Moot contests simulate an appellate court case and are used by law schools worldwide as experiential learning activities. Students argue opposing sides of a case before a jury, and competitions are held annually. Moot courts are specific to each country’s court system and have become popular among college students.
Moot contests are experiential learning activities used by law schools around the world to introduce students to the practice of law at the appellate level. Competitions simulate a contested court case being heard by an appellate court. Two teams of students argue opposing sides of the case before a jury that rules in favor of the winning legal argument, awarding the competition to that side.
Law schools typically sponsor an annual school competition and sometimes field a moot court team that competes against other schools in national and international competitions. Competitions against the courts, along with the publication of the school’s law journal, are part of a traditional law school experience that transcends legal systems and national boundaries. It would be unusual to find a law school that did not have some type of contentious court activity available to students who wished to participate.
The distinguishing feature of the moot court is its structure around an appellate case. The students in the competition do not listen to testimonies or introduce evidence. The case used for the competition is based on the record of a trial of first instance. Each team would be responsible for arguing one side of a legal issue that is appropriate for appeal and for applying the law to the facts ascertained during the trial. This is in comparison to a mock contest trial, which is actually a mock jury trial where witnesses and evidence would be introduced.
As an appellate exercise, each country’s law schools will have a moot court format that is specific to the way that country’s court system works. In the UK, for example, the exact format of contests in Scotland differs from those in England and Wales because the judicial systems are different. Races against the court typically require both teams to submit a written brief and present oral arguments in front of a panel of judges in support of the brief. The procedure relating to the conduct of the oral discussion is the part of the competition that differs most from jurisdiction to jurisdiction.
While traditionally a law school activity, moot contests have become popular among students at the college level. There are now controversial intercollegiate teams that compete nationally and internationally. Moot courts have joined speeches and debates, as well as mock trials, as an expanding part of many universities’ forensic programs.
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