the chances of you being hired in
a company will be more as the employer will be willing to invest in you and train you
as he wants higher productivity from skilled people. The purpose of mooting can also
be defined as follows:-
● Society Welfare: The society needs efficient lawyers, mainly judges and
advocates so that the society can benefit at large due to the pendency of the
cases in India. For the purpose to provide proficient individuals who are
perfect in their field is not an easy task, for the same purpose mooting is really
important to build such lawyers for the benefit the society at large, so that the
problem of pendency of cases can be solved in the near future because if there
will be efficient and good judges, the problem will be solved automatically.
● Practicing: The main purpose of mooting is that to make you practice before
actually becoming a professional and practicing in courtrooms about
everything. If you have years of practice then it is easier for one to make a lot
of clients because of his practice and knowledge one has gained in the field.
● Experience: An important part of every individual’s life from which it grows
is the experience he gains from the life that he gets and gaining experience
will help in any profession because it is the experience that matters when the
case or proposition is related to very controversial laws and topics and at that
time the experience helps him as how to go ahead in the case. This is done by
participating in different kind of moots by going to different cities meeting
new people from various law schools and interact with them will definitely
help you in understanding the law in a better way.
● Creative thinking: When one participates in different kinds of moot court
competitions in various places and colleges, there might arise situations that
you have to play with words and mould the case in your favor then there
comes the art of creative thinking which you are required to show and you
have to think on your feet as you cannot be prepared for everything, as moot

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 court is a place where you have to expect the unexpected. Thus, it will also
help you to enhance your thinking in a better way.
● Motivation : Lastly, students who participate for the first time in this kind of
activity not only get the exposure but also the motivation to take part in a
more comprehensive way and in other competitions and moots as well. These
kinds of Mooting competitions boosts up the morale of the students and helps
them to talk passively and hence put forth their ideas in front of anybody if
earlier they were hesitant to do so

BENEFITS OF MOOTING:

A law student once in their life should opt for mooting. It has a wide array of benefits
which help students grow into future lawyers. Some of them are as follows:
● Engagement: It enables students to think and engage about legal issues
● Research & writing skills:Students can enhance their advocacy, legal
research, and writing skills
● Team work: Students get to work closely with their peers and learn from
them. The team comprises 3 students out of which one is researcher and other
two are speakers presenting arguments on either side.
● Building confidence: This helps an individual build their confidence in
communicating and putting their views out in front of people.
● Networking: One gets to socialise with so many people across the globe with
whom they connect with in the process of mooting. It helps them in building
networks.
● Creative thinking: One requires creative thinking and a way with words to
show they can think on their feet. Moot court helps in building this skill.
● Diverse perspective: Mooting teaches a person a holistic view of the problem
in hand and evaluates the strength and weakness of the case. Moot court helps
in interpretation and reinterpretation of the same provision of law to suit both
sides in a case.
● Learning beyond the classroom: The real practice of law cannot be served
with bare provisions of law and plethora of cases that are taught in the
confines of the classroom. Mooting helps in bridging the gap between
classroom learning and real world application.
● Personality development: self esteem, self awareness and consciousness
develops bring out a positive change in the personal development of the
mooter.

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 ● Communication skills: mooting helps in developing the communication
skills of mooter. This is one of the most necessary skills required in a lawyer
in the current day scenario.

QUALITIES OF A GOOD MOOTER.

● Well versed: You must know your case well and when presenting your case
before the judge you should be very particular about your behavior and must
be aware of all the facts of the case. You should be well versed about the case
and not read off your notes instead read prior to the case.
● Make pointers to cover each aspect: Make a small list of all the points that
you want to present in your case so that no point is left and it is easier than the
judge is convinced.
● Interactive session: One should always try to have fun and a good interactive
session with the judge as it will boost your morale and the judge will also take
more interest in listening to your case.
● Argue on facts: It is important that while presenting your case you should
argue upon the facts rather than the law or its present day interpretation.

ARGUMENTATIVE SKILLS:

Arguments are what make the crux of the case. If one fails in making a compelling
and persuasive argument, they will not be able to convince the judge and will make
them lose the case.
Argumentation is the methodical way of debating a certain idea. For framing an
argument regarding a legal issue, one needs in depth knowledge of subject matter.
Argument concerns itself with neither fact nor taste, but with that vast middle
territory of statements that are more or less probable
Kuhn and Crowell defined some minimal standards for competent argumentation
about complex issues:
• Using evidence to support the thought process.
• Figuring out the pros and cons of the different positions on an issue.
• Weighing those positives and negatives to reach a conclusion.
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. The purpose or the need of argument is to change
people’s point of view or to persuade people to a particular action or behavior

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HOW TO FIND AN ARGUMENT?

● Identify the legal issue: Firstly, before framing arguments what you need to
do is that you have to identify the legal issues. The issues around which the
subject matter of your case revolves are legal issues.
● Applying the law: Then, you need to apply the law to the facts of the case.
Secondly, you need to see what section of a particular legislation applies to
your case.
● Read up commentaries: Thirdly, read up commentaries on that section for a
clear and better understanding. You will also find arguments with legal
backing from various precedents given by the Courts there. In this arena of
finding arguments, reading matters a lot. If you want to find good arguments
for your case, you’ll need to have that particular skill-set through which you
would apply your research to the facts of the case. You shall be able to make
compelling arguments after doing so.
● Form a structure: And, lastly, it depends upon you as to how you can
structure the arguments to bring out the decision of the case in your favour.
Certain arguments are fact related as there might be certain facts in the case
which you could use to make your argument sound more persuasive

THE FOUR ESSENTIALS OF ARGUMENT:

Every argument comes down to these four essential elements:

● 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. 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]

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 inherent disconnection from its audience, a written argument must frequently
contribute to 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 the arguer and audiences.

GENERAL PRINCIPLES OF ARGUMENTATION:

● Be sure that the court has jurisdiction: Nothing is accomplished by trying

to persuade someone who lacks the authority to do what you’re asking –
whether it’s a hotel clerk with no discretion to adjust your bill or a receptionist
who cannot bind the company to the contract you propose. Persuasion directed
to an inappropriate audience is ineffective. So it is with judges, whose
authority to act has many limitations – jurisdictional limits – relating to
geography, citizenship of the parties, monetary amount, and subject matter.
From justices of the peace to justices of supreme courts, judges face as a first
task to be sure of their authority to decide the matters brought before them and
to issue the orders requested. If they don’t have that authority in your case,
you don’t just have a weak case, you have no case at all. Most weak points in
your case will be noted by opposing counsel, giving you a chance to reflect on
them and respond. If opposing counsel does not protest a particular point, the
defect will often be regarded as waived. But a defect in subject matter
jurisdiction is a different matter altogether
● Know your audience: A good lawyer tries to learn as much as possible about
the judge who will decide the case. The most important information, of
course, concerns the judge’s judicial philosophy – what it is that leads this
particular judge to draw conclusions. Primarily text, or primarily policy? Is the
judge strict or lax on stare decisis? Does the judge love or abhor references to
legislative history? The best place to get answers to such questions is from the
horse’s mouth: read the judges opinions, particularly those dealing with
matters relevant to your case. Also read the judges articles and speeches on
relevant subjects. Besides judicial philosophy, learn all you can about how the
judge runs the courtroom. Is the judge unusually impatient? If so, you might
want to pare down your arguments to make them especially terse and pointed

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● Know your case: Judges listen to counsel because, at the time of briefing or
argument, counsel can be expected to know more about the legal and factual
aspects of the case than anyone else. But if it becomes clear that this is not so,
judicial attention will flag. • If you’re asked about a fact in the record that
you’re ignorant of, or a clearly relevant case that you’re unfamiliar with and
have failed to mention in your brief, don’t expect the court to give your
argument much weight. Your very first assignment, therefore, is to become an
expert on the facts and the law of your case. If you’re a senior partner who
hasn’t the time to do this, assign the case to the junior partner or associate who
knows it best.
● Know your adversary’s case:No general engages the enemy without a battle
plan based in large part on what the enemy is expected to do. Your case must
take into account the points the other side is likely to make. You must have a
clear notion of which ones can be swallowed (accepted but shown to be
irrelevant) and which must be vigorously countered on the merits • If your
brief and argument come first, you must decide which of your adversary’s
points are so significant that they must be addressed in your opening
presentation and which ones can be left to your reply brief or oral rebuttal. Of
course, a principal brief or argument that is all rebuttal is anathema
● Never overstate your case: Once you have worked long and hard on your
case – and have decided not to settle – you’ll probably be utterly convinced
that your side is right. That is as it should be. But the judges haven’t worked
on the case as long (or, probably, as hard) and are likely, initially at least, to
think it much more of a horse race than you do. Accuracy consists not merely
in never making a statement you know to be incorrect (that is mere honesty),
but also in never making a statement you are not certain is correct.
Inaccuracies can result from either deliberate misstatement or carelessness.
Either way, the advocate suffers a grave loss of credibility from which it’s
difficult to recover.
● Lead with strongest arguments: When logic permits, put your winning
argument up front in your affirmative case. Why? Because first impressions
are indelible. Because when the first taste is bad, one is not eager to drink
further. Because judicial attention will be highest at the outset. Because in oral
argument, judges’ questioning may prevent you from ever getting beyond your
first point.
● Communicate clearly:In an adversary system, it’s your job to present clearly
the law and the facts favoring your side of the case – it isn’t the judges’ job to
piece the elements together from a wordy and confusing brief or argument.
Quite often, judges won’t take the trouble to make up for your deficiency,
having neither the time nor the patience. The judges considering your case

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 have many other cases in hand. They are an impatient, unforgiving audience
with no desire to spend more time on your case than is necessary to get the
right result. Never, never waste the court’s time

NEED OF ARGUMENTATIVE SKILLS:

Argumentative skills 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
behavior.

The main reason is because people don’t always agree on what is right or reasonable,
an 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 it all up, “The purpose of argument is to
change people’s point of view or to persuade people to a particular action or
behavior”.

DEVELOPMENT OF ARGUMENTATIVE SKILLS :

● Remain calm: 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 that an argument is a contrast
between two points of view.
● Arguing well is the same as building or creating point of view: arguing
well with precedents and references along with detailed implication of law
will lead to creating a clear point of view which further would help in keeping
the judge and the opposite party on the same page as the arguer.
● Imposition is the opposite of arguing: The conversation should always be
governed by understanding or mutual agreement.

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 ● 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.
● Forgiveness and apologizing are the perfect tools to a good argument: in
this context it should be noted this is done with context to getting a fact wrong
and not apologizing to the other party. Apologizing to the other party implies
that they are admitting their guilt. It is considered polite to apologize for
getting a fact wrong.

DOs AND DONTs DURING ORAL ARGUMENTS :

There is not much point in having brilliant ideas if we cannot persuade people of
their value. Persuasive debaters can win arguments using the force of their reason and
by the skillful deployment of many handy techniques. So how to win an argument?
Here are some general dos and don’ts to help you win arguments together with some
sneaky tactics to be aware of.

● 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.
● Use facts as evidence- 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.
● 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?’
● Use logic. Show how one idea follows another. Build your case and use logic
to undermine your opponent.
● 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?’
● 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!

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 ● 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 look 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.’
● 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.
● 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 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.’
● Don't 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.’
● Avoid Watering 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.
● Don’t be afraid to engage-If a judge starts to interact with you from the
bench, there’s no need to panic. Engage with the judge as it shows confidence
in the mooter.

TIPS FOR GOOD ADVOCACY

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 favor. 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.

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 ● Clear, Comprehensive Argument: The argument should be made in clear,
and comprehensive terms with utmost sincerity and without any exaggerated
display of rhetoric and emotive contentions.
● Necessary Facts Only: Do not address facts unless they are absolutely
necessary for your argument. Reserve and manage time for submissions that
matter.
● 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.
● 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
● 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 feeling connected to your argument.
● 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.
● 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.
● 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 favorable outcome, for which it is expedient to
crisply choose the point which forms the backbone of their argument

CONCLUSION:

It would not be wrong to say that a good mooter would be a good future lawyer.
Being a good mooter requires all the skills and abilities which ultimately have to be
possessed by a lawyer too. Hence, it can be concluded that mooting helps to develop

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the required skills and abilities which ultimately have to be possessed by a lawyer
too. Hence, it can be concluded that mooting helps to develop the required skills and
ultimately it helps to bring a lawyer out of a mooter who is ready to face all the
challenges in the court of law.
I believe that mooting is one of the essential parts for a law student to get the
proficiency in this field and one must do different kinds of mooting as the amount of
exposure it gives to the students is tremendous plus the knowledge and experience
gained by the students is also quite helpful as it will help them in the future when
they will become lawyers and Judges of High Court and Supreme Court and will
deliver justice. So, these kinds of mooting activities help a student to grow as an
individual and also motivate them to come up and show their skills.

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 BIBLIOGRAPHY

Myneni, S.R. “Legal Research Methodology” (2012), Faridabad Law Agency

S.N. Jain, Legal Research and Methodology, 14 Jr. of Ind. L. Inst. 487 (1990)

Graham Kerr, Mark McAuley, David Kerr, and Gavin Ward:

https://www.youblawg.com/law-school/ultimate-guide-to-mooting

Sanjana Tripathi on ‘why mooting matters’ ;

https://blog.ipleaders.in/mooting-courses-law-students/

Shraileen Kaur on ‘mooting skills and why they are important’:

https://www.vaidhalegal.com/post/mooting-skills-required-by-the-student

Paul Sloane on ‘How to win an Argument’:

How to Win an Argument - Dos, Don'ts and Sneaky Tactics - Lifehack

https://srcd.onlinelibrary.wiley.com/doi/abs/10.1111/1467-8624.00605

Mooting: What Is It and Why Take Part? | Oxford Law Faculty

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