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Unit 1: The Moot Court and the Criminal Moot File (Course Orientation)
1.1 What is a Moot Court?
A moot court is a simulated court proceeding. Students argue an imaginary case before a simulated bench. The procedure follows real court practice. The client is imaginary, so no real person bears the risk. The skills are real: drafting, argument, and courtroom discipline. In this course every problem is a criminal case. The bench asks questions like a real judge. The mooter must answer with law and courtesy.
1.2 The Course’s Three Components (the Syllabus’s Own Design)
- The moot court — preparation and argument of a criminal case problem.
- The hearing preparations — interviewing clients and preparing the case file.
- The participation in trial proceedings — attendance at real or simulated criminal trials, and learning the courtroom’s live rhythm.
1.3 The Evaluation Scheme (40–10–50)
The criminal moot file carries 100 marks in total.
- 40 marks (40%) — internal evaluation by the class teacher.
- 10 marks (10%) — viva-voce before a 3-member committee. Each member must have at least 10 years of experience in teaching law, law practice, judging, or public prosecution.
- 50 marks (50%) — evaluation by the external examiner.
The moot court file must be submitted with the examination form for external evaluation. The lesson is simple. The file is the course. The marks live in the documents’ quality, the presentation’s discipline, and the timeline’s respect.
1.4 The Criminal Moot File’s Anatomy (the Checklist)
| No. | Part of the file | What it shows |
|---|---|---|
| 1 | Cover page and index | Professional first impression |
| 2 | Moot problem copy and cause title | Parties, case number, court |
| 3 | The pleadings set | FIR/complaint, charge-sheet or application, defence/reply (Units 2–3) |
| 4 | The applications set | Bail, review, execution (Unit 5) |
| 5 | Documents and annexes | Evidence list with exhibit marking |
| 6 | Written submissions (memorial) | Issues, arguments, authorities (Unit 6) |
| 7 | Vakalatnama / power of attorney, consent papers, sakarmana | The mandate papers (Unit 4) |
The bundle must be paginated, tagged, and neat. Craft earns marks.
1.5 Criminal Procedure’s Map (Where the Moot Sits)
A criminal case in Nepal moves through fixed stages: commission of the offence; First Information Report (FIR) or complaint; investigation by police under the Muluki Criminal Procedure Code, 2074; arrest and production before the authority within 24 hours (Article 20(3) of the Constitution); charge-sheet (abhiyogpatra) by the government attorney; trial before the District Court; appeal to the High Court; and appeal or review to the Supreme Court. The moot problem will place the student at one of these stages.
| Court | Constitutional basis | Role in the criminal chain |
|---|---|---|
| District Court | Art 148, 151 | Trial of offences; habeas corpus |
| High Court | Art 139, 144 | Appeals and writs |
| Supreme Court | Art 129, 133 | Final appeals; writs; review |
Exam Focus (the Viva’s Likely Questions)
- The moot’s purpose, roles, and difference from a real trial.
- The three components and the 40–10–50 scheme.
- The file’s seven parts and the submission-with-exam-form rule.
- Where the criminal moot sits in the criminal procedure chain.
Model Questions (Practice Tasks)
- Prepare a cover page and index for a criminal moot file on a theft charge.
- List the stages of a criminal case and mark where a moot problem could begin.
- Draft the one-page orientation note a class teacher would give on the 40–10–50 scheme.
- Short notes: (a) moot court; (b) abhiyogpatra; (c) the viva committee’s composition.
📚 Get the complete notes: Download the full Moot Court-II (Criminal) PDF (all units) — Law Info Nepal Original Notes Series.