Theoretical overview
MOOT-COURT VERSUS ORDINARY COURT
- Ordinary Court is a real court while Moot Courts are artificial courts.
- Decisions of Ordinary Courts are binding on the parties while the decision of Moot Courts is of no legal importance.
- Moot Court is an artificial court organized by the student of law in the campus while Ordinary Court means a real court. It is established under the statute for the advancement of public justice.
- Moot Court does not exercise any judicial or quasi judicial power. Ordinary or real courts have judicial power to adjudicate the rights of parties to provide them justice.
- Ordinary court is a place where justice is administered but in Moot Courts no justice is administered.
- In Ordinary Courts cases are decided in judicial manner it decides disputes between parties but Moot courts have no such powers.
- Ordinary courts provide remedy to the affected person/party while Moot Court is an imaginary court therefore it has no such powers.
- In courts parties are entitled to be heard as a matter of right while Moot courts have no power to entertain the case of actual parties.
- Ordinary courts are conducted according to procedure established by law. Its proceedings are binding on the parties while the decisions of Moot Courts do not bind either party.
- Court is well defined term. According to Section 20 of Indian Penal Code – The words’ Court of justice’ denote a judge who is empowered by law to act judicially alone, or a body of judges who is empowered by law to act judicially as a body, when such judges is acting judicially. But the term Moot Court is not defined in any statute.
- Judges of Supreme Court and High Courts are appointed by the President of India and the Judges of subordinate Courts are appointed by the Governor of States. But in Moot Courts judges are not appointed by either the President of India or Governor of States.
Points to remember
- Ordinary Court is a real court while Moot Courts are artificial court
- Moot Court does not exercise any judicial or quasi judicial power. Ordinary or real courts have judicial power to adjudicate the rights of parties to provide them justice.
- Judges of Supreme Court and High Courts are appointed by the President of India and the Judges of subordinate Courts are appointed by the Governor of States. But in Moot Courts judges are not appointed by either the President of India or Governor of States.