STRESSING THE ROLES OF MOOT COURT CHALLENGES IN STUDYING THE LAW

INTRODUCTION

In studying the legal profession, students are demanded to consider the two aspects of law which centers on the substantial law and the procedural law. The areas are important as they provide a basic platform for understanding the law in its wider scope. While the substantial law emphasis on the areas of law eg contract, tort, criminal giving definitions and explanation to their meanings, rules, exception etc, the procedural system involves the means, processes through which these rules are enforced in the court. It further allows for an adversarial and a confrontational proceeding. In conventional institutions where the profession is taught, the moot court scenario reflects the procedural court room tradition.             The moot court session is comprised of series of legal challenges on areas of laws and their development in an academic constituted court. The moot court therefore, is an arrangement which replicates the day to day court activities, setting and structures largely represented by learning colleagues. it creates an environment where students can assume the court room responsibilities ranging from the duty of the presiding judge to the Clark or other court personnel with a fair and sometimes an excellent understanding of the area of law been considered. The system also explains the framework of the legal profession through series of legal participation which cuts across brief writing, presentation, research, case review, sentencing etc. moot court challenges assures a sustaining career development and studying the law, a more comparative and practical process.

NATURE OF THE MOOT COURT

In our today's growing society where protection of human right has become fundamental thereby projecting a more civilized and orderly democratic system, the court by its nature is regarded the most visible and acceptable forum outside other alternative dispute resolution platforms where these rights can be best protected. The court been the most visible symbol of the legal system, certainly allows every case of human right violations to be entertained by legal representations. The moot court scenario assumes an express replication of the court. This is because, the process exemplifies series of legal challenges which rotates the court room action, it provides a fair ground for representing counsels to argue on their cases as it best protects their rights. In the moot court session, the reality of the court room activities is however limited for academic purposes. In explaining this, parties are given areas of laws to consider, organizing themselves in a clear representation of the plaintiffs and defendants. These parties are expected to act in accordance with the court room roles apportioned to them, understanding the legal effects in the areas played. They are subjected to argue on the subject matter as it suits the interest of their client and a fair expression of justice. Moot Court is the term given to an appellate argument.  The participants must be persuasive in laying their points before the presiding judge. This indeed requires a lot of adversarial skills which helps such person clearly prove a prima facie case. In doing this, the participant must consider various legal sportsmanship behaviors recommendable for a successful legal practice. Legal sportsmanship behaviors are attitudes, skills that enhance the building of legal capacities. Thus, enabling the participants to organize their case considering the issues bothering the situation, the areas of law affecting them, and a clear conclusion with supportive legal reasoning. A case of negligence for instance will demand the plaintiff prove the various elements which amount to such tort. Here, the plaintiff must establish that the defendant owed him a duty of care, which such duty of care was breached and the breached amounted to liabilities which he suffered. Where these factors are not proven, there can be no evidence in order to sue for damages. The plaintiff therefore is burdened with the burden of proof. However, sometimes the burden of proof in such case may not rest on the shoulders of the plaintiff, the doctrine of res ipsa loquitor(the facts speak for itself) if found in the said case , shift the burden of proof to the defendant. In real sense, the burden of proof lies on the defendant except in few cases. Secondly, legal sportsman behavior encourages observance to legal ethics and conducts. There are several laws on legal behavior in respect to the duties owed to clients when been approached to be represented on their behalf on a matter, the participant must be informed on the areas of laws, the subject matter and how to give the best advice to win the case. Understanding the laws involved in the situation is crucial as it guides the student on the possible ways to prove the case.  An excellent student puts up a case considering case studies, relevant laws and surviving legal opinions which have served time and recommendable as legal authorities. Writing of a brief is an opportunity which the participant must develop; it will encourage a clear submission and a well case presentation. A brief which suffers from ambiguity and unclear argument may be disregarded thereby creating lesser chances in winning the case. Also, on the behavior of parties as regards to courtroom rules, the moot court system accepts an ethical behavior which all parties are obliged to protect, every representing counsel must put on the court room dress court if he must be involved in the process. A decent dressing style is encouraged as that may improve the chances of gaining a high score for that and for the purposes of laying a foundation for the demands of the court room dressing conduct.  A legal sportsmanship behavior extends to the observance of the rules of the court. The presiding judge may be furious with an indecent behavior of a counsel and may punish such person for an offense of contempt of court. These create demands for a decent positioning while approaching the court.

STRESSING THE ROLES
The importance of the moot court session among law students is paramount and worth exploring. This advantage has shifted students reasoning to the procedural system which reflects the practice of the court and off course the real challenge. For there to be an encouraging factor which the students must accept as been practical and useful, they must appreciate such and inculcate it as a necessary style, culture. Among the various roles, the following will be considered;   

 DEVELOPING  LEGAL SKILLS AND KNOWLEDGE

What distinguishes a good legal performance in the moot court session and of course high scores when such act is recorded includes the various sportsmanship skills which the representing counsel must have considered while presenting his case. The demands of legal technicalities are often much considering the necessities creating them, and their relevance in a case. There are basic skills which the system mainly centers on. Most participants of the moot court challenge often face the difficulty in performing a good oral presentation during the adversarial process; an oral presentation constitutes an important behavior which is distinct and necessary for the participant through a continuous legal presentation. while some students need not go extra miles doing strenuous practices, constant review and final preparation for the challenge due to their gowned skills in this aspect, others must consider a day to day exercise as sufficient to meet up an early stage responsibility owed to the practice,  presenting a case requires an outspoken student who can explain a fact, state the law and organize his thought in concluding on a persuasive argument. The moot court challenge as earlier stated, presents a frame work of what such students should expect in the court room thereby allowing him the grounds to participate. a student’s oral presentation improves when he allows a more practical language which surrounds the environs of the law. The languages used and their effectiveness in the presentation, court languages gradually becomes familiar enabling the student make use of words relative to the profession. Oral presentation as a skill attributable to moot advantages creates more certainty in a counsels ability to communicate his case. Secondly, the secret behind successful cases which explains in details the claims in a case is the quality of information contained in the brief, the extent of clarity, choice of words, construction and the ability of the brief to communicate a point. The moot challenge provides the participant the opportunity to engage in the act of writing of brief for or against the interest involved. This enables him argue both sides of the case, creating a sense of the dual argument pattern of the course. Interestingly, students who act as plaintiff in a presentation are allowed to play the role of a defendant in other arrangements. The process equip them to base their written submission in a more factual manner, defective brief are questioned and not scored. It sometimes reveals the unpreparedness of such representatives. Constant participation in the sessions helps an average student consider and review his work to arrive at a good presentation. Writing skill is a day to day activity in preparation for moot challenges, the work must express in precise terms, the submissions of the counsels to the court, and it must be able to explain what is claimed and their legal recommendations on the actions to take. Finally, committing into moot challenges also helps the student develop research skills. Research is important in that, it allows the student explore information relevant to his case. law affects several areas of the societies and so the need to establish such skill of seeking information on relative ideas, opinions , case study and recent developments are necessary. Also the development of the law relating to comparative laws which affect some international laws needs to be acknowledged in other to put up a supporting authority for a case. Reforms have become the major reason why adopting this skill has become a necessity. A good mooter will save the day if he is aware of the relevant law affecting his case without making mistakes of stating an overridden judgment, the need for this awareness is the advantage which a constant moot court challenge is ready to provide. Engagement in the process ensures that a student considers other authorities from another appreciate the setup of an argument with various opinion writers and give a conclusion which understands. Research widens the understanding of a student on a subject matter, it spices a brief with facts, evidences and opinions with concluded reservations.

RULES OF LEGAL ETHICS AND BEHAVIOR

The legal practitioner is an expert whose services and expertise are required by members of the public. He is expected to maintain the highest standards of professional conduct, etiquette and discipline in the discharge of his duties. In addressing himself as a legal practitioner he represents to those who depend on his professional advice and other services that he has the requisite acumen and expertise. For this reason, under the general common law and the rule in HEDLEY BYRNE & CO LTD V. HELLER & PARTNER LTD, the lawyer can be held liable for professional negligence. The moot session, show case some necessary guild lines to legal ethics and behavior, it helps the representative to be acquainted with the rules of the court and to take necessary precaution in handling court room matters. A student may be charge for a contempt of court if his conduct is against the rules of behavior. Also, the student understands his responsibility to his client and his necessity in defending the case. This act is mostly encouraged during moot sessions as it allows the counsel take responsibility in the representation of his client. Students who are reckless about court room dressing will have to pay dearly either through an opponent commenting on such behavior or the judge making decisions affecting the student. Rules of legal ethics and behavior are developed through the moot sessions thereby encouraging the preservance of the standard and demands of the court.

LEARNING THE POLITICS OF LAW

Understanding the nature of law is sine qua non in developing the ideal skill of the law students, the law is made up of various areas which compliment or overlaps at some points, the relationship in this tends to create an interplay of legal principles even with the consideration of exceptions. The moot court session exposes the students to the diverse areas of law, the rules surrounding them, the exceptions and how they are used. It explains to the student what must be proved and the effectiveness of such legal principle or rule in the giving case. The politics of laws surrounds the confrontational display that happens in the court room and the tactics adopted by counsels in finding the best law that suits the case. Overtime, there have been good reasons expressed by defending counsels to upturn the common use of legal principles by introducing some effects of judicial creativity in such a case, hence, the politics of law. Where this is applied, there is a strong onus on the court to reconsider the reasoning which creates a persuasive effect, capable of reviewing the law to affect such demanding area. Constant involvement of law students in the moot challenge develops their ideas and a wide understanding on these principles, exceptions and how to formulate an idealistic position of the law on whatever issue to be considered. Law students have various skills to adopt either in the class room or at moot court sessions. The growing demands of understanding the role which the politics of law plays in this circle is becoming increasing relevant. It most importantly gives the student a varied understanding of such area of law and how it can be worked upon to suit a particular case in question.

In conclusion, the law student must be encouraged either directly or indirectly on the needs to partake in this legal challenge among fellow students. Apart from the demands by the Nigeria Law School to make it a necessity among law students and subsequent grading of performances, students who appreciate this platform are made to stand tall while addressing key legal issues at their level. The growing legal society with comparative legal system will be fully encouraged when law students acknowledge this legal foundation.


written by: Mube Ajuri Wilo