Essential Guide to Formatting a Moot Court Memorial: Structure, Content, and Rules

Sample Moot Court Memorial Format

One of the main tasks of the moot court competition is formatting the memorial. People often use the wrong formatting style, leading to a low memorial score and, eventually, law team marks. This is why there is a specific award for Best Memorial.

Before going into depth about the formatting style, we must understand the structure of the memorial, i.e., the content.

The memorial must begin with a Cover page, followed by a Table of contents, List of abbreviations, Index of authorities, Statement of jurisdiction, Statement of facts, Questions Presented, Summary of arguments, Arguments advanced and Prayer.

COVER PAGE:

  1. The cover page contains the name of the competition, i.e.,

The 2024 XYZ National Moot Court Competition


2. Secondly, it must mention the name of the court before which the parties are appearing with the jurisdiction of the parties, i.e.

Before

The Hon’ble Supreme Court of XYZ

under Article 32 of the Constitution of XYZ, 1950.

3. The name of the parties must be mentioned there (mention number of the appeal/petition, if available), i.e.

Writ Petition No. 00/2024


In the matter of

Mrs. ABC                                                                                               …PETITIONERS

V.

Mr.  CDE                                                                                                …RESPONDENT


4. For whom are you submitting that memorial, i.e.

Memorial for the Petitioner

-Petitioner-

5. Mention your Code and other details if necessary.

TABLE OF CONTENT:

Table of Contents lists the contents of the Memorial, i.e.

List of Abbreviations. iii

Index of Authorities. iv

Statement of Jurisdiction  vii

Table of abbreviations 

It will list all the abbreviations (short forms) that you have used in your memorial, including the footnotes, i.e.

AbbreviationFull Form
Art.Article
§Section
Paragraph
v.Versus

Index of Authorities 

Index of Authorities is the bibliography of the memorial. It lists all the statutes, cases, treatises (books), journal articles, reports, and other materials that have been used as authorities in the memorial, i.e.

Cases:

A S Krishnan v. State of Kerala, 2005 SCC (Cr) 612……………………………………………. 1

Statutes:

Constitution of India, 1950, art 22(1)……………………………………………………………….. 12

Treatises:

D. D. Basu, Commentary on the Constitution of India, D. D. Basu (Calcutta, S. C. Sarkar & Sons, 13th Edition, Vol. I, 1955)…………………………………………………….. 12

STATEMENT OF JURISDICTION 

It is a declaration of the court’s jurisdiction in which the petitioners have brought their case. It helps to ensure that it is accurate and crucial for the case’s sustainability, i.e.

Respondent humbly submits this memorandum in response to the Writ Petition filed before the Hon’ble Supreme Court of Baraat under Article 32 of the Constitution of Baraat, 1950.

STATEMENT OF FACTS

Write the facts of the moot proposition in your language by including the essential facts. The facts of the proposition change depending on the parties.

QUESTION PRESENTED

The questions/issues are already mentioned in the moot proposition; copy-paste the questions.

SUMMARY OF ARGUMENTS 

Briefly write a summary of your arguments.

ARGUMENTS ADVANCED

Arguments Advance are the detailed descriptions of each issue. It must explain and support the issue by referring to cases, studies, reports, etc.

The structure is fundamental when writing pleadings. It is divided into two parts: the external and internal structures.

External Structure

  1. Division of Headings: Main argument followed by ingredients of the argument.
  2. Content of Headings: Plain Assertions in your favour (Primary Argument+ Alternate/In Any Case)
  3. Roadmap, i.e.
  1. MAIN HEADING
       1.1 Content of the primary heading
             1.1.1 Subheading of (1.1)

Internal Structure

C- Conclusion: Heading

L- Law: ONLY relevant law [statute, cases]; don’t ignore the procedural laws.

F- Fact: ONLY relevant facts. Make the division with law apparent. Mention any reasonable inference from facts.

A- Analysis: Application of law to facts

C(R)- Conclusion (Reasoned): Assertion+ Legal Reason

PRAYER 

Prayer is the most crucial part of the memorial. It tells the parties’ interest in what they want to seek from the court and what they want the decision to be. i.e,


In light of the preceding submissions, RESPONDENT respectfully requests the Hon’ble Court  to find that:

  1. Write your pleadings –

Respectfully signed and submitted by counsel on 11th September 2024,

On behalf of the Counsel for Respondent.

GENERAL RULES

  1. Always adhere to the prescribed fort, size and line spacing.
  2. Don’t exceed the word limit.
  3. Citation as per the guidelines and uniformity in the citation.
  4. Neat and clean memorial.

For more details on upcoming moot court competitions, visit our Moots page.

Join Our WhatsApp Channel for Opportunity Updates

Get Daily Updates

Join our Telegram Channel for Opportunity Updates

Get Daily Updates

Leave a Reply

Your email address will not be published. Required fields are marked *

Next Article

International Law Theories: Natural Law vs. Positivism


Introduction

After arriving at the conclusion that International Law Theories are essential for understanding global legal systems, it is important to explore their foundational basis. Two main theories of International Law address this:

  1. Theories of Law of Nature
  2. Positivism

Theories of Law of Nature

Overview

Jurists who adhere to the theories of Law of Nature view International Law as a component of a higher legal framework. They argue that states comply with International Law because it is derived from natural law. Starke explains this viewpoint by stating that “States submitted to International Law because their relations were regulated by higher law, the law of nature, of which International Law was but a part.”

Historical Context

Initially, the Law of Nature was linked to religion and regarded as divine law. However, during the 16th and 17th centuries, jurists like Grotius secularized this concept. Grotius posited that natural law represents the dictates of right reason, and his followers viewed International Law as an application of natural law in specific contexts. Notable proponents of these International Law Theories include Vattel, Pufendorf, and Christian Thomasius.

Criticism

Despite its influence, the Law of Nature faces criticism:

  • Vagueness: Different jurists provide varying interpretations—justice, reason, utility—which renders the concept unclear within International Law Theories.
  • Lack of Practical Basis: Critics argue that it does not reflect the actual practices and realities of state interactions, which are essential in the study of International Law.

Influence on International Law

Nevertheless, the Law of Nature has significantly influenced the evolution of International Law Theories. Its idealistic principles continue to resonate, albeit in a less dogmatic form.

Positivism

Overview

Positivism, another key perspective within International Law Theories, contrasts with the Law of Nature by focusing on law as it is, rather than as it ought to be. According to positivists, laws enacted by legitimate authorities are binding. They emphasize actual state practices, asserting that treaties and customs are the primary sources of International Law.

Key Proponents

Bynkershoek and Starke are notable proponents of positivism within International Law Theories. Starke asserts that “International law can in logic be reduced to a system of rules depending for their validity only on the fact that States have consented to them.” Brierly echoes this, stating that international law consists of rules that states have agreed to follow.

The Will of States

The positivist view highlights the concept of state consent. Hegel introduced the idea that the will of states forms the core of International Law Theories. Anzilotti further emphasized the principle of pacta sunt servanda, which means agreements must be kept, as foundational to binding international obligations.

Criticism

The positivist theory faces several critiques:

  1. Metaphorical Will: The concept of state will is considered metaphorical rather than a concrete principle in International Law.
  2. Oversimplification of Consent: Not all aspects of International Law stem from explicit consent; customary laws can bind states without express agreement.
  3. Tacit Agreements: The idea that customary laws arise solely from tacit agreements is flawed, especially as new states automatically adhere to existing customs.
  4. Binding Principles: Certain principles apply to states regardless of consent, such as those outlined in the UN Charter.
  5. Evolving Norms: The norm pacta sunt servanda has been questioned, as not all obligations arise from agreements.
  6. Legal Effects of Declarations: Legal effects stem from rules of law, not merely from declarations of will.

Conclusion

While treaties and customs are acknowledged as the primary sources of International Law, the positivist view may overlook the complexities and realities of state behavior in international relations. Understanding these International Law Theories helps clarify the foundational principles guiding global legal interactions.


Join Our WhatsApp Channel for Opportunity Updates

Get Daily Updates

Join our Telegram Channel for Opportunity Updates

Get Daily Updates

Next Article

Contact Us

For Submitting a Post

contact@lawdrishti.com

For Banner ads & admission campaigns

advertise@lawdrishti.com

Timing

Hours: 9 AM – 9 PM (Mon-Sat)

See the below animation to allow notifications.

Start getting Lawdrishti updates useful for you!

Contact Us

For Submitting a Post

For Banner ads & admission campaigns

Contact us
For Submitting a Post
For Banner ads & admission campaigns
Timing

Hours: 9 AM – 9 PM (Mon-Sat)