How to be a Good Mooter? - Memorial Writing - Part II

How to be a Good Mooter? - Memorial Writing - Part II

In this post, we will discuss some of the other significant parts of any memorial:

  • Statement of Facts: This is something which is often undermined by most of the people, but I prefer to you all do not give lose marks in this part. So, there are few things to keep in mind while writing a statement of facts, which are as follow: 
  1. Firstly, it is not just copy-paste of the factsheet.
  2. You can make it sound favourable to the party for which you are presenting the memorial.  However, it is vital to note that it is not preferable to distort the facts, which amounts to be unethical. It may also lead to destroying the credibility of your arguments. So, it should make sure to not lose points in the statement of facts.
  3. There are different approaches to write a statement of facts. Sometimes it is structured as factsheet and sometimes as a broad heading. 
  4. Limit it to a maximum of 2 pages, if nothing is mentioned about the word limit for the statement of facts.

  • Question Presented: It is the issues of the question. Always use the same language as the moot problem. 

  • Summary of Pleadings: It is self-explanatory; however, there are few points to keep in mind while writing it:
  1. Do not just copy-paste headings which are mentioned in the Pleadings.
  2. Do not state any authority and explicit facts of the case.

  • Prayer: Depend upon issues. Here, the author should assert the demands. Also, do not forget to sign at the right-hand corner. 

  • Footnotes (Why and When?):  Important points to note.
    1. The rationale behind footnotes is to add authority.
    2. Always check the citation while cross-citing it from other sources.
    3. Use good authorities (do not use authorities like Shodhganga, Wikipedia, et al.)
    4. Always figure out footnotes while researching to avoided panic at the last time.
    5. Always use only reliable sources - focus on primary sources (Also, in cases, where you are citing any secondary sources, try to look for the original source of that information).
    6. While citing cases, look upon the bench strength (to check its credibility) and also see whether the case has been overruled or not. A quick tip: Use Ctrl+Alt+F for footnoting

How to be a Good Mooter? - Memorial Writing - Part II

  • Other points to be noted:
  1. Footnotes and case citation are not equal to the arguments (One is not the alternative of other).
  2. Just by citing an authority, your pleading is not completed.
  3. You must explain the laws in simpler language.       

  •  How to jump from average to an excellent memorial?
  1. Lucidity in language: Do not use flowery language
  2. Use short sentences: Sentences should not exceed 25 words, unless absolutely necessary. 
  3. Prevent reader from going back and forth - Restate the proposition or line which you want to refer.
  4. Connection between sentences and paragraphs should be maintained.
  5.  Check grammatical and spelling mistakes.
  6. Use active voice.
  7. Precedential System: Be careful of the court's bench 
  8. Avoid Inconsistencies: For instance, uniform usage of British English or USA English throughout the memorial. 

How to be a Good Mooter? - Memorial Writing - Part II

  • Other General Points:
  1. Read rules of the competition carefully.
  2. Give yourself enough time to write (Draft the memorial side by side while researching).
  3. Keep word count in check.
  4. Do not plagarise - quote it (If it exceeds 40-50 words put it in other paragraph).
  5. Do not get intimidated. 
Thank you for reading this blog and we will come very soon with a new blog on how to be good at speaking during your speaking rounds. Also, if you have any suggestions, you can put that below in the comment section.

You can also go through our earlier blog on Mooting where we have discussed how to write your arguments and its structure. Click here to read the same

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