FRESHERS MOOT COURT COMPETITION-2017

BROCHURE

Table of Contents

S. No. Particulars Page No.

1. Invitation 1

2. Moot Proposition 2-3

3. Important Dates & Registration 4

4. Rules for the Competition 5-7

5. Miscellaneous 8
INVITATION FOR THE 1ST FRESHERS MOOT COURT COMPETITION- 2017

To give exposure to students pursuing law courses to the environment of the court
system in India, to hone their advocacy skills and to provide a real life experience cum
training in doing cutting edge research, presenting ground breaking arguments and
contributing to the development of jurisprudence in concerned areas of law the Moot
Court Association is pleased to announce that it is going to conduct the FRESHERS
MOOT COURT COMPETITION on 18th March, 2017 for the FY B.B.A.-LL.B.(Hons.)
batch exclusively at Thane Sub Campus.

The competition shall be compulsory for the FY B.B.A.-LL.B.(Hons.) students of the

School of Law.

The competition will also witness presence of some of the best legal luminaries, which
certainly will prove to be a great learning experience. We wish all of you a great luck
and look forward to your participation.

Thanks and Regards,

Moot Court Association

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 MOOT PROPOSITION

1) Maunish and Salil are neighbours with a wooden fence separating their gardens. In
Maunishs garden there are flower beds adjacent to the fence while Salil grows
vegetables adjacent to the fence in his garden. In an attempt to eradicate the weed in
his flower beds, Maunish purchased a powerful weed killer spray called Hit-Fit on
25th Dec, 2016. The canister of the spray stated that Hit-Fit was poisonous to
human beings and pet animals and also clearly stated Wash hands thoroughly after
use.

2) On the evening of 26th Dec, 2016 Maunish sprayed Hit-Fit liberally on his flower
beds. However, in the night of the same day, there was heavy rainfall. As a
consequence, rain washed some of the weed killer under the fence onto Salils
vegetable patch. The crops of cucumber and carrot growing there showed no visible
signs of damage. The next day Salils thirteen year-old son, Sameer, demanded his
mother Sakira to cook gajar ka halwa for him.

3) Sakira, to fulfil the demand of her son, brought some carrots from the garden for
cooking gajar ka halwa. After eating the delicious gajar ka halwa, Sameer began
to complain of stomach pains, fell seriously ill and was admitted to hospital. The
medical evidence conclusively traced the cause of the illness to the chemicals in the
weed killer.

4) An action was brought on Sameers behalf by Salil against Maunish based on the
rule in Rylands v. Fletcher. The Hit-Fit Pvt. Ltd., the manufacturers of the weed
killer, were also impleaded as the second defendant. The action against Hit-Fit Pvt.
Ltd. was, however, struck out and there has been no appeal on this point. At the first
instance Khanna J. held that the claim failed on the grounds that the use of the weed
killer was a natural use of the land and that the rule in Rylands v. Fletcher could not
apply.

5) On an appeal, the High Court of Mumbai dismissed the case, although Salil was
granted leave to appeal to the Supreme Court of India on the following grounds:

a) Whether the use of the weed killer was a non-natural use of Maunishs land?
b) Whether rule in Rylands v Fletcher could be used to obtain damages for personal
injury?

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c) Whether the rejection of the claim against the manufacturers by both the courts
below was wrong in law?

Note- The participants are free to include more issues along-with the abovementioned
issues.

Date of the competition- 18th March, 2017

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1. ELIGIBILITY FOR PARTICIPATION

1.1 The Competition is open to all students of FY B.B.A.-LL.B.(Hons.) .

1.2 The Team shall comprise of a minimum of two Members and a maximum of three
Members. In a Team comprising of two Members, both the Members shall be designated as
Orators. In a Team comprising of three Members, the third Member of the team shall be
designated as Researcher.

2. REGISTRATION

2.1 Each team shall register with the MCA. Registration is a one-step process. Complete
your registration here - https://goo.gl/forms/I8YOep79x2xTAoJO2

2.2 Registration will be open till March 2nd, 2017.

2.3 The teams successfully registering will be provided a Team Code.

2.4 Draw of lots will be held on 17th March.

2.5 A Team that has registered pursuant to Rules 2.1 and 2.2 shall not be to allowed change its
composition under any circumstances whatsoever. Any changes with respect to the team
composition shall result in disqualification from the Competition.

2.6 Date of Competition 18th March, 2017

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 RULES FOR WRITTEN & ORAL SUBMISSION

3. WRITTEN SUBMISSION

3.1. Each Team is required to prepare a Written Submission for both the parties.

3.2. Each Team is expected to research for such additional material on its own. The teams may,
under no circumstance, take advice or assistance of any kind pertaining to the Case from any
other Team in the Competition.

3.3. The Written Submission shall not, in any way, disclose any fact pertaining to the identity
of the Team or its members. The Written Submission shall be identified solely by the Team
Code assigned by the MCA.

3.4. Teams shall also submit 4 hard copies of the Written Submissions for the both side by
March 17th , 2017 (Latest by 1.00 P.M. IST).

3.5. The Written Submission shall consist of the following mandatory heads:
[i.] Cover Page
[ii.] Table of Contents
[iii.] List of Abbreviations
[iv.] Index of Authorities
[v.] Statement of Facts (not exceeding 2 page)
[vi.] Issues Raised
[vii.] Summary of Arguments (not exceeding 3 pages)
[viii.] Argument Advanced (not exceeding 15 pages)
[ix.] Prayer (not exceeding 1 page)

3.6. The Written Submission should not exceed the maximum limit of 30 (Thirty) pages in
length, including the Legal Pleadings.

3.7. The Cover Page of each Written Submission must contain the following information:
[i.] The Team Code in the upper right-hand corner
[ii.] The year of the Competition
[iii.] The name of the Case
[iv.] The party for which the Written Submission has been prepared.
[v.] Name of the forum resolving the dispute.

3.8. The Written Submission (including the preliminary pages) shall be typed on A4-sized
paper, with the following mandatory specifications:
[i.] Font type: Times New Roman
[ii.] Font size: 12

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[iii.] Line spacing: 1.5
[iv.] Body of text: Justified ( Ctrl+J)
[v.] Margin of 1 inch on each side.

For Footnotes, the formatting specifications shall cite authorities in the Written Submission
using footnotes following the Bluebook Method of Citation (19th edition) and the following:
[i.] Font type: Times New Roman
[ii.] Font size: 10
[iii.] Single spacing
[iv.] No additional space between 2 footnotes

3.9. The Written Submission shall not contain any annexure, photographs, graphs, diagrams or
any other representation of like nature.

3.10. Footnotes should be limited to only citations or any other information relevant to the
arguments. In no event shall footnotes contain extra or irrelevant information and in no case
shall footnotes contain arguments.

3.11. Presentation of the Written Submission

3.11.1 The Written Submission shall be spiral bound only.

3.11.2 The following colour schemes shall be followed for the Cover Page of the Written
Submission: Petitioner BLUE and Respondent RED.

3.12. Any written submission violating any of the specifications mentioned above will lead to
disqualification.

3.13. The maximum scores for the memorial shall be 100 marks. The memorials shall
be evaluated on the following criteria and any noncompliance with above criteria shall
result in penalty of 2 marks per missing section.
Knowledge of Law and Facts 30 Marks
Proper and articulate analysis 20 Marks
Extent and use of Research 20 Marks
Clarity and Organization 20 Marks
Grammar and Style 10 Marks

4. ORAL SUBMISSION
4.1. Each team will get a total of 15 minutes to present their case in preliminary round while
it would be of 25 minutes for final round.

4.2. Any time exceeding the allotted time shall be only at the discretion of Judges.

4.3. The division of time per speaker is left for the discretion of the team.

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4.4. The oral argument should be confined to the issues presented in memorial.

4.5. The researcher (if any) shall be present with the speaker during the oral rounds.

4.6. Passing of notes/chits to the speaker by the researcher is allowed.

4.7. Maximum scores for the oral rounds shall be 100 Marks.

4.8. The participants shall be mandatorily abide by the dress code a prescribed by the
Bar Council of India.

4.9. Strict Adherence to Court Manners shall be observed by all the participants.

4.10. The oral rounds shall be judged on the following criteria:

Knowledge of Law 20 Marks
Application of Law to Facts 20 Marks
Ingenuity and Ability to Answer 20 Marks
Style, Poise, Courtesy and Demeanour 20 Marks
Time Management 10 Marks
Organization 10 Marks
TOTAL 100 Marks

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 MISCELLANEOUS

4.11. FINALITY OF DECISION

The decision of the judges with regard to the outcome of the rounds shall be final.

4.12. CLARIFICATIONS
All clarifications/inquiries regarding the Moot Problem should be sent to
mca.mutc@gmail.com .
No questions/clarifications over phone/ any means other than e-mail shall be entertained.

5. PRIZES
Categories:
i. Winner
ii. Runner Up
iii. Best Memorial/Researcher
iv. Best Speaker
v. Certificates will also be issued to all the participants.
vi. The top 2 teams will be will be given first preference to choose between various
Moot Competitions organised by different Colleges/University

6. OTHERS
6.1 Date and Venue: The 1st Freshers Moot Court Competition shall be held on 18th of March,
2017 at School of Law, University of Mumbais Thane Sub Campus.

6.2 Dress Code: The Dress Code for the Moots is proper lawyer attire i.e. White Shirt, Black
Trousers, Black tie, Black shoes and Black Coat/Blazer for males . Females may wear
Indian Formals i.e. a combination of white and black. However, they must also wear a black
coat/blazer.

6.3 Language: The official working language of the Competition shall be English.

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For more details please contact:

Student Coordinators (Moot Court Association)

Swati Warrier : 9819757982

Tanya Gupta : 9503734955

Or email us at : mca.mutc@gmail.com
Webiste : mcaschooloflaw.weebly.com

ALL THE BEST