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yogapaartiban (CONSULTANT)     20 March 2011

MOOT COURT - EUTHANASIA

The following is the moot court topic given to me

"Mr.Ramkumar, aged 82, a retired Army officer residing in Chennai is suffering from Asthama and Paralysis. He has been bed ridden for the past five years. He often complains that his wife and children do not take care of him though he is financially sound. Under these circumstances he approaches the Cheif Medical Officer, Madras Medical College Hospital with a request to terminate hsi life. The Doctor refuses to oblige him on the ground that he is not legally authorised to take away the life of a person. Thereupon Mr.Ramkumar moves the High Court of Madras for a direction to the Government of India to bring in suitable enactment legalizing euthanasia."

 

from the above matter I want to know, how to prepare

  • Statement of facts
  • summary of arguments
  • arguments advanced
  • prayer for releif

I belong to T.N Dr. Ambedkar law college



Learning

 4 Replies

Bhavana Deshpande (advocate)     21 March 2011

to answer your question i want answers to these quesitons

1.for whom are you argueing for?

2. is it only this much that is given to you in facts?

3. have they given you the issues to be answered?

Bhavana Deshpande (advocate)     21 March 2011

remember in any moots assumptions are not allowed but u can presume. to know what a presumption is refer to evidence act.

 statement of facts 'll be the briefing of the problem in your own words+ your presumptions and in paras that are interlinked and organised..the problem given to you will usually be a mixed basket, so in statement of facts you organise it. 

then decide which side you r argueing for, that will tell you what you have to ask the court to do,that is your prayer part.

once you know the prayer then comes your issues. it is as simple as saying what are those things you need to prove to get the court order what you want. these questions, the answers to whch 'll prove what you want are the issues.

after you have framed the issues try answering them, again in paras and organised way. your answers should be based on facts/merits of cases and law and case laws. (usually case laws are the ones you put in foot notes and facts and laws in the main paras.) ths part forms the arguements advanced. this part when summerised 'll become arguements summerised.

for this particular case refer the cases of euthenesia, consti, IPC sucide sesctions and concentrate more on consti

Onkar (MT)     21 March 2011

i would suggest you to read recent supreme court judgement in case of "aruna shanbaug" i.e Aruna shanbaug v/s union of India and ors...

you will get submissions from both the sides though the ultimate judgement may or may not help you...

1 Like

Manju   15 March 2018

I hve d same problem in my moot court.. Can u also suggest me about the question of law...

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