Moot Court

KRISTU JAYANTI Law College has vibrant and active mooting culture therefore it believes that mooting is an important activity for each law students. Mooting offers students the opportunities to undertake dedicated and meticulous research, practice their court craft, and also gain a primary hand experience of dispute settlement process. As an area of educational exercise, students are prepared with the assistance of college members to participate in National also as International level court Competitions. this is often through with a view to provide global exposure to the scholars to accord their talent, proves to be an excellent exercise to assist gain perspective, skills to become industry relevant and future ready.

In order to become a successful lawyer, it's essential for a student to understand the way to apply the law and to possess awareness of the principles and therefore the etiquettes of the Court. court competitions are just like the laboratories of law schools where theoretical knowledge is tested in real world situations. to realize above stated object, the KRISTU JAYANTI Law College, Bengaluru has been facilitating continuous training to the law students to participate in court competitions organized by various universities and law schools throughout the territory of India.

Following are the Committee Members of MOOT COURT

1

Prof. Rajiv Gopinath

2018-2019

2

Prof. Mahesh S. Betasur

2019-2020

3

Prof. Binnesh Kumar

2019-2020

Mock Trial Problem:
Mr. Dilip Khanna, a MBA graduate and owner and CEO of M/s Khanna Oils and Petroleum Inc. got married to Ms. Nidhi Aurora – a MBBS graduate, on 11-Nov-2007 at the Palace Grounds Convention Hall, Bangalore. Before the day of the marriage, Dilip and Nidhi entered into a contract that for the first 10 years of their marriage, Nidhi shall be a homemaker to take care of Dilip and his parents and not be employed anywhere as a medical practitioner. The agreement further specified that, after the first 10 years of the marriage, Nidhi would be entitled to 50% ownership of Dilip’s Company. However, during this duration of 10 years, Nidhi had practiced medicine several times without Dilip’s knowledge. However, Dilip came to know about this at around mid-Sept 2017 after which Dilip became furious over his wife which led to several arguments between the couple. This led to a stage where Dilip and Nidhi were not talking to each other for several months.

Rajesh was a close friend of Nidhi. Nidhi started to share her difficulties to Rajesh and Rajesh tried his best in consoling her. This went on for a few months. And one day i.e., on 12.12.2017, Dilip came home from work and found out that his parents had not had their dinner yet. On asking where Nidhi was, his parents replied that she was in her friend Rajesh’s home. Dilip went to Rajesh’s house where he found Rajesh and Nidhi dancing to some romantic music. On seeing such a sight, Dilip lost his cool and attacked Rajesh under the impression that he was in an affair with Nidhi. The chaos in Rajesh’s house caused distress to the neighbors. One of the neighbors contacted the police who came to the scene shortly.

After this, Nidhi moved to the house of parents and until today Dilip and Nidhi have been living separately. Meanwhile, Nidhi also filed for divorce before the Family Court under Sec. 125 of CrPC, 1960 and claimed 50% ownership of M/s Khanna Oils and Petroleum Inc. as per the contract the couple had entered before their marriage. The matter is listed before the Family Court for hearing.

Mock Trial Team:

Student Name

Character’s Name

Character

Jaic Tom

Dilip Khanna

Husband

Anoushka

Nidhi Aurora

Wife

Pranav K

Vikas Khanna

Husband’s Father

Amalu

Gita Kumari

Husband’s Mother

Shrikanth

Ramesh Aurora

Wife’s Father

Chelsea

Savita Aurora

Wife’s Mother

Malavika

Ms. Malavika

Husband’s Advocate 1

Abishek R

Mr. Abhishek

Husband’s Advocate 2

Shraddha

Ms. Shraddha

Wife’s Advocate 1

Riya

Ms. Riya

Wife’s Advocate 2

Gregory

Rajesh Shukla

Enticer

Shiva

Chinnaraja

Enticer’s Friend

Vishnu

Alex

Neighbor 1

Hasita

Gowri

Neighbor 2

Tanishq

Rudrappa, SI

Policeman 1

Raghubir

Kalegowda, SI

Policeman 2

Manoj

Chandru

Court Clerk

Sanjay

Bettaiah

Court Officer

Krishna K

Krishna K

Researcher

Muhammad

Muhammad

Researcher

Reesha

Reesha

Researcher

Komal

Komal

Researcher

Sanjana

Sanjana

Researcher

Kristu Jayanti College of Law’s maiden Mock Trial began with the guest lecture by Mr. Vineet Bhat, advocate in Nyaya Samvada who gave the students several tips as to how to how to participate in a Mock Trial situation and with the support of the Principal of Kristu Jayanti College of Law, Prof. Dr. Mohan Rao Bolla and the guidance of the faculty coordinator Prof. Rajiv Gopinath the students began establishing the facts of the case with relevant evidences.

The entire Mock Trial process was split into two stages namely, i.) Pre-Trial and ii.) Trial

i. PRE TRIAL
Once the facts were established, the characters began practicing and rehearsing for a play where the facts were portrayed. And so, the team performed the play on 26.04.2018, thus helping everyone to be well versed with the details of the case.

ii. TRIAL
The MOCK TRIAL was scheduled to be conducted on 10.05.2018 and all the researchers prepared for it. During this preparation, the students developed their skills in public speaking, effective research methods, drafting simple agreements, understanding the procedure of Trial in courts, etc.

The MOCK TRIAL was conducted on 10.05.2018 with the following stages of trail:

Summary/Summons from the court.
First Hearing/Facts.
Filing of Plaint/ Summary of the Petitioners Case.
Filing of Written Statement/Reply/Summary of the case of the Respondent.
Examination in Chief of the Petitioner, Petitioners witness, other material and documentary evidence in favor of petitioner.
Cross Examination of the Petitioner.
Examination in Chief of the Respondent, Respondent witness, other material and documentary evidence in favor of Respondent.
Cross Examination of Respondent.
Cross Examination of witnesses.
Event of Witness turning Hostile.
Cross examination of hostile Witness.
Arguments Advanced.
Further Arguments.
Final Arguments.
Order/Judgment.

Summary of observations were noted by students during the demonstration:
1. Jurisdiction of the court for filing the case was analyzed and determination of Jurisdiction.
2. Process of Evidencing and Evidences were discovered.
3. Logical interpretation of Facts and correlation of facts with points of law.
4. Case building: Researching case laws that help the Advocates to support their arguments, facts and Law.
5. Examination-in-chief and Cross Examination: Handling different types of questions and responding to them as a witness.
6. Clarify the doubts/questions raised by the judge regarding the arguments made by the advocates.
7. The researchers found that the case relates to ‘Maintenance of wife, children and parents’ as per Section 125 of Code of Criminal Procedure, 1960.
8. The procedure to file such a case before the Family Court was taken care of and the problems regarding it was tackled.
9. After this, it was followed by Examination-in-chief and Cross Examination, the advocates of both parties asked several questions and counter questions to the witnesses.
10. The advocated objected their opposition when they asked misleading question which was sustained by the Judge when found valid and relevant.

With this the Trial went on with utmost perfection and the mock trial team was able to mimic the exact scenario and working of a real court. Thus, Mock Trial 2017-18 was successful and memorable event to the students and the college.

Mock Trial Report
The 2018-19 classes for Mock Trial Classes were conducted by Prof. Rajiv Gopinath for the students of 2nd Year B.Com., LL.B, B.A. LL.B. and B.B.A., LL.B. In the initial classes a mock problem was given to the students for research and discussions. Subsequently, the students were expected to prepare ideal arguments for the same fit for presentation before a court, in both oral and written.

Introduction:
Mock Trials are usually based on hypothetical cases involving emerging or unsettled areas of law.

Aim and Purpose:
1. To develop trial advocacy skills among students as well as providing practical approach to the legal profession.
2. To provide a real-life experience and training in doing conducting research, presenting ground arguments (oral and written) and contributing to the development of jurisprudence in the concerned area of laws.

About the Mock Trial Problem:
The Mock Trial Problem was based on a missing complaint of a woman, who after investigation was found to be dead. However, she was found dead not in the city where she lived, but the city where she had gone to visit her brother and mother, who are alleged to have killed her. The problem also contained a list of evidences (legal documents based of the facts of the case) that helped the students to draw conclusions and support with respect to an argument. Over all, the mock trial problem was one fit for students to have an experience and understanding as to how a National Level Mock Trial Competition’s problem would be.

Teams:
The students were divided into teams of 3 (2 speakers and 1 Researcher). On the whole, the entire strength of the class was divided to around 35 teams.

Classes Overview:
First, the students learnt the stages of a case (civil & criminal) in order to understand the status of the given problem. This involved discussions the legal procedures to be duly followed by the teams to carry out the trial in both simulation and practice. After this, the students understood as to how to analyze a legal document like FIR, Final Investigation Report, Post Mortem Report, Forensic Report, etc. As classes proceeded, students were pointing out the flaws in the case with respect to both facts and evidences. Next, the students focused towards research on the arguments to be made. Here, each team was reviewed individually in order to help them develop their unique ideas into a strong argument.

Lastly, the students were shown videos on previous mock trial competitions to help them clearly apply what they had learnt in the previous classes and gain some tips to work for in terms of presentation.

Conclusions:
The class proved to be significant for the students to help them with their advocacy skills that the profession needs. And so, the students were able to learn the procedure of a trial successfully.

Name and Details of the Resource Person: Ms. Meenakshi, Research Associate, Rostrum Legal ,Bengaluru
Objective: Orientation on Judgement Writing-Procedure and Practices.
Classes Attended: B.A. LL.B., B.Com LL.B., and BBA. LL.B.
Madam started the session by sharing her experiences in the mooting and judgement writing. She explained the differences between the judgement and order was completely elaborated by her that Judgement is a decision given by the judge at final stage of the cases and the order is given by the judge at the initial and during the course of the proceedings of the case. The purpose served by the judgements was highlighted by her. Detailed discussion was given on the various steps involved in the judgement writing was done by her which includes balancing of facts and evidence , understanding the facts, appreciating the evidence ,hearing the arguments ,reading the statute, looking as to whether there similar proved cases before and then apply the laws. Judgement is evaluated on what reasons you give for the case. She also explained the different contents of the case like name of the court, type of the case, number of the case, provision of the law and parties to the case. Opening of the judgement contains the nature of the case, next stage contains the facts of the case, points for determination contains the charges or the issues of the case, kinds of the evidences submitted, decision arrived under each issue. End of the document contains the signature, name, designation and the date of the judgement. She also advised some tips to the students to how to draft a judgement like to avoid direct quoting from pleadings, reference to precedents, usage of simple language, adding criticisms against the parties and witnesses, reasoning, analysis and communication.M

The session ended with the interaction and the questions asked by the students.

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