SCHOOL LEVEL ACTIVITY - MOOT COURT: CYBERBULLYING

CONTENTS

School Level activity - Moot Court: Cyberbullying ........................................................................... 1

Teacher’s Section .............................................................................................................................. 1

Introduction - .................................................................................................................................. 1

Expected Outcomes – ................................................................................................................... 2

Steps for the activity...................................................................................................................... 2

Student’s Section .............................................................................................................................. 3

Print Secion - Reflection Sheet ...................................................................................................... 21

TEACHER’S SECTION

INTRODUCTION -

What is Moot Court?

Moot court is an artificially created arrangement with a get up similar to a real court where student

advocates argue hypothetical cases.

A moot court activity simulates a court hearing (usually an appeal against a final decision), in which

participants analyse a problem, research the relevant law, prepare written submissions, and present

oral argument.

Moot problems are typically set in areas of law that are unsettled or that have been subject to recent

developments. They usually involve two grounds of appeal, argued by each side.

Types of Moot problem –

1. Trial level

2. Appeal level

Benefits of Moot Court/Mooting activity -

Mooting enables students

1. To engage with and think deeply about interesting and topical legal issues,

2. To enhance their advocacy, legal research and writing skills,

3. To work closely with and learn from their peers

4. To demonstrate their interest in advocacy and competence as an advocate to prospective

employers. Most students find mooting to be intellectually rewarding and highly enjoyable.

It can be nerve-racking and frustrating but it is a lot of fun.

EXPECTED OUTCOMES –

1. Students will learn the concept of Justice through experience.

2. Students will gain knowledge and understanding about court proceedings and process to be

followed by judiciary.

3. Students will explore their own viewpoints regarding justice and will identify steps they can

take to promote justice.

4. Students will acquire logical-analytical skills, presentation skills and communication skills.

Time Required – 7 days for preparation, 15-20 minutes for performance and 10-15 minutes for

discussion

STEPS FOR THE ACTIVITY

The procedure imitates that followed in real courts: the judge enters, the mooters and the judge bow

to each other, the clerk announces the matter, the mooters give their appearances and are then called

on in turn to present their submissions, the judge asks questions of the mooters, the court adjourns,

and the judge then returns to deliver a brief judgment and some feedback.

1. Play the video and sensitise students about the problem of cyberbullying and what are the

implications of cyberbullying on a teacher’s life.

2. Explain the problem that the students are going to display through mooting.

Moot problem – Cyberbullying of teachers by students

“Cyberbullying” means deliberately using technology such as smartphones, the Internet,

social media, or gaming environments to harass, humiliate, badmouth, or threaten

someone. Like any form of bullying, cyberbullying can poison someone’s joy in life,

reputation, and well-being.

3. Relate the problem to the video provided and handover the stage to mooting participants to

conduct the activity in front of the audience.

4. Conduct the Moot court.

5. Have fun with mooting.

STUDENT’S SECTION

Moot Court activity

(To be enacted by the DACC Members. We recommend/suggest that the main

characters be performed by students from Grade 8-9. Involve Grade-10 students – a

great stress buster. The students from lower grades could reflect upon the activity as

they watch it being played out and be a part of the verdict at the end of mooting )

Characters in the moot court:

• Judge - My Lord/Lady

• Clerk.

• Plaintiff’s Counsel- PC.

• Defendant’s Counsel- DC.

• Mr/Mrs. Hurt By Student- Plaintiff.

• Mr/Mrs. Bystander- Witness.

• Master/Miss.Cyberbully- Defendant.

• Master/Miss.Creator Of Group- Witness.

Roles and responsibilities of each of the characters:

● Judge: Decision-makers in the pursuit of justice. A Judge interprets the law, assesses the

evidence presented and controls how hearings and trials unfold.

● Clerk: Assists in the administration of the court to make sure it runs smoothly.

● Plaintiff: The party that initiates the lawsuit/files a case/sues.

● Plaintiff’s Counsel: A lawyer who represents the Plaintiff and conducts the examination of

the witnesses.

● Defendant: The party that is accused of committing a crime or infraction.

● Defendant’s Counsel: A lawyer who represents the Defendant and conducts the examination

of the witnesses.

● Witness: An individual who has relevant information about a crime or infraction. The

Plaintiff and the Defendant can call upon witnesses.

CIVIL MOCK TRIAL

IN THE SCHOOL COURT OF _____ (fill in school’s name.)

BETWEEN

MR/MRS. HURT BY STUDENT

(PLAINTIFF)

AND

MASTER/MISS. CYBERBULLY

(DEFENDANT)

[Issue: Is Master/Miss Cyberbully liable for the ridicule faced by Mr/Mrs. Hurt By Student?]

CLERK: Order in the court, The Honourable Mister/Madam Justice presiding.

[Everyone stands as the Judge enters the courtroom.]

JUDGE: You may be seated.

[Everyone sits except the clerk.]

CLERK: The case of Mr/Mrs. Hurt by Student versus Master/Miss. Cyberbully, my Lord/Lady.

[Clerk sits.]

JUDGE: Are all the parties present?

[Plaintiff’s Counsel stands.]

PC: Yes my Lord/Lady. I am _____ . We are acting on behalf of the plaintiff Mr/Mrs.Hurt By Student

in this matter.

[Plaintiff’s Counsel sits; Defendant’s Counsel stands.]

DC: Yes my Lord/Lady. I am _____ . We are acting on behalf of the defendant Master/Miss.

Cyberbully in this matter.

[Defendant’s Counsel sits.]

JUDGE: Thank you. Good day, ladies and gentlemen. I begin with some general comments about our

roles in this trial. While the final decision is that of the Judge, today, I call upon all the members who

are present in the court to voice their opinions about the case. Throughout these proceedings, you

will act as the judges of the facts and I will be the judge of the law. You are the only judges of the

evidence presented. However, I may comment on the evidence. When I tell you what the law is, my

view of the law must be accepted. In this case, your fundamental role is a requirement of proof on the

balance of probabilities. This means that the evidence that is more likely to be accurate and is more

probable must be accepted. You should then decide in favour of the party who has presented the best

evidence.

If the plaintiff’s case is more correct, then the defendant will be found to be liable and at fault. If

the defendant is more accurate, then the case would be dismissed.

Before calling on the Plaintiff’s Counsel to give his/her opening statement, I will tell you about the

Charter of Human Rights, in the Preamble and Acts,38 and 39 of the Constitution, the right to life

includes the protection of the health and strength of the worker and is a minimum requirement to

enable a person to live with human dignity. Human dignity can be compromised through

cyberbullying.

I now call upon the Plaintiff to make an opening statement.

[Plaintiff’s Counsel stands.]

PC: My Lord/Lady, we intend to prove that the Defendant, Master/Miss Cyberbully is liable because

he/she was negligent and ignored the consequences of his/her meme. This meme resulted in the

constant ridicule of the Plaintiff Mr/Mrs. Hurt By Student, which greatly compromised his/her dignity.

We further intend to prove that the Defendant had bad intentions. To support the case, we would call

upon the following witnesses: Mr/Mrs. Hurt By Student and Mr/Mrs.Bystander.

Mr/Mrs. Hurt By Student will describe his/her discovery of the meme and his/her constant pleas to

Master/Miss. Cyberbully to take down the meme. His/her pleas were initially ignored. The Plaintiff

will also describe how his/her neighbours and society made fun of him/her. Mr/Mrs. Bystander will

give us his/her point of view by describing the society’s discovery of the meme and the impact it had

on Mr/Mrs. Hurt By Student.

We now wish to call upon our first witness, the Plaintiff Mr/Mrs. Hurt By Student

[Mr/Mrs. Hurt By Student takes the stand and remains standing to take the oath.]

CLERK: Do you swear that the evidence you shall give shall be the truth, the whole truth and nothing

but the truth so help you, God?

HURT BY STUDENT: I do.

CLERK: Please state your full name and address for the court.

HURT BY STUDENT: I am Mr/Mrs. Hurt By Student and I live in ____.

JUDGE: You may be seated.

[Mr/Mrs. Hurt By Student sits.]

PC: Mr/Mrs. Hurt By Student, for how many years have you taught at ____ school?

HURT BY STUDENT: 7 years.

PC: Do you know your students well?

HURT BY STUDENT: Yes. I know all my students by name. I also encourage them to open up and talk

to me if they ever need support.

PC: Do you add your students on social media platforms?

HURT BY STUDENT: No I do not. But my students do have my number, in case of emergencies.

PC: Was the picture used in a meme one of your profile pictures on WhatsApp?

HURT BY STUDENT: No. The picture used in the meme was only on Facebook. And I do not add any of

my students on Facebook.

PC: So the student would have had to find your Facebook to access this picture of you?

HURT BY STUDENT: Yes you are correct.

PC: So, how did you find this meme?

HURT BY STUDENT: This meme was posted on a class Facebook group that I do not have access to.

However, my neighbour’s kid is my student. So she showed her parents the meme because they

knew me. They were the ones who sent it to me.

PC: Alright. Did you make any attempt to talk to Master/Miss. Cyberbully about this meme?

HURT BY STUDENT: Yes, I did.

PC: What did Master/Miss.Cyberbully say in return?

HURT BY STUDENT: Initially, he/she pretended to not know what I was talking about. But when I

showed him/her the picture from my phone, he/she said that it was just a joke and it was not meant

to be mean. He/she also told me that since it is a private group no one other than my students would

have access to this picture. He/she then reassured me and told me that I should not take this seriously.

PC: Did you ask Master/Miss. Cyberbully to take down the meme of you?

HURT BY STUDENT: I did not at first because he/she reassured me that no one would see it. However,

when other teachers started making fun of me, or when people quoted the meme when they saw me

on the streets, I knew it was too much. So I requested him/her to take down the meme.

PC: Did Master/Miss. Cyberbully oblige?

HURT BY STUDENT: Yes but it was too late. Everyone already had screenshots of the meme.

PC: Has the ridicule stopped or reduced recently?

HURT BY STUDENT: Kind of, but it is never really gone. The main problem with social media is that

this picture is permanent. So people always have this meme to use against me when they want. It is

really affecting my professional life. I am afraid that if someone does a background search on me,

they will find that meme and I will lose all credibility.

PC: Thank you, Mr/Mrs. Hurt By Student. No further questions my Lord/Lady.

[Plaintiff’s Counsel sits.]

JUDGE: Does the defence wish to cross-examine?

[Defendant’s Counsel stands.]

DC: Yes my Lord/Lady. Are you close to Master/Miss Cyberbully?

HURT BY STUDENT: Yes. He/she is a student I am extremely close to.

DC: In your experience, do you think Master/Miss Cyberbully would ever do anything to offend you?

HURT BY STUDENT: No I do not.

DC: Do you think that the meme insulted your teaching?

HURT BY STUDENT: No, the meme did not insult my teaching.

DC: Did the meme attack your personality?

HURT BY STUDENT: No it did not. But it spoke about how I like to collect phone numbers.

DC: Do you think that collecting phone numbers is a bad trait or something that would affect your

reputation?

HURT BY STUDENT: No. But collecting parent’s phone numbers can be interpreted in different ways

by society. It can be taken out of context very easily.

DC: Have you seen memes about other teachers?

HURT BY STUDENT: Yes. I have seen articles on “Best memes about Teachers” on sites like Buzzfeed.

But none of them were personal.

DC: Did you find those memes funny or offensive?

HURT BY STUDENT: I found them funny.

DC: Thank you, Mr/Mrs. Hurt By Student. No further questions my Lord/Lady.

[Defendant’s Counsel sits.]

JUDGE: You may step down Mr/Mrs. Hurt By Student. You may call your next witness Mr/Mrs.

Bystander.

[ Mr/Mrs. Hurt By Student leaves the witness box. Plaintiff’s Counsel stands.]

PC: We call Mr/Mrs.Bystander to the stand.

[Mr/Mrs.Bystander takes the stand and remains standing to take the oath.]

CLERK: Do you swear that the evidence you shall give shall be the truth, the whole truth and nothing

but the truth so help you, God?

BYSTANDER: I do.

CLERK: Please state your full name and address for the court.

BYSTANDER: I am Mr/Mrs. Bystander and I live in ____.

JUDGE: You may be seated.

[Mr/Mrs.Bystander sits.]

PC: How do you know Mr/Mrs. Hurt By Student?

BYSTANDER: He/she is my neighbour.

PC: How did you find the meme?

BYSTANDER: My daughter is Mr/Mrs. Hurt By Student’s student.

PC: Did you send this meme to anyone?

BYSTANDER: No. I only sent it to Mr/Mrs. Hurt By Student.

PC: So do you think other people can see this meme considering it is in a closed group?

BYSTANDER: Yes. This is a very small community. Most of the students live in the same area. All the

parents know each other and also know Mr/Mrs. Hurt By Student. So, students are very likely to

show this meme to their parents, who take screenshots of it and send it to their friends.

PC: Has this meme changed the way you or your friends view Mr/Mrs. Hurt By Student?

[Defendant’s Counsel stands.]

DC: Objection my Lord/Lady. The witness cannot testify to how society feels.

[Defendant’s Counsel sits.]

PC: Let me rephrase. Do you think that this meme has the potential to change the opinions of

people?

BYSTANDER: It has not changed the way I view him/her. But if I did not know him/her as well as I do,

it would definitely impact the way I saw him/her.

PC: Thank you Mr/Mrs.Bystander. No further questions my Lord/Lady.

JUDGE: You may step down Mr/Mrs. Bystander. Counsel, you may call your next witness.

[Mr/Mrs. Bystander leaves the witness box. Plaintiff’s Counsel stands.]

PC: That concludes the plaintiff’s case, my Lord/Lady.

[Plaintiff’s Counsel sits.]

JUDGE: I now call on the Defence counsel to make their opening statement.

[Defendant’s Counsel stands]

DC: My Lord/Lady, Master/Miss. Cyberbully was merely trying to show his/her appreciation and love

for his/her teacher. The intentions were good and not malicious. Students only make memes about

people they admire. Memes are currently a social-media trend: there are even memes about

celebrities and politicians. Everyone viewing the meme understands that it is solely for entertainment

purposes, and exaggerate certain traits for comedic effect. Consequently, memes are not a truthful

account and do not ruin a person’s professional reputation.

Furthermore, the Defendant was merely responsible for posting the meme online. He/she posted the

meme on a closed group. It is not his/her fault if other people took a screenshot of this meme because

a closed group implies only people within the group can and should have access to this picture. To

support the case, we intend to call upon Master/Miss.Cyberbully and Master/Miss.Creator Of Group.

The Defendant will help justify and clarify his/her intentions and Master/Miss Creator Of Group will

describe how the Facebook group is intended to be private, and how there is a close monitoring of

members who have access to the group. We now wish to call our first witness Master/Miss.Cyberbully

to the stand.

[Master/Miss Cyberbully stands and remains standing to take the oath.]

CLERK: Do you swear that the evidence you shall give shall be the truth, the whole truth and nothing

but the truth so help you, God?

CYBERBULLY: I do.

CLERK: Please state your full name and address for the court.

CYBERBULLY: I am Mr/Mrs. Cyberbully and I live in ____.

JUDGE: You may be seated.

[Mr/Mrs. Cyberbully sits.]

DC: For how long has Mr/Mrs. Hurt By Student been your teacher?

CYBERBULLY: For 3 years.

DC: How close are you to your teacher?

CYBERBULLY: Very close. In fact, we joke around with him/her all the time.

DC: Had you ever made a comment that was similar to the one in the meme in person?

CYBERBULLY: Yes. I used to joke about him/her all the time. He/she was always fine with it and used

to laugh along with us.

DC: So did you make the meme thinking that he/she would be fine with it?

CYBERBULLY: Yes of course! I would never want to hurt my teacher. A meme is how I show my love

for him/her. I only made it because it was a shared joke and I knew he/she always laughs at our

jokes as well.

DC: What made you want to make a meme?

CYBERBULLY: Well, all my newsfeed is always filled with memes. Be it about celebrities or people

that I know. So I thought, why not have a meme about my favourite teacher?

DC: Did you realise that this meme could be taken out of context or misunderstood?

CYBERBULLY: No. But I did know that my teacher may not want his/her friends to see it. Which is

why I specifically posted it on a closed Facebook group.

DC: Did you oblige when your teacher asked you to take the meme down?

CYBERBULLY: Yes I did. I would not wish to hurt my teacher. I took it down instantly.

DC: Thank you, Master/Miss. Cyberbully. No further questions my Lord/Lady.

[Defendant’s Counsel sits.]

JUDGE: Does the defence wish to cross-examine?

[ Plaintiff’s Counsel stands.]

PC: Master/Miss Cyberbully, if you are so close to your teacher, why did you pretend like you did not

know about the meme when your teacher asked you about it?

CYBERBULLY: Well, he/she seemed like he/she was in a bad mood. I did not want to get in trouble.

PC: Doesn’t the fact that you “didn’t want to get in trouble” prove that you did something wrong?

CYBERBULLY: No I do not think that what I did was wrong. But I do know that adults who do not use

social media as much may not understand that memes are not supposed to be offensive.

PC: Don’t you think that it is your responsibility to consider the fact that all people will not

understand that a meme is not supposed to be a truthful account of someone’s character?

CYBERBULLY: Yes I do think it is my responsibility. I thought I was being safe by posting it only on a

group of students, who understood what memes are and knew Mr/Mrs.Hurt By Student well.

PC: Alright. Where did you find the picture of your teacher from?

CYBERBULLY: His/her Facebook profile.

PC: Are you friends with your teacher on Facebook?

CYBERBULLY: No.

PC: So you searched and used his/her picture without his/her knowledge?

CYBERBULLY: Yes I did.

PC: Did you know that was against the law?

CYBERBULLY: No, I did not. I thought it would be fine because it is just a normal picture of his/her

face.

PC: Okay. Master/Miss.Cyberbully, have you ever taken a screenshot of an image from a closed

Facebook group and shown it to your parents or friends who were not in that group?

CYBERBULLY: Yes. I have.

PC: Thank you, Master/Miss Cyberbully. No further questions my Lord/Lady.

[Plaintiff’s Counsel sits.]

JUDGE: You may step down Master/Miss.Cyberbully. You may call your next witness

Master/Miss.Creator Of Group.

[ Master/Miss.Cyberbully leaves the witness box. Defendant’s Counsel stands.]

DC: We call Master/Miss.Creator Of Group to the stand.

[Master/Miss.Creator Of Group takes the stand and remains standing to take the oath.]

CLERK: Do you swear that the evidence you shall give shall be the truth, the whole truth and nothing

but the truth so help you, God?

CREATOR OF GROUP: I do.

CLERK: Please state your full name and address for the court.

CREATOR OF GROUP: I am Master/Miss Creator Of Group and I live in ____.

JUDGE: You may be seated.

[ Master/Miss Creator Of Group sits.]

DC: What is the name of your Facebook group?

CREATOR OF GROUP: ____ School Class of 2018

DC: Is this a closed group?

CREATOR OF GROUP: Yes it is.

DC: Do you keep track of the members of the group?

CREATOR OF THE GROUP: Yes I do. No one, who isn’t in our class is allowed to be a part of the group.

DC: Do all the members of this group know Mr/Mrs. Hurt By Student?

CREATOR OF THE GROUP: Yes they do.

DC: Is it stated anywhere in the group that screenshots of posts are not allowed?

CREATOR OF THE GROUP: Yes. The description of the Facebook group clearly states “This group is

intended only for the students of the Class of 2018. Please do not take screenshots of posts in this

group.”

DC: Alright. Have there been memes about any other teachers that have been posted on the group?

CREATOR OF THE GROUP: Yes.

DC: Have these memes ever got out of the group or affected your teacher's life?

CREATOR OF THE GROUP: No. This Facebook group has a lot of personal posts about students’ lives,

and memes about teachers that have never left the group.

DC: So, you expect students to respect the privacy of the information on the group?

CREATOR OF THE GROUP: Yes we expect each member of our group to respect the privacy of the

information on the group, especially because we have put up a warning. No one would feel safe

posting on this group if they knew that other people could access this information. Our group has

always been a safe space for us to discuss matters.

DC: Do you consider memes to be a personal attack?

CREATOR OF THE GROUP: No I do not. They are supposed to be funny. Memes are not actually

meant to be representative of a person’s character.

DC: Thank you, Master/Miss. Creator Of Group. This concludes the Defendant’s case my Lord/Lady.

[Defendant’s Counsel sits.]

JUDGE: Does the defence wish to cross-examine?

[ Plaintiff’s Counsel stands.]

PC: No my Lord/Lady.

[Plaintiff’s Counsel sits.]

JUDGE: Thank you counsel. Are you prepared to give the closing statements?

[Plaintiff’s and Defendant’s Counsel stand.]

PC: Yes, my Lord/Lady.

DC: Yes, my Lord/Lady.

[Plaintiff’s and Defendant’s Counsel sit.]

JUDGE: All right then, you may begin.

[Plaintiff counsel stands.]

PC: Thank you my Lord/Lady. Today we have proved that Mr/Mrs.Hurt By Student was a victim and a

target of a thoughtless meme by his/her student. Additionally, his/her picture has been misused by a

student without permission, which is punishable by law. While the student states that his/her

intention was not bad, he/she still hid the fact that he/she created the meme highlighting that he/she

did something wrong. Moreover, it is important for us to consider and focus on the final outcome

rather than the intention. We can see that the Plaintiff’s colleagues and friends are making fun of

them. This one small post has drastically impacted his/her life and remains a constant threat to the

Plaintiff. The student was aware that adults may not view memes in the same way as young adults.

Even though he/she claims that it was a closed Facebook group, he/she herself knows that information

does not stay private on closed groups. The Plaintiff will face the consequences of this post for a very

long time. Consequently, the Plaintiff is suing Master/Miss.Cyberbully for the ridicule he/she has

faced.

[Plaintiff’s Counsel sits.]

JUDGE: The defence may now proceed.

[Defendant’s Counsel stands.]

DC: Thank you my Lord/Lady. As the evidence suggests, memes are entirely meant for entertainment.

He/she did not compromise the dignity of his/her teacher. In fact, the teacher knew about the joke

and even laughed about it in person. My client really cares about his/her teacher. So much so that

he/she also took all preventive measures to make sure that people who do not understand memes do

not view it. The Defendant posted a message on the group that warned students not to take a

screenshot or share the information. It is not my client’s responsibility that another student chose to

violate these rules. Moreover, the Defendant also instantly complied when he/she was requested to

take down the post. Memes are viewed by everyone and have become extremely popular. Even the

Plaintiff, Mr/Mrs.Hurt by Student has viewed several memes about teachers that he/she claims were

funny. While the Defendant takes responsibility for using another person’s image, my client is not

responsible for the insults because he/she only intended to show love for his/her teachers, did not

violate any rules of the Facebook group and was co-operative with his/her teacher's requests. Thank

you.

[Defendant’s Counsel sits.]

JUDGE: Thank you counsel. We will adjourn until the verdict is decided.

CLERK: Order in court. The court stands adjourned for the verdict of the Judge.

JUDGE: Ladies and gentleman, while the court is adjourned, I must admit I am stuck. I do not know

which side to favour. Both the sides have presented their evidence. It is now entirely up to the

members present in court today. Think carefully, and consider the facts presented. Consider which

side had the most well-reasoned arguments. This may not be the side you personally agree with. We

will now take a vote.

[Pause.]

JUDGE: Those in favour of the Plaintiff?

[Take a count.]

JUDGE: Those in favour of the Defendant?

[Take a count.]

CLERK: Order in court.

[Everyone sits.]

CLERK: The Judge has reached his/her verdict.

JUDGE: We have reached a verdict. The defendant/plaintiff liable. The defendant/plaintiff shall pay

the plaintiff/defendant the damages in the amount of INR _____, and also pay the legal costs. The

case is hereby dismissed.

CLERK: The court stands adjourned. Order in court. [All stand as the Judge leaves the courtroom.]

After activity discussion -

1. What did you observe in the present case?

2. Do you think cyberbullying should/could be stopped by students?

3. Do you think schools should provide information/conduct sessions for students on social

media awareness, cyber security and internet safety, and how it is important to be

followed?

4. DACC members need to put up chart papers on Assembly hall where students of each class

can sign below the oath they took after the moot court.

PRINT SECION - REFLECTION SHEET

I ……………………………….student of ………………………………….school will refrain from cyberbullying of my teachers

and maintain the dignity of law as a citizen.

Signatures