pst ► •

Unit-VI In-H ouse Clinical Legal Education

Law is meant for society and the converse is not true •Soc·1ety 1s .
. d' . d not meant
for Iaw. L eg al I
rues an d JU 1c1a1 ecisions are mea t f dd .
b f bl n or a h ressmg
innumerable num ers oI tipro emstharising from social facts. Law s OUId be
• d'
capabIe of fm mg so u ons to e problems which it I Th
foundation for this should be laid. down in the law schcan l ~t velf.M e
. kn led fI oo s I se . ere
theoretical ow_ ge o egal rules 1s not sufficient. A clinica l appro ach must
be adopted. It will enable the students in the years ahead to appl th I al
rules to the social r~alities. Further they need to be involved i~ ex~e:al
clinical legal education. As such they must be made to1 involve in legal
awareness programs, lok- adalaths and legal aid programs. The law students
should be exposed to legal and judicial proceedings. It has its own limitation.
Hence, student sho~ld be trained in the law schools itself by inculcating in
them a problem-solving approach. It can be done through in-house clinical
legal education. As a part of in-house clinical legal education, most of the
reputed law schools organize moot court competitions, trial advocacy, client
counseling and mock trials. There are moot court societies in law schools to
organize mooting activities both internal and external. It is necessary to lay
down a strong foundation for a sound mooting culture in the beginning itself.
The students must be educated adequately about mooting and other allied in-
house clinical legal education activities. It is very much essential in every law
school to have a strong Moot Court Society to see that the in-house clinical
legal education can be implemented in its letter and spirit.
Moots: Hockey players practice passing the ball in short passes, long
passes, drag flicking and shooting the ball at the goal post. The cine artists go
for many rehearsals before the director says shot ok. Cricketers practice in
the nets. The drama artists and singers practice very seriously, before the
stage performance. The educationists have stressed the importance of
education and literacy from time to time. But the importance of being
articulate is not articulated. How it can be assumed that speaking is a natural
and effortless matter. Fluency and presentation skills are matters of great
significance to lawyers more than anybody else. The practice of law
demands both verbal and drafting skill. The students by taking part in moots
can acquire the required communication skill and drafting skill by drafting the
memorials. Participation in moots calls for a good deal of research. It .
provides an opportunity to the students to hone their research skill.
Moot in ordinary language signifies something debatable, disputable or
having an element of uncertainty. In law, it means a mock judicial
Qinica1 legal education orients the students towards practical aspects of law and law in
1
action- Many subjects like Conveyancing and Pleading, Moot Court and Legal Aid,
A)terna tive Dispute Resolution and so on were introduced by the Bar
Council of India
to the legal curriculwn as a part of clinical legal education.
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proceeding set up to examine a hypothetical case as an academic exercise.•
It is a simulation exercise. It is the imitation of something which really exists.
It requires a model to be developed. Hence a court room atmosphere is
artificially developed. It shares the characteristics of a real court hall of which
it is a model. It has the appearance of a real court. The students are made to
feel that they are standing before a judge to argue a case. The very purpose
of the simulation is to familiarize the students with the judicial mechanism
and court room manners. As per the BCI legal education norms every legal
education centre must have a moot court hall modelled on a real court room.
It should be used only for moot court exercises. It cannot be used for other
academic purposes. It should be kept dosed.
Mooting exercise enables the students to learn the art of persuasion. It
helps them to present the case succinctly and intelligibly. The moot problems
are imaginary cases involving questions of law. There will be a petitioner and
a respondent. The participating students act as coW1Sels representing the
petitioner and respondent. As counsels they argue the case on behalf of their
clients. The general practice in all moot court competitions is that there
should be two counsels and one researcher. It is better to follow the same
practice in the internal moot exercise. It will enable the students participating
in moot court competition to place themselves in a comfort zone. In the
internal moot exercise the teachers, the senior students having moot
experience and senior advocates can preside over the bench. Generally, in
the final rounds of a moot competition the sitting judges of supreme court
and high court are invited to preside. Accordingly, the students get an
opportunity to argue before the sitting judges. To be a finalist in a moot
competition is something great. Ask any finalists, they say that it is a great
feeling. Win or lose does not matter. Participation in a moot competition
itself is a great beginning for a great future. It is the function of a Moot Court
Society to organize mooting exercise and competition. In the absence of
such society, nothing should prevent the students to organize on their own
such exercises. It follows from the above discussion that mooting gives
practice in court procedures and mannerism. It also helps to develop self·
confidence, especially in a testing situation. Every advocate should possess
such aplomb. It is an invaluable asset of an advocate.
Ideally a moot problem should have four issues relating to important
questions of law. Two issues each are taken up by the respective counsels.
The participants are asked to prepare memorials both for the appellants and
respondents. These memorials are exchanged. The organizers of mooting
should be informed of the authorities to be cited. It will enable them to
arrange the case reports or case book to be kept in the court room. Before
the commencement of moot competition, the participants are briefed about
2 Glanville Williams,opcit.160, seeforageneraldiscusslon, ldat 160-169.

372
the problem and given necessary instructions. Ukewlse, there is briefing to
judges regarding the problem and the method of assessilPJ the performance.
The best practice is to give a copy of the problem to the judges in advance.
Like an examination, mooting is also a time bound exercise. The
proceedings should be confined to a reasonable length of time. Generally,
each side is given 40 to 45 minutes. Two Issues each arc assigned to the
counsels. It is exclusively an internal matter of the team. The team members
will decide who has to argue what issues and how fflm). Sometimes the
competition rule itself may insist that each counsel has to argue two ~
After the arguments generally 5 minutes are given fornotttal.
The counsel for appellant begins the argmnents on instruction bJ the
judge. He should request the judges in a polite language your Lordship, may I
proceed to argue, the question of law imlolwd, if the honourable court is
aware of the facts. He has to proceed accordingly. In the C0lne of
appellant's arguments, intemiptions from respondents are not allowed. The
respondents should saywha tewr they want in the course of their argLDnents.
It is important to follow the court manners. Both COlllSel and jlllges
should observe punctili os of cOlD't procedlD"e and conduct. P1.nc:tiJios means
the right discipline and behaviour expected of the members of bench (Judges)
and bar (advocates). The cOWlSels should dress like an advocate in white and
black. It gives them a feeling of an advocate. Judges drawn from bench and
bar usually adhere to the dress code. The other judges are not insisted to
follow the dress code. As the court manners are to be foDowed, a counsel
should address his other team members as learned c0-COlUlSel. The counsel
for the opposit e party may be addressed as 'My learned friend' or 'the
learned counsel' for the appellant or respondent as the case may be.
Submissive language must be used by the counsels in the ccurse of
argument.
The next importa nt matter is how the judges are to be addressed. The
student counsels must assume that they are standing before the real jtxlges.
In a real court room situation judges are addressed as 'My Lord' and 'Your
Lordship". My Lord is the mode of addressing a judge, when something is
spoken to him directly. 'Your Lordship" is the mode of referring to ajudge In
the course of a sentence. It is a poUte substitute for "You'. A protocol for
opening a case is, "May it please Your Lordship" Iam appearing with Mr/Ms
..... for the appellant or respondent as the case may be. Female judges are
addressed as 'My Lady or Your Ladyship··.
A counsel should not commit breach of etiquette. Especially while
expressing a personal opinion on the merits of. a case, he needs to use
appropriate words. A counsel can 'submit' or suggest as strongly as posgble.
He can state the proposition of law or fact. But he shouki not express his

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own personal belief or opinion. He should not say

, 'My Lords, in my opinion
the law is so and so', or 'My Lords in my opinio
n Mr. A is inn oce nt'. Such
expressions are disrespectful of the judges. A cou
nsel is the re to represent a
client as effectively as possible. He is paid
by the client. The above
expressions can easily annoy the judges. It will hav
e a negative impact on the
case. The client may hap pen to lose, because
of the attitude of a counsel.
Hence, the submission must be made in a
polite language. Say, 'Your
Lordship, it is most respectfully submitted..... '.
A counsel should know how to present the ma
tter bef ore the judges. The
test of relevancy should be applied. Only the
ma tter s which are strictly
essential should be brought in. The argument
mu st be crisp. The relevant
au~orities must be cited. If the court dro ps any
hin t acc ept it with a word of
gratitude. Arguments should not be read out.
If it is very important to quote
an observation of an eminent judge, it can be don
e. Th e judge ma y instruct to
sum up. The instruction must be observed
without was te of time. The
counsel can not insist to read out the materials.
As he has pre par ed it, as for
as possible, it is advisable to be ex-tempore.
The written materials can be
referred occasionally, as an aid to memory, if it
is inevitable. Tim e should not
be wasted in reading written memorials. Tim
e is too limited, unlike a real
case. It should not be wasted. The ma in poi
nts should be presented as
impressively as possible. Irrelevancy must be
avoided. It saves the time. It
avoids gabbling. In effect whatever is said
can be clearly understood.
Establish eye contact wit h the judges. Avoid
reading and mumbling _wi~
notes. The voice must be kept at an appreciable
level. Modulation of voice is
also essential to avoid the monotony. Try to put
expression into it. Jok e must
be avoided. A lawyer is not permitted to joke in
a court.
Textbooks are the secondary sources of law. Rea
ding passages from the
text books must be avoided. Text books ma y rep
resent the final word on the
law. They are not taboo in the court. They
mu st be used sparingly and
cautiously. Judges are mo re interested to
hea r relevant precedents.
Especially, it is so in the superior courts.
It is advisable to place the
observations 'of renowned jurists and writers reg
arding the cas es cited. An
authority cited, must be read slowly, with emphas
is and pro per pause.
Reports of the cases cited must be produced bef
ore the judges. If reports
are not available, case books must be made ava
ilable. The participants also
should refer to the case books, on non-availab
ility of case reports. Cas es
must be cited with full reference. It must be fully
pronounced. Abbreviation
must be avoided. The facts of a case must be rea
d wh en it is relied upo n for a
ratio decidendi. It is not necessary in case of an obi
ter dictum. If the case is an
important part of the argument the counsel
\ considers as essential facts.
has to read fully wh at he
\ I In mooting it is not necessary to refer as many cas
es as possible. In court a
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 lawyer may do that in support of his case. A mootercamot enjoy that buy.
The reaso n is time constraint. Hence a minbm.m runberof cases, which se
so Important for the argwnent may be cited. A moot Is a man to an end.
The primary object of moot is to enable dewloprnent of -,pne nt. Off
course, it is essential to cite cases. Citing cases byItself shoml not become an
end. It should be considered asa mean s toachiewtheend whatmootteelcs.
Patience is very important for a mooter. Some judges grind the rnooters.
The moot er should not get irritated. He is supposed to answer the question.
Nothing wron g in confessing ignorance. Do not give wrong ar'IIWler. Mooter
should not entangle himself in attitudinal problem. He shoml take it In a
positive mindset that the judge is trying to get best out d him. He shcdd not
think that he is harassing. In a real court situation, judges Interfere
occasionally. But in moot s judges interfere often by posing questions and
raising objections. The objection need not be the judges' real opillbL The
judge wants to find out how the mooter responds. If the objedlon Is vaad,
gracefully acknowledge tt and say 'much obliged Ycu lonlshlp' or 'I am
obliged to Your Lordship' The moot er may have an argwnent. Hec:anpmit
across by saying, 'With great respect, 'My Lord'. Moot.ersshcud note that in
the course of argum ent, while amwe ring any qiaestl on or n!SpOldi,g lo an
objection and making praye r at the end, they should stand up respectUy.
There is no point in repeating, when a ).dge has tnlen lood the lllllta
Understanding is different from convincing. The mooter may pal!Mlt the
argument best of his ability. If the judge is not cmvinced, no Wf14J out for the
mooter, excep t to accep t the defeat gracefully. He should not pick-up
argument with the judges. He should not question the jLdge. Testing the
knowledge of a judge is still too bad. This guidance is equally applicable to
argument in real cases also. If the judge suggests to aa:ept a point. say
gracefully, •If Your Lordship Pleases'. Judges interfere, generally, when
arguments are read out mechanically. Keep away the notes whle answeria~
the question. Conti nue the argument without notes. Refer to it, on1sJ to read
an authority. Notes mean s written materials.
Generally, there are four rounds in any moot court competition.
Preliminary, quart er final, semifinal and finals. At the end of ewry round,
judges will decid e who will go to the next round, until the final. In the final the
judges decide the winners and runners. Prizes are also given to best
advocate, best lady advoc ate and best memorials. Wm or defeat, accept it
more gracefully. A moot is not a battle, where enemies are grouped in
enemy camp s. A moot is a moot. The opponents are your learned friends.
Consider defeat as a stepp ing stone of a win in the days ahead. Depart with a
great feeling that it is a great experience of learning a lot. AD the guidelines
given above should be followed throughout the moot.

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J
 It is said men cannot improve the beauty by their appearance.
Countenance is but natural. Artificial means is not a substitute for naturality.
Certainly, men can improve the elegance of their speech, provided they
wish. There is a saying that bad by habit. Bad habits spoil a speech.
Repeating certain words like 'so'. 'I mean' 'You know' etc everywhere and
anywhere destroys the beauty of the talk. The speakers should realize this at
the earliest. This is equally applicable to the mooters also. Mistakes can be
identified by recording the speech and later carefully listening to it. It can be
done by inviting comments from friends and well-wishers. Eliminate all the
pauses in the speech. Moments of silence are for more impressive than
meaningless noises.
Another important part of a moot is submission of written memorials. As
a part of the competition, memorials are insisted. Memorial means a
statement of facts, accompanying a petition made to an authority. The
written memorials submitted in moot should consist index, table of cases,
expansion of abbreviations, and bibliography. This is an informal part of the
memorials. It enables the readers to get an idea of the legal materials
referred. The formal part of the memorials is a very importan t portion
relying upon which the mooters present their argumen t. The formal part
consists a statement as to jurisdiction of the court to entertain the petition. It
also includes statement of facts, the issues involved in the case, respective
argwnents and the prayer for remedies. Memorials must be prepared both
for appellants and respondents. Memorials must be prepared after an
intensive research of the legal literature pertaining to the problem. The
authorities must be quoted and cited. Every page should contain footnotes in
this regard. The source of information must be properly acknowledged,
failing which it results in plagiarism. A well-prepared memorial is given its
due. The mooters may not be runners or winners, but their memorials can be
the best. Preparation of memorials helps to improve drafting skills. Drafting
skill is important to an advocate. Mere argumentative skill is not sufficient. In
real cases, the lawyers have to file skillfully drafted plaints, written
statements, petitions or counter statements. Faulty drafting results in defeat
in a case. It will detrimentally affect a client.
Mock Trials: •
A moot consists arguments on questions of law. In the High Court or
Supreme court questions of law are entertained for argumen t and decision.
Ascertainment of facts is the function of a trial court. It involves the process
of chief examination, cross-examination and re-examination of the parties
and witnesses. The evidence tendered by the parties and witnesses enable
the court to ascertain the fact in issue. In moots students are not exposed to
the skill of trial advocacy. Especially cross-examination is an art. It is a tactics
used to unearth the truth. It is resorted to find out the truthfulness of the

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 statements made by the parties and witnesses. Leading questions are
allowed in cross examination. In examination-in-chief and re-examinations
leading questions are not allowed. After the re-examination, ~
examination is allowed. In moots, the mooters are not exposed to these
processes. Mock trials enable the students to hone their b1al adwcacy skill.3
It is a good training especially in the art of aoss examination. Mock trial fflBI/
be conducted in a civil or criminal case. It Is time consuming and requires
intensive training of the participants. Mock bial cannot be finished within 45
minutes. Hence mock trials are not considered as appropriate for a
competition in which many teams participate. It can be conducted at internal
level involving the senior students. To saw time, the bial can be beglm
straight away with cross examinations. If time is not a constraint, Bke a
regular trial it can be commenced with examination-in-chief. Opportunity
for re-examination also can be given, as it is an academic exercise. After the
ascertainment of facts by the judge the arguments by the counsels begin.
There after it continues like a moot. 1nere is no submission of written
memorials. But plaint and written statements need to be paepared. AD
relevant documents must be created. AD identified wilneS5es are to be
examined, cross examined and if required, re-examined also. Cm qnesticn
of law all the authorities must be quoted and cited. There wiO be 0IWJ one
Judge, unlike moots where there are two or more judges. Finally, the )xige
looking into the evidences and consk:lering the argumentsgiws his decision.
Mock trials are also conducted in moot court hall. Amidst other~ a
witness box needs to be kept. Mock mal involves the examination and aoss
examination of parties and witnesses.
The trial in a criminal case begins with filing of charge sheet by a police
officer. Charges are read over to the accused. The judge asks, the accused
whether he pleads guilty. If he does not conf~ his guilt. regular b'ial begins.
The public prosecutor represents the state and the defence lawyer
represents the accused. A copy of the charge sheet and AR must be giYal to
the defence lawyer. The witnesses are to be examined and aoss-exammed
based on the evidences. Accordingly, the guilt of the accused is established.
The prosecution has to prove the guilt of the accused beyord reasonable
doubt. There after the arguments begin on questions of law. Authorities
need to be quoted and cited.
In both the mock trials, a senior advocate presides over and conducts aoo
regulate the proceedings. If it is a civil case, a senior advocate on the civil side
and in a criminal case, a senior advocate on the criminal side presides. 1he
decorum, etiquettes and the manners and submissions as explained in the
context of moots apply to mock trials also.

3 See for a general discussion on mock trials, id at 169-172

377
 Trial Advocacy: The mock trials are beset with many constraints. Hence
as an event of competition, it cannot be incorporated. An option is found in
trial advocacy. It can be organized internally. Trial advocacy competitions
are also conducted regularly by the law schools. The students are exposed to
the art of cross-examination. Hypothetical facts are created. Witnesses are
identified. The law school conducting the competition identifies a few
students as witnesses. The number should be kept at reasonable level. 4 can
be the optimum number. Totally 40 minutes can be allotted. A team
consisting of two advocates can each cross examine two witnesses. 10
minutes can be allotted for each witness. Senior advocates and sitting judges
of a trial court and retired judges of trial court can act as the judges. The
cross-examination of the witnesses can be commenced on the assumption of
completion of chief examination. The statements of the witnesses shall be
prepared well in advance and must be furnished to the advocates. It saves the
time as the chief examination can be avoided as discussed above.
Acconiingly, four problems can be created for enacbnent at four different
stages. The number of problems depends upon the convenience of the
organizers. Trial advocacy is also organized by Moot Court Society. Trial
II advocacy can be conducted internally also as a competition to train the
students in the art of cross examination. Trial advocacy is conducted in a
Moot Court Hall where there is a witness box. The existence of witness box
I brings that seriousness. The event is to be organized, as if it is done in a
'I regular court hall. It gives a feel of a trial court. The court room decorum must
I
I
be followed in trial advocacy also.
I
I
Client Counseling: It is also a part of in-house clinical legal education.
Some law schools offer a value-added course on client counseling.
Generally, it is not a part of regular curriculum. Client counseling simulation
exercises can inculcate a great deal of interest among the students in
preventive law. It makes the students to think of remedies other than
litigation. Litigation is always a time consuming and costly affair. Easy,
speedy and cost-effective remedies can be suggested. Students can develop
interviewing, planning and analytical skills required in the lau,yer-client
professional relationship. 4
The legal relationship that exists between a lau,yer and client Is
contractual in nature. It is professional in nature. Client is a person who seeks
legal advice on a particular matter to decide upon the future course of legal
remedy. invariably he approaches a lawyer. The profession of a lawyer is
known as a learned profession. By virtue of his knowledge, he practices law.
One of the important functions of a lawyer is to advise one who seeks his
assistance to know the legal consequences of his action. The process which

4 See for a general discussion on client counseling, Mrs. Srividya Jayakumar, Client
Counseling,All lndia High Court Cases(J.S), 13, (January,2007).
378
 influences a decision or facilitates a decision as to the future course of action
is known as counseling. Such a process enables the dlent to arrive at a
decision as to the course of action to be plD'Slled. 1be law students nut be
effectively trained in such a process. It is a vital sklD, which every law student
should necessarily acquire. It enables them to use different range of
counseling approaches. A lawyer is a professional COll'ISelor. He Is not an
ordinary counselor. His profession is a helping profession. He hasto help the
client to find out a legal solution. It is possible only if a cBent is thoroughlaJ
counseled.
A client approaches a lawyer with a problem stated for a solution. The
first and for most important step is to hear the client patiently. Then on1tJ he
will be able to reach the crux of the problem. Still there is 81PJ dooot. he
should clarify with the client. In this whole process, the dent is a passhie
spectator. All the required details must be extracted. Finally, the ~
should come up with solution. AD the existing legal remedies other than the
traditional litigation-based remedy must be brought to the notice of the
client. Counseling is client centered. A lawyer should know the wishes of his
client. Accordingly, he has to assist the client to pursue the proper n!llledy.
According to law, for whate\lel' he ptD"pOSeS to do, he sholit obtain
informed consent of the client. Even though c:otmseling is dent centered, a
lawyer still has a dominant role to play. By virtue of his legal knowledge and
experience, a lawyer only can suggest an effective action, based upon proper
counseling. All clients are not educated. Even if so, they are lai,inen in the
sphere of law. The position of educated clients is slightly better than the
illiterate and uneducated.
Client counseling simulation exercises must be undertaken in law schools.
Students must be made to participate compu)sorily, espedaOy the final year
students. When the students reach final year, they are exposed to mm;
subjects. Many reputed law schools conduct client counseling competitions.
One team should consist of 2 advocates. Problem topics are selected from a
few subjects. The topics are informed before the competition. The
organizers send a person as a client to the advocates with a problem. The
student advocates should properly counsel the client and elicit the problem_
There after they should themselves have a post-cOl.D'lSeling discussion to
arrive at the proper legal remedy to be pursued. For both counseling and
post-counseling discussion, usually 45 minutes are allocated. There are
judges to assess the performance both during counseling as well as post
counseling discussion. InteIView is an art. The advocates should make use of
proper persuasive language, right spirit, proper body language, patience,
and encourage the client to disclose the correct facts. Advocates shoukt tell
the client that their communication is a privileged communication and it will
not be disclosed. Further he should tell that no one can compel him or his
client to disclose any matter in the court or anywhere. This is how the
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advocates should win confidence of a client. Like any other competition

there are parameters for assessment. The participating members should
dress up like advocates.
Judgement Writing: Judgement writing as a simulation exercise is
another aspect of in-house clinical education.5 Moots, mock trials and client
counseling exercises help the students to develop advocacy skills. Judgement
is the end product of a legal proceeding. It is the decision of a judge based on
reasoning in a case which he is called upon to decide. The case contains a
general decision and a concrete decision. The former contains the legal
Principle based on which a case is decided. Latter consists an order of the
court, binding on the parties. The decision of a judge must be a speaking
order. The order must speak for itself. The reader should be able to
understand himself the reason for such a decision. A judge should cite
precedents in support of the decision. There are certain steps to be taken by
a judge in writing the judgement. Writing a judgement is an art. Judgement
must be written in a simple, understandable language and concise form.
Coherence must be maintained. It is easy to speak. But it is a very tedious Job
to reduce into writing whatever is heard or spoken. The judgement writing
simulation exercise helps the students to develop the art of drafting
judgements. It enables them to understand the steps involved in an effective
judgement writing. The following factors must be taken into consideration,
while writing a judgement.
The process commences even before the commencement of a case. The
judge shall go through all the legal documents, legal materials, statutes and
the precedents applicable. If a judge has a clear-cut idea about these matters,
at a later stage his task of writing a judgement becomes easier. The first page
should, as it is said, is a prime real estate. It should evince interest in a reader
to read the judgement. The traditional way of writing, like, this is a petition
under section ......of ..... Act, must be avoided. Instead of that the facts must
be set contextually. As such the reader gets a glimpse of the matter to be
discussed ahead. Thereafter he should narrate the facts, that are material for
the decision. The history of the facts to the extent it is required must be
included. Contentions of the parties, arguments and the precedents and
authorities cited on support of the arguments must be clearly brought in. He
must be clear about issues. Thereafter he has to set out the law. The law set
out should be applied to the facts. In support of his reasoning, he should cite
the precedents and authorities. There must be proper conclusion. To
~onclude appropriate style must be followed. New issues should not be
:tr?'1~ced at this _stage. It should cover only the issues introduced in the
ginning. There 1s nothing like editing the judgement. The only way of
5
See for a general discussion, Justice SunU Ambvani, The Art of Writing Judgement
WWW.ijtr.njc.jn visited on 20th March, 2020. '
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editing a Judge ment it is said is re-writing the judgement.

Many law school s condu ct Judgement writing competition exc:Jusively or
along with Moot. There is also online competllkn A team shal consist of
two memb ers. The proble m will be sent In advance. The judgement must be
written in accord ance with the pr~etermined parameters amd sent onlne
to the organi zers.

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Case book: 155 Commission reports: 129,147

Case law:202 Common law: 107,108
Case stated: 123,124 Communism: 13
Case study:325,326 Common power:21,22
Caveat:163 Conciliation :81
Caveat emptor: 163 Concurrent list: 133
Caveat venditor: 163 Conflict of laws:99, 100,101,105
Certiorari: 26 Context rule:226
Census:322 Contract:76,111
Certiorari:26 Co-operative socities:93
Cestui qua trust: 163 ControDing:46
Chancery court: 112,149, 150,269, Consensual contracts:47
278 Consolidating statutes: 140
Chancery division: 122,130 Constituent Assembly: 187
Channeling:43,46 Constitutional law: 71
Christian: 97 Consumer:79
Christianity:55,61 Conventional Law: 105
Citation:368,369 Com,idion: 161
Circuit judge: 123 Copyright:83
Cited as: 130 Corporate:80
Cited by:62,64, 130 Corpuspossessionis:164
Civil:101 CorrectiW justice:23
Civil justice: 25 County Court: 121.122
Civil jurisdiction: 121 Court of Appeal (Ovil Division): 121
Clergy:48 Court of Appeal (Criminal
Client counseling:378 Division): 123
Criminal jurisdiction: 122
Close-ended:308
Code:34,36,39,41,85 Criminal law: 73,243
Codicil: 163 Criminal justice:23
Codifying statute: 143 Criminal wrongs: 102
Cognizable: 164 Crown court: 123
Command:8,25 Culture:54,57
Curative statute: 142
383
 INDEX
Abbreviations:340 Applied research:273
Abstract:346 Appellate jurisdiction: I 13, 119,
Abstraction:204,205,206 114,124
Accident: 139,228,229 Arbitration: 37 ,81
Accused: 160 Articles of Association: 162
Act in the law: 111, 160 Assignmentwriting:329,347
Act of the law: 160 Australia: 194
Acquittal: 160 Attributes:38, 100
~
Actus reus: 160 Authoritarian:40
Adjective law:9, 98,108 Authoritative:40
Adjourn: 160 Autonomic law: 106
Administration of justice: 11, 14,23 Autonomous legislation:40
Administrative:32 Bail:162
Administrative law: 72,128,134 Bailment: 162
Advisory jurisdiction: 113, 119, Balancing of interests: 11,44,235,
124,194 Ball:61
Advocacy:6,371,376,377 ,3 78, BarCouncil: 127,371
380 Bar Association of Supreme '\'

Affidavit: 161 Court:199

Ahimsa:56, 59 Basicstructure:211,216
Alibi: 161 Bench:114
Alienative fact: 161 Beneficient: 235
Ambiguity:226 Bequest: 185
Amending statute: 140 Bhakti movement:59
Amicus curiae: 161 Bibliography:298,333,342,349,35
Analogy:2,6,251,288 1,354,376
Analysis: 293,343 Britain: 193
Anarchists': 17 Business laws: 75
Anarchy: 196 Canada:194
Animus possidendi: 161 Canon law:36,39, 97,102
Anticipatory bail: 162 Capital punishment: 163
Apexnorm:9 Carriers: 75

~
382

---~-
~ j
 r
F.1.R:167 High Court:113,114,115,121
Fact:168 Hindu:94
Family court: 115 Hire purchase: 169
Family division: 122 Historical: 235
Family laws:34, 94 House of Lords: 121
FederalCourt: 119 Human nature: 16
Fiction: 129,149 Human rights:57 ,58
Fiduciary: 158 Hume:16,22
Fiscal statute: 142 Hierarchy: 113
Footnote:298 ,363 I Hierarchy of norms:10
Foreign Contributions : 92 Hohfeld's analysis:252
Foreign Law: 105 Hypothesis:285-290
Forensic mannerisrns: 253 lbidem:153
Format:336,3 38, 351,367 ld:153
France:194 Indemntty:169
Fringe:228 -. . ' ' Index:343,344
Functions:28, 29 Illustration: 138
Garnishee order: 168 . Immunity: 169
Guarantee: 168 4
Indictable offences: 123
Gazette notifications: 129,147 lndictment:123
General format: 336,351 Inductive:1
Genocide: 168 . Industrial DispltesAct:37
Golden rule:230 lnfra:154
Grammar: 196 lnjunctions:169
Group law:36 lnjuria sine dannnn: 169 •
Grund norm: 10,38, 187 In limine: 170
Habeaus corpus: 27 Innuendo: 170
Habit:9 Insertion, footnotes:366
Handwriting: 254 lnsolvency:77
Heading: 136 Insurance: 77
Head notes: 130 Intersection:66
Heyden'scase :229 Intention: 170

I
385
✓~
..
I
--L~
.-----

Custom:20, 148 Divisional bench: 114

Customary law: 129,148 Divisional court: 123
Oamnum sine injuria:6 7 Docttinal:280,282,295
Declaration:32 Dominant tenement: 165
Declaratory Dress:373
-precedent: 210 Duty:166
-statute: 141 Ejusdem generis:227
Decree:164 Ellipsis:362
Deductive:3 Enabling: 46
~
De facto: 165 -statute: 141
De facto doctrine: 223 Encumbrance: 166
Defamation: 165 Endowments:91
Defence: 109,110,161 Enforce: 166
Defendant:52,67,109 Entrepreneurship Law:89
Definitions: 136 En ventre sa mere: 166
Dejure:165 Equity: 129,149,150
Delegated legislation: 134 Eskimo:36
Demurrer: 110 Essay:327
Denunciatory:24 Ethics:68,69
Derivative title: 165 Ethos:63
Deterrent:23 European tribes: 13
Dewey Kelly:265,267 Evidence: 167
Dictionaries:343 Examination,
Directory statute: 144 -Hall:256
Disability: 165 -preparation: 245
Disabling statute: 142 Exceptions: 137
Dissenting:219 Ex-officio: 167
Dissertation:350 Ex parte: 167
Distinguishing: 206 Explanatory Statute: 142
Distributive: 23 Explanation: 138
District & Sessions Court: 113, 114, Extinctive fact: 167
115 Ex turpi causa non oritur actio: 167

384
~
~
' -- l_l
 ,
Logic:20
logic of fish: 21
Long title: 135
Negligence: 176
Negotiable:83 •
Nish Kama Karma:58
'
Machaivelli: 21 Non-cognizable offence: 177
Magistrates' court: 113,123, Non-doctrinal:281,282,295
Main text:297 Non -restrictive distinguishb,g:206
Major:174 Non-testamentasry: 170
Malice:174 Not-for-profit:89
Mandamus: 25 Nosciter a sociis:227
Mandatory statute: 143,144 Nudlllll pactt.m: 176
Marginal notes: 137 Null:177
Martial law: 106 Obiterdida:207,209
Master of the Rolls: 121 Objection in point of law:110
Memorandum of Association: 175 Objectiws:291
Mens rea: 175 Obligation:9,76
Memorising:238 Observation:299,301
Methodology:292 Op.cit.: 154
Military law: 106 - Open-erxled:309
:'·♦
Minor:175 Ordinance: 129,145
Minutes: 175 I
Original jwisdiction: 113,
Mischief rule:229 Original title:177
Mock trial: 3 7 6 Owrruling, p.ospedjw:222
Money decree: 175 .' Ownership:177
Moot Court Society:371,372 Parimateria:177
Moots:371 Pari passu: 177
Morality: 64, 66 Parliamentary debates: 129,146
Moratorium: 175 Parsi:95
Mortgage: 175 Passim:155
Motive:176 Passing off: 177
Municipal Law: 98 Patent:82
Mutatis Mutandis: 1 77 Penal statute: 142
Mutuum:48 Per:155

387
~-,
.,.

Interpretation: 224,225,226,293, Law Day: 198

294,295 Law keepsout:51
Jnterview:315 Law Lords:221
Intra vires: 170 Law, meaning:7
Institutionalised:33-37 Law reports: 129
Intestate: 170 lay out: 128
Immunity: 169
Leaf frog: 121
lpsofacto: 170 Leaming: 158
Ireland: 193 Lease:172 ,·
lslam:60 ,.
Lecture: 157
Japan:194 Legacy: 185
Jean Bodin: 16,22 \
Legal materials: 129
Jermany: 194 Legal periodicals: 129, 148
Jointtenancy: 171 Legal process: 28,29
Judgement writing:380 .Legal Research:268,277
Judicature Act: 150 Legal right: 173
Judicial Committee of Privy Council: Legal system: 38,4 7
117
Legatee: 186 '
Judicial discretion:262 ~
Legislation: 132,133,134 •'i
I
Judicium dei:30 i
Legislators:49 ;
'
Jurisdiction: 171
Legists:21
Jurisprudence: 171
Letter of administration: 173
Jury:258,263 .
I ",I Leviathan:22
Jus:171
' Liability: 1 73
Jus ad rem: 171
Jus cogens: 172
, . Libel: 173
Liberty: 173
Jus gentium: 13
Library: 127,128
Jus necessitatis: 172
Likert:308
Jus tertii: 172
Limitation: 174
Justice:23,25
Local Law: 104
Justinian:34
Loe cit.: 154
Laissez faire: 18, 19
Locus standi: 174
Land Laws:86

b 386
.
 ~
I
Research design:293
Research problem:283 ,284,285
Sikhism:59
Sine die: 182
'
Resgestae: 180 Sine quo non: 182
Resjudicata: 180 Slander:182
Res ipsa loquitor: 366 Social Contract:22
Res nullius: 180 Social engineering:44
Respondeat superior: 180 Social Security:85
Restrictive distinguishing: 206 Social solidartty:45
Retort courteous: 109 Solicitors:
Retributive: 24 . Solidwn:182
Review:356 • SouthAfrica: 194
I
Right in rem: 181 Sovereign:8
Right in personam: 181 ' •j • • Specific performance:25
Roman law:47 Stare decisis:221
.,
Rote:158 Statutory Law:107,108 _
Rule: 9 Special laws: 104 .
Ruleoflaw:32 ,199 State list: 133
,,
Safety:86 Statement of claim: 109
Sale of Goods: 78 Status quo: 182
Sanctions:8,41 Statutes: 129,132,135,2 41
Saving clause: 138 Statutory instruments:129,145
Secondary rule: 8 Stipulatio:47
Sections: 136 Studymethods:152
Schedule: 138,318,319 ,320,321 Su~judice: 183
Self-help:23 Subordinate legislation: 133
Semantic:225 Sub-silentio:220
Seneca:17 Substantive
Servient tenement: 181 -law:108
Servitude: 182 •Statute: 143
Shariat:96 Succession: 183
Short title: 135 Sufi tradition:60
Sic:362 Summary offences: 123

389
... ___ - ~
Per contra: 155 Proxy:179
Percuriam: 155 Prussian cod e:53
Per incuriam: 219 Public law: 71
Persuasive:209 Punctilios: 3 7 3
Plaint:178 Punctuation: 137
Plaintiff: 178 Quasi contract: 76
Pleading: 110 Que en's Ben ch Division: 122
Pledge:178 Que stio n
Positwn:13 -of fact :261
Possession: 178 -ofl aw: 260
Power:178 Que stio nna ire: 306
Precedent: 209,21 O Quid pro quo: 179
Preamble: 135 Quo rum :180
Preface:337 Quo tatio n:35 9 .
Preliminaries: 336 Quo war rant o:26
Presumptions:236 Ran dom sam plin g:32 4
Preventive:23 Ratification: 180
Prima facie: 179 Ratio dec iden di:2 02,2 09
Primary rule:8 Real Esta te:8 8
Primitive golden age: 16 Rea son :12
Private law:99 Reckless: 180
Privy Council: 117 ,118 Reconcialiation:30
Prize law: 106 Reflective thinking: 264,265,268
Probate: 179 ' Reformative: 24
Probate, Divorce and Admiralty Reform mov eme nts:
61
Division: 122
Relevancy:249
Problems:238
Remedial statute: 141
Procedural law: 108
Repealing statute: 140
Prohibition: 26
Reports: 147
Process:33,278,279,280,315
Report writing: 296
Proof:179
Res:180
Proviso: 138
Research: 27 2

388
____...
 Smmons:183 Ubl jus ibi remedium: 184
Suo moto: 183 UJtra vires: 184
Supra:154 Union Ust: 133
Sur:322 United States of America: 193
Swvey:276,322 Vinculwn juris: 185
&ipie2neCourt: 113,115 Vismajor:215
Supreme Court of United Vold:184
Kingdom: 121
-Voidable: 185
Supt t!lne legislation: 133
Volkgeist: 10
Syntactic:226
Veir:322
Talaq:52
Wage:85
Taxation: 73
Wakfl.aw:94
Tenancy ln common: 183
Warrant:185
Testate: 183
Watershed:64 , 72
Testamentary: 183
Welfare Statute: 139
Text books: 153
Will:185
Thomas Hobbes: 16,22 Writ:25
Trtle of acase:214 Written statement: 185
Titles:183 Wrong:185
Tools: 233,299
Tort: 111,243
Trade mark:83
Trafficking: 183
Traverse: 109
Trial, :184
-advocacy:378
-by battle: 30
Tribunals: 115
TrustLaw:90
Twelve Tables:34
UDHR:59,61,62
USSR:194
l}berrimae fedei: 184
390
It)