Guidelines for Conducting a Moot Court

A moot court is patterned after an appeals court or Supreme Court hearing. The court,composed of a panel of judges, is asked to rule on a lower court's decision. No witnesses arecalled, nor are the basic facts in a case disputed. Arguments are prepared and presented onthe application of a law, the constitutionality of a law, or the fairness of previous courtprocedures. In many ways the moot court is like a debate, for each side presents argumentsfor the judges' consideration. Moot court hearings may help participants develop a greaterunderstanding of the appellate level of our legal system and of the subject being debated.

How to Proceed

1. Select a case (actual or hypothetical), or assist participants in selecting a case toappeal that raises questions relevant to the concept being studied. Prepare a "FactSituation" which includes a summary of essential evidence from the trial and the courtdecision to be appealed. (Attorneys may be helpful in selection of an appropriate caseand writing the "Fact Situation.")

2. Divide the class into groups of 68 participants; divide each group into 34 memberlitigant teams. One team is designated as the "appealing litigant team" and will havethe responsi bility of arguing against the ruling of a lower court. The other team isdesignated as the "supporting litigant team" and will present arguments in favor of thelower court's decision. (If possible, each litigant team should be assigned an attorneyas a resource person. However, attorneys should not participate in the oral argumentsbefore the court.)

3. Each participant should be given a copy of the "Instructions for Moot Court Hearings"which follows, and the "Fact Situation."

4. Time should be provided for the preparation of oral arguments. Each litigant teamshould choose at least two people to present their team's arguments before the court.

5. If attorneys have served as resource persons during the preparation period, assignthem to 3member judicial panels to preside over the hearings. If possible, teamsshould present their arguments before attorneys who did not serve their team asresource persons. If not enough attorneys or no attorneys are available, the programstaff may serve as judges.

Principal Responsibilities of the Program Staff and Attorneys

1. To make certain that the case selected for the moot court is relevant to the conceptbeing studied.

2. To assist with the coordination and support activities necessary to implement a mootcourt, specifically:

a. procure a sufficient number of attorneys to serve as resource persons and judgesb. make arrangements to use actual courtrooms, if desired c. make litigant team and judge assignments d. determine appropriate time limits for each segment of the moot court.

3. To make certain that participants are familiar with moot court procedures and theirroles.

4. To assist participants in developing their arguments when help is needed.5. To conduct a moot court.

6. To conduct the discussion session following the hearing.

Instructions for Moot Court Hearings

1. Participants should consider all of the details presented in the "Fact Situation" to havebeen established in a trial court. Teams may not argue that any of those facts areinaccurate.

2. Arguments do not need to be confined to existing legal precedents or recognized legaltheories. Any argument thought to be persuasive from a philosophical, theoretical,conceptual or practical standpoint can be made. Teams may rely on principles foundedon the United States Constitution.

3. Each litigant team should be prepared to present its oral argument to a panel ofjudges. At least two members of each litigant team should present the team's oralarguments before the 3member court of appeals. Teams may have as manyspokespersons as they wish. The "appealing litigant teams" present their argumentfirst, followed by the "supporting litigant teams" presentation.

4. Teams should anticipate active questioning from the judges during oral presentations.Spokespersons representing each litigant team are expected to respond immediately toquestions and concerns raised by the judges. Discussions with the judges in thismanner will not extend the team's time unless the court exercises its discretion topermit an extension of time for the team's scheduled presentation.

5. Litigant teams' oral arguments are limited .to a specific amount of time. The court hasthe discretion to grant extra time, but should not normally exercise this privilege. Anyextensions of the time should be for a stated number of minutes. Teams may reserve apart of their total argument time for rebuttal argument. Rebuttal time need not bereserved. If time is reserved, it should be used to counter opponent's arguments, not toraise new issues. A member of the opposing team should serve as the presentingteam's time advisor during the arguments. The following intervals showing thenumber of minutes left may be used by the time advisor: 10, 5, 4, 3, 2, 1, 1/2. Timeadvisors should hold up cards for the team's attention and for the court to see. Ifarguments have not been completed, spokespersons are nevertheless to terminate theirpresentation precisely upon expiration of the allotted time, unless the presiding judgegrants an extension of time.

6. After the arguments for both the "appealing litigant" and "supporting litigant" teamshave been heard by the court, the panel of judges should deliberate and reach adecision. Deliberation of the case may take place in private or may be conductedbefore the class. A time limit for these deliberations will probably be required.

7. After the decisions have been announced, class participants and attorneys shoulddiscuss the various decisions of the court, the issues raised, and moot courtprocedures.

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