HOW TO RESEARCH FOR A

MOOT???

Institute of Law
Nirma University
Exercise undertaken by: Moot Court Committee
 Introduction
Although mooting is associated with advocacy skills and
the ability to ‘think on one’s feet’, the contribution of
detailed research and preparation to the quality of the
speech that is delivered should not be underestimated. It is
true that the best mooters are able to bluff their way past
any gaps in their knowledge but the thought of being lost
for words during the moot is one of the greatest concerns
expressed by prospective (and more experienced) mooters
and the best way to avoid it is to engage in thorough and
meticulous preparation.
 Reading the competition rules and the
moot problem
Be sure to read the rules of the competition, most competitions
forbid competitors to seek advice from lecturers, tutors or any
other source. The competition rules will also provide you with
the competition deadlines, it is essential that you immediately set
aside a generous amount of time for mooting preparation. The
fact scenario for your moot will be distributed before the date of
your court presentation. Your preparation period will be
determined by the rules of your particular competition. You must
first read the entire moot problem, noting your initial reactions.
At this point in the competition teamwork is essential. Your team
should brainstorm what you have identified as legal issues and
the potential weaknesses of your argument.
 Identification and delegation of main
submissions
In some competitions the moot problem will provide the
main submissions and state which team member must
address them. In other competitions you will have the task
of identifying and delegating your main submissions. The
fact scenario you will be given will disclose a number of
legal issues. Your task is to provide a main argument
(submission) for each issue that advances your argument.
The order in which your submissions are presented must
reflect a consistent and logical legal argument to enable
you to persuade the bench.
 Further individual research
Analyse the facts
The starting point for preparation should be an analysis of the
moot problem itself. It is a good idea to familiarize yourself
with the facts and issues before researching the law.
It is true that some mooters prefer to start by researching the
legal issues on the basis that a moot concerns a point of law.
However, it seems preferable to know what the problem is (the
facts) before investigating the answer (the law). By
familiarizing yourself with the point of appeal and the relevant
facts, you will be able to undertake more purposeful and
effective legal research.
Search for relevance
Do not forget that each sentence holds information of
relevance. You may not be able to work out why a particular
fact is relevant at first reading. It may not become apparent
until you have researched the law and given the facts further
thought. If the relevance of a particular fact remains elusive,
it can sometimes be illuminating to consider how the
problem would be different if that fact was either altered or
entirely absent.
Two sides to the argument
Remember that the point of appeal has been chosen because
it can be argued either way, so there are probably as many
facts in the problem that support your opponent’s argument
as there are that support your own.
Never blind yourself to your opponent’s argument.
A good mooter knows the opposing argument as well as
they know their own, as only if you have considered how
your opponent will attack your submissions can you attempt
to defend them against this. Scrutinize the facts carefully for
information that supports your own stance and for facts
which favour your opponent and make a note of these.
Identify issues
Once you have a clear idea of the facts surrounding your
point of appeal, you will probably find it relatively
straightforward to make a list of questions that need to be
answered. Of course, as you have not yet made a start with
your research, your list of questions will probably be quite
broad and general but it is still worth making a list, as this
should identify the core issues and it is always much
easier to research if you have a series of questions that
need to be answered.
Research the law
 As a starting point for your moot research, there are two key
things that you should seek to find:
1. a concise and accurate statement of the current law, including
relevant statutory provisions and case law; and,
2. a clear and relatively detailed summary of the law that provides
some indication of the scope of the topic and insight into problem
areas.
Charters and Documents Legislations
of UN
Sources
Halsbury’s Laws
Treaties and Conventions

Textbooks
Researching cases
 Case law should form the bulk of your research for a moot.
Starting with the core cases identified by legislations,
Halsbury’s Laws, textbook, etc. research itself, you should read
each case carefully, noting the points that support your point of
appeal and the points that go against you.
 Further depending upon the points of research further case-
laws with the similar relevance can be looked into.

Manupatra
SCC Online

Sources
Bestlaw (Combination
AIR Software
of Westlaw and Indlaw)

Patent & Trade Mark

Cases
There are a range of issues to take into account when
dealing with case law:
Which court heard the case?
What is the legal issue?
What was the ratio and what was merely obiter?
In what jurisdiction was the case heard?
Has the case been used in subsequent cases?
Whether or not the case has been over-ruled and if it has
upto what extent.
Articles
 It can be useful to think of engaging in research for a moot as a
staged process whereby you take a progressively deeper look at an
increasingly narrow issue.
 Articles can provide a fantastic insight into the intricacies
surrounding the interpretation of a particular issue or speculating on
the implications of a particular case, so, in a way, can carry some of
the weight of formulating your submissions for you. Articles may
also provide a means to expand a particular legal principle into a
new area in the absence of any case law that considers the issue.

Journals Hein Online

Sources

Taylor & Francis Jstor

 Utility of each Source

LEGISLATIONS, CONVENTIONS, ETC.

Broad statement of current law, identifies key sources of that
law (statute or cases)
TEXTBOOKS
Broad overview of the legal issue, identifies tension and
conflict
CASES
Each case deals with a narrower aspect of the broader issue

ARTICLES
Further depth on a narrow point
 Points to Remember
Have a research plan. Make lists of sources read, make
copies and highlight relevant cases and statutes, and mark
why it is important. You may want to use different colored
highlighters for different issues or different positions.
Don’t shortcut your research. It is better to skim the entire
text for relevant information rather than just reading
headnotes or summaries.
Stay focused. Try not to go onto the next step of your
research plan before thoroughly accomplishing the prior step.
Never cite a case in your brief unless you have read it in
its entirety and thoroughly understand it.
Keep the weight of authority in mind. Some authority
will be more persuasive than others. Cases and statutes
are more persuasive than secondary sources, a holding of
a case will have more authority than dictum, and binding
authority will be more persuasive than that of other
jurisdictions.
THANK YOU