What is Moot Court, an In-Depth Guide
Moot court is an academic exercise within the legal education system, simulating a court or tribunal proceedings. Unlike mock trial, which is a recreation of a court trial where students are assigned roles of lawyers and witnesses, moot court involves the advocacy of an issue before a judge or panel of judges. This practice gives students the opportunity to present oral arguments on behalf of either the appellant or the appellee in an appellate court. The purpose of a moot court is to prepare law students for post-graduate work in a variety of legal positions, whether as trial or appellate attorneys or as judicial clerks. The practice develops students’ advanced research, writing and oral advocacy skills , as well as promoting teamwork and professional responsibility. During a moot court competition, participants prepare for legal arguments similar to those made in the United States Supreme Court. In addition, they are responsible for creating an appellate brief that provides an overview of the legal arguments that will be asserted on both sides of the case. Brief writing is typically required at all collegiate levels of the legal education system. Moot court rounds or competitions cover the following elements: Although moot court is optional in many law schools, participation is beneficial for overall graduate performance. Additionally, moot court, mock trial and legal internships provide the necessary training for students who hope to pursue a career in domestic or international law.
What is a Mock Trial: A Deep Dive
The Intricacies of Mock Trials: An Analysis
Beyond their commonality, a mock trial and moot court are a lot different. A moot court is essentially a hearing, whereas a mock trial is a full-blown trial – and there are arguments for both.
Mock Trial
Mock trial events, as the name implies, are a practice trial for law students. Typically, events take place on a competition basis against other schools. Teams are made up of two to three student attorneys and two to three student witnesses. This is often where law students come together from different schools to compete against each other.
The roles of a mock trial are limited to the attorneys and the witnesses. The attorney’s tasks include:
The witness’s roles include:
In terms of the size and scale, a mock trial competition can have anywhere from 200 to 300 competitions. There can be around 40 to 50 hosts. At any one event, there could be hundreds, if not thousands, of participants.
The mock trial proceedings are meant to emulate a real trial as closely as possible. Each team is given a problem that they need to research before the event. This includes researching a potential code strap and gathering all of the background information they’ll need to put the case together. At the last minute, they receive their witness instructions. They’ll need to interpret what is meant by their character in the case and then prepare to argue the case.
All notes and research done by the team is brought into the courtroom, where each attorney is either lauded or berated by the judges for their performance. The courtroom experience is very real, and it’s as formal as you’d find in a regular courtroom. Judges wear their robes, and various bailiffs and marshals are included.
Just like with a real trial, each team will:
At the end of the night, the scores are revealed, and the winning team is announced. Mock trial events can take anywhere from the very early morning to late at night and can happen over the period of two to three days.
A moot court, like mock trials, are a way for students to practice their craft. However, they differ quite a bit from mock trials. Students can use either choice to prepare for a legal career, they just need to see which option is best for them.
Although the competitions are similar, there are some key differences between the two. A moot court is an oral argument, while a mock trial is a simulated trial. There is a fundamental difference between the two processes. The moot court allows students to learn how to prosecute and defend cases. The complexity of the cases is what distinguishes it from the mock trial.
Moot Court vs. Mock Trials: Key Distinctions
While the terms are often used interchangeably, moot courts and mock trials each have different implications and purposes. A key difference is that moot courts are used to prepare competitors for a real trial or oral argument whereas a mock trial is often much more of an educational tool.
Objectives
Participants in moot courts and mock trials both engage in oral advocacy, but the goals of each are different. A primary objective of a moot court is to make an appellate argument. Competitors present appellate case law to show support for their side. In contrast, mock trials simulate a trial. As a result, participants in mock trials are often more focused on the rules of evidence than on appellate case law.
Format
Moot courts and mock trials are also different in terms of the general structure of a team’s participation. When competing in a moot court, individual competitors work on a specific aspect of the case together. For example, one student might research and write the brief while another student makes oral arguments. In most cases, participants in moot courts are limited to just one side with only one or two competitors making oral arguments. In mock trials, by contrast, the majority of the participants are involved in the same many aspects of the case. Typically, each team includes two to three competitors for the prosecution/plaintiffs and two to three competitors for the defense.
Preparation
Preparation for a moot court focuses on research and understanding appellate-level case law. Students typically are responsible for writing their own arguments and creating their own list of cited cases. In a mock trial, students are typically provided with a case book outlining the facts of the case. As a result, a mock trial focuses more on trial procedures, witnesses and evidence than some parts of a moot court.
Advantages of Joining Moot Court
That being said, participating in moot court actually offers a variety of benefits. For example, moot court provides students with the opportunity to actually put their research, writing, and oral advocacy skills to the ultimate test. While research and legal writing are essential components of law school, students don’t necessarily get the chance to test their skills in a high-stakes, competitive environment — until they reach moot court. Unlike informal exercises and scrimmages with classmates, moot court requires participants to defend their arguments before a panel of judges. In addition to showing that you’ve mastered the art of persuasion , this experience reveals that you’re willing to take initiative, accept challenging opportunities, and make yourself uncomfortable in pursuit of excellence — all integral qualities worth showcasing to law firms and employers. In fact, many law students who compete in moot court find that their experience is priceless when it comes time to apply for law clerk and post-graduate positions.
For aspiring litigators, moot court also gives you a leg up on gaining substantive courtroom experience. In many instances, students are even permitted to argue an actual case or "problem," which means that you’ll gain invaluable experience that you won’t find in a textbook.
Benefits of a Mock Trial
Engaging in mock trials provides aspiring attorneys with invaluable experience, particularly those who have no other means of obtaining practical courtroom experience. Small- and mid-sized firms often do not have the capacity to take on summer associates or interns. Similarly, clients and practice groups may not be able to provide a summer associate or junior attorney with the opportunity to partake in any hands-on legal work. Many law schools have incorporated trial advocacy programs that afford students essential skills, but these programs may not be available to every aspiring lawyer.
Mock trials are also advantageous in that they offer aspiring attorneys the opportunity to become well-versed with trial procedures and the rules of evidence. Just like in real court, participants must prepare opening statements, question witnesses (including expert witnesses), and prepare and present closing arguments. Students must become familiar with the rules of evidence and learn how to successfully object to questions that attempt to elicit inadmissible information.
Matt Smith, an attorney with the Milton A. Kramer Law Clinic – a free legal clinic at Case Western Reserve University School of Law – led the Case Western team in the National Civil Mock Trial Competition, which took place in Chicago. Smith notes that he and his fellow students garnered extensive experience in their area of law and in their various roles on the trial team.
"Because students have to be very familiar with the facts and law involved in their team’s case, they typically learn a tremendous amount about the law involved in their practice group," Smith said. "I personally gained a lot of experience in preparing motions in limine, witness examinations, and objections in this area – things most new associates are fresh on when they enter practice."
Mock trials also aid aspiring attorneys in developing public speaking and critical thinking skills. To be effective communicators, lawyers need to be confident in their speaking abilities and learn how to adapt their style to their audience. Similarly, critical thinking is at the core of practicing law. Aspiring attorneys learn the importance of thinking on their feet and learning how to break down complex information.
Should You Pick Moot Court or Mock Trial?
When it comes to deciding whether to participate in moot court or mock trial, there are a few key factors to consider. First, think about your own career goals. Are you interested in pursuing a career in litigation? If so, both options have their benefits. However, if you are more interested in scholarly work or alternative dispute resolution, moot court may be the better choice for you.
Next, consider which of your existing skills might be best utilized in moot court or mock trial . Students who prefer extemporaneous speaking and a demanding pace might be better off choosing moot court, as trials generally move faster and require a greater level of on-your-feet thinking and speaking. Your involvement in these kinds of competitions is also dependent upon your skill set.
If you enjoy putting together argument after argument, crafting an overall narrative and figuring out how each point relates to another might be something you are more interested in—so moot court might be a better fit. However, if you are more adept at discovery skills, with a strong level of attention to detail, mock trial might be the better option for you.
Leave a Reply