Vande Matram! Moot Court is a practical subject of Law. Many a times you have to perform Court Proceedings in your practical exams. For that many problems are given to you from your college and you have to represent your case either from side of plaintiff / applicant or from side of defendant / non-applicant. The moot court practical gives you experience of actual court proceedings.
Also you
have to appear for a viva-voce for the subject. In viva-voce the examiner may
ask you about the cases you have observed during your training with a law firm
and some questions about the general things may be asked. Here are some short
questions and answers which may be asked apart from problems of moot court you
have solved or cases you have observed during your training with a law firm.
Q1) What is
a civil case?
Ans. A
civil case is a legal dispute between two or more parties.
Q2) When
the process of a civil suit starts?
Ans. The
process starts when someone files a lawsuit (plaintiff) against a single person
or group of people (defendant).
Q3) What is the purpose of a civil suit?
Ans. The
purpose of a lawsuit is usually to win compensation for damages, injuries or
money that is lost as the result of an action taken by the defendant.
Q4) Enlist
the types of civil suits?
Ans. The
types of civil suits are A) Tort claims (injuries), B) Breach of contract
claims, C) Equitable claims, D) Class action claims, E) Complaints against the government,
etc.
Q5) What is
meant by the complaint against the government?
Ans. If
civil rights of a person are violated by the actions, orders of the government
then he can approach to the Court for compensation for such violation of his
/her civil rights, such a complaint against the orders or actions of the
government is called as the complaint against the government, e.g. reservation
of a land having private ownership for public purpose under the Maharashtra
Regional Town Planning Act, 1966 and non acquisition of such land within 10
years from publication of Development plan of the city.
Q6) What is
meant by class action suit?
Ans. Class
action suit is similar to tort case, except the “plaintiff” is actually a group
or class of people. The “defendant” is often a corporation that is accused of
negligence or intentional acts that caused many injuries, e.g. a company that
exposes people to hazardous substances and claim for damages by such people is
class action suit.
Q7) Explain
equitable claims.
Ans. With
equitable claims, the plaintiff asks the court to order a company or individual
to refrain from doing something, which is known as an injunction. This type of
case is not about a monetary reward for a past injury but is done to prevent a
future harmful act. Equitable claims might ask the court to stop a developer
from building a commercial plaza in a residential area, or ask a beef seller to
shift his shop from residential area of pure vegetarians to the residential
area of non-vegetarian people, etc.
Q8) Explain
breach of contract claims
Ans. This
type of civil claim involves a dispute over a contract. Contract disputes can
involve multiple businesses or individuals. Any partnership or client
relationship relies on a contract to ensure both parties do what has been
promised. When one party breaks the agreement, for any reason, a lawsuit is
often the result, e.g. non-execution of sale deed of an immovable property as
per the conditions of agreement to sale.
Q9) Explain
tort claims.
Ans. Tort
claims might be filed against a business or an individual and involves
accusations of alleged negligence. In this case, the plaintiff asks for
punitive damages to compensate for medical bills, lost time at work or money
spent replacing damaged property, e.g. fraud, defamation, emotional distress,
invasion of privacy, etc.
Reference:
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