WHY IS MOOTING IMPORTANT?
Md. Shawkat Alam Faisal:
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 Councilors (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. Mooting was earlier not practised as a subject by the universities in the law courses but now due to the scope and requirements of lawyers around the globe mooting in the form of “Moot Court” as a subject has been added to the curriculum of the students so that they get prepared and groomed in a proper manner as a lawyer before they complete their degree.
For a student who is going to become a lawyer in the near future, mooting is very important as an integral part of his education because it will help him and make his work easy and present in a real courtroom. It is the closest experience a student can get of a courtroom by studying in a university or college. Mooting is an exercise which helps a law student inculcate all the habits and understand all the policies and procedures that are followed in a court so as to prepare him for his future. For the same purpose, Moot Court Competitions are organized around the world so that different students from across the globe can come in contact with other to understand each and every dimension of the concept of mooting.
1.2 CONCEPT OF MOOT COURTS
In the earlier times, there was no concept of moot court and mooting when the law was taught in colleges etc. But due to the growing need and the development and advancement in the field of law and various interpretations as to the law was made the concept of moot court was started in the year 2012 by the joint operations of Essex Court Chambers and the Singapore Academy of law, so that the students who will become the backbone of the future law should have the practical and logical knowledge and implementation of law so that it should be easy as to when they start their career it is not difficult for them.
Moot Court basically means a replica of a real court where legal proceedings and trials take place and thus it is also known as a Mock Court where students who are studying law act as professional and take up all the responsibilities and duties according to their role to see their ability to think creatively and answer convincingly when questioned and show their oratory, writing and persuasive skills.
Moot Court is a way a student is groomed as a proper lawyer. It is one of the modern methods of giving practical knowledge to the students by putting them in a hypothetical situation similar to that of a real court and then the two teams each on one side argue upon fictional cases and those questions of law with are debatable in reality and which have not been bound or are still the lawmakers are silent on some facts. Moot Court, now is one of the biggest and efficient sources from where people get the education and imbibe all the qualities and skill that a lawyer require.
1.3 IMPORTANCE OF MOOTING
Mooting helps in the overall development of an individual as a good and proficient lawyer and participating in Moot Court Competition regularly makes a student familiar with the proceedings that take place generally in real courtrooms. Thus, the advantages of mooting are as follows:
- A) NETWORKING
One of the important features of mooting is that it helps you to connect and socialize with so many people across the globe with whom you connect in the process of mooting. As students from different places and colleges come to represent themselves, it gives an opportunity to get the exposure to the outside world.
- B) RESEARCHING AND WRITING SKILLS
Participating in the moot court competitions helps you in enhancing your researching skills because it is your research on the basis of which you will be fighting your case and representing your side and it also helps you in framing a good moot court memorial on the basis of which the other team would raise objections and question you. This will also help in enhancing your skills as to how to adapt to prompt situations and how you tackle situations where you are at unease.
- C)BUILDING CONFIDENCE
Mooting helps an individual to build his confidence in communicating and putting his view in front of the people. It helps a person to build his confidence to such an extent that he does not fear to question or to speak in front of anybody and can fight cases efficiently.
- D) PRACTICAL KNOWLEDGE
Mooting helps in giving the practical implication and knowledge to the students who are studying law in such a way which they will never find in the books and would be unaware of, as practical and theoretical knowledge are like two different sides of the same coin and to pass the hurdle you need to study both of them although both look same but are totally opposite in reality.
- E) TEAM WORK
Moot court competitions take place in the school or colleges who organizes it and the various teams from different colleges come and participate in the event. The team comprises of 3 students with one as the researcher and the other two as the speakers presenting their arguments on either side. This teaches the students to perform well when they are together in as a team and analyze what are their strengths and weakness, how can they work upon them to achieve maximum efficiency. It also helps to work with people who are different from you and it also teaches how to coordinate with each other.
1.4 CAN MOOTING HELP YOU IN YOUR CAREER?
Honestly speaking, Mooting is one of the most important things that help you in your career and your future growth as well. Mooting is one thing that inculcates a lot of habits and discipline that are requirements by many of the Law firms Recruiters and when a law student sits in a Job Interview, if your resume will display that you have done a different kind of moots then it will be very beneficiary as the employer will know that you have a good amount of knowledge in this field and you have experience and your chances of being selected will automatically go up.
Mooting in today’s generation is something considered to be one of the most important factors which everybody looks after because if you are a good mooter, people will consider you important and knowledgeable. Also, the exposure you get in mooting helps you to easily adjust in your future jobs which is quite important.
1.5 WHAT IS THE PURPOSE OF MOOTING?
The main purpose of mooting is to establish a good overview by the students of law and enhancing 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:
- A) 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.
- B) 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.
- C) 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.
- D) 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 favour 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 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.
- E) MOTIVATION
Lastly, students who participate first time in this kind of activities not only get the exposure but also the motivation to take part in a more comprehensive way and in other competition 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.
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.
The Writer, Md. Shawkat Alam Faisal, is a 3rd Year Student pursuing LLB (Hons.) Degree at Department of Law, University of Rajshahi.