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Moot court is an extracurricular activity in law school where students argue fictitious cases to train for careers in law. Students research legal issues and present their arguments in a mock court before a panel of judges. Moot courts are different from mock trials and are considered important in the law school experience.
Moot court refers to the extracurricular activity of law school in which students argue fictitious cases, or at least cases that have already been decided by a real court. Typically, these courts are a method of training students for careers in practicing law, particularly when it comes to analyzing legal matters. The appellate court usually adopts the appellate court procedure, i.e. using cases involving appeals from a court.
Law professors are responsible for assigning cases that address relevant legal or policy issues, or at least one issue of current interest. Students choose or are assigned positions to fill, then conduct legal research to prepare their arguments to support their positions. Additionally, students must be prepared to overcome the legal authority stemming from statutes, regulations, and case law that oppose their positions. The legal analysis, argument and facts of the case are collected in formal legal documents called appeal briefs, with subpoenas of legal authority included.
After writing appeal briefs, students present their positions in a mock court with an allotted time frame to speak before a mock jury, usually made up of law professors, students, or real judges. This phase of the moot trial is meant to test students’ ability to prepare, organize, and present their cases. Students attending these courts must also think quickly and answer questions reasonably, as any panelist can interrupt the presentation at any time to ask questions about the facts of the case or the student’s position. After the presentation, the judging panel reviews the student’s performance, designed to provide constructive criticism.
A moot court is usually confused with a mock trial. Moot courts and mock trials are similar in that they are fictitious. While a moot court refers to a mock appellate court, however, a mock trial adopts the procedure of a jury or courtroom. In mock trials, there is an emphasis on jury persuasion techniques as well as knowledge and application of the rules of evidence.
Moot courts are considered an important component of the law school experience. Some law schools require students to participate in a court argument at least once before graduation and receiving their law degree. Some focus on specific legal areas, such as constitutional law or criminal law; and they differ from one law school to another in determining legal interests and skill levels.
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