Importance of Moot Court in Legal Education

Posted by Asian LAW College (ALC) on July 31st, 2018

One of the most traditional and famous career option when we talk about Law is going for litigation or private practice, as known in common parlance. Law is a right and duty oriented course through which each and every individual get to know about their rights, duties and available remedies in case of infringement of their rights. The role of advocate is of utmost importance when we talk about the modern welfare society as they act as torch bearer for the society. We can judge the gravity of the profession by witnessing the valuable petitions which have beenrecently filed in Supreme Court of India ranging from challenging the age old tradition and custom of Sabrimala temple (Lord Ayyappa) to challenging the legal validity of section 377 (Unnatural Offences)  of Indian Penal Code. The legal profession requires courage, determination and honesty to stand for something which either has been ignored or hasnot been taken to the courts due tothe social stigma it carries.

The required skills and knowledge of practice can be best acquired and improved   by Mooting in College life while pursuing Law. Moot Court is the best way to get the firsthand experience of a real court.  Moot court helps to develop and improve the below mentioned prerequisite skills for a successful legal career: 

1)      Research: Moot Court helps the participant to excel in research. The participants of for and against are required to do extensive research in order to argue their case in front of thebench hearing the matter, with decided precedent of Hon’ble Supreme Court and High Courts. The participants of Moot Court learn to search for relevant cases through various legal online portals like SCC online, Lexis Nexis, Westlaw, J-Stor, Manupatra which help them even when they enter intothe real world of litigation.

2)      Presentation Skills: Moot court helps the participant to get in-depth knowledge of the CourtMannerism. While arguing acase it is not only the facts and arguments that helps to win the case but basic Court craft and Court mannerism also have vital role to play. A lawyer must observe the basic court crafts which creates a healthy relationship between the bar and the bench. Moot Court provides the acquaintance to the participants about the bare minimum standard of Court mannerism which is required in the legal profession.

3)      Application of Law: Moot court helps the participant to apply the law to certain set of facts. It provides an opportunity to all the participants to interpret the law and devise their argument which helps the bench hearing the matter to decideit on the principles of justice equity and good conscience.

4)      Professional Ethics: Moot Court embodies professional ethics. The exercise helps the participant to understand the code of conduct and also trains them on how to handle the opponent colleagues. Moot Court helps to maintain the equilibrium between the two person arguing against each other on same set of facts.

5)      Critical Approach: Moot Court helps in developing critical thinking as participants have to critically evaluate the law and bring them inconsonance with given facts. Moot Court develops the art of interpretation and application amongst the students.

The above stated importance of Moot Court makes its inevitable, and realizing the need and importance of Moot Court,the Bar Council of India has made Moot Court compulsory in both three year LLB as well as five year B.A.LL.B Course.  The modern litigation scenario further makes it obligatory on all law colleges to train the students right from the inception of their legal journey so that they are compatible with the court environment by the time they complete their legal education. Moot Court can be seen as a tool of Clinical legal education which is thereto shape the personality of the young budding lawyers who have taken legal field as their career option.