Moot Court Podcast
Posted by AustinGroothuis | 25 Apr, 2006Click here to listen to the moot court podcast
What is moot court?
Moot Court in law school is generally a team of 2nd
year and 3rd year students who competitively argue mock appellate
cases.
They do so as a team against other schools for some competitions, and against
each other for other competitions. More below...
The process leading up to the argument is
very taxing, involving researching and writing an appellate brief and practicing
for hours. Generally, one can make the moot court team in law school in one of
two ways. This and other issues are discussed in our podcast below.
How a moot court
competition works.
First, each side writes an appellate brief that is given to
the panel of judges before the argument. The appellate argument style in
moot court is not the same as the style you be used to through depiction of trials in movies or on television.
It is also very different from a mock trial. There are no witnesses, no juries: just two opposing counsels and a panel of
judges.
The appellant’s (party appealing the case from the lower
court) counsel stands at a podium and interacts alone with the panel of judges
for an amount of time. The panel of judges asks the appellant questions,
basically attacking the appellant’s legal theories set forth in his or her
brief and brought up during argument. The appellee (party that won the case
from lower court) then goes through the same process. The appellant counsel then
gets back up in front of the panel and has a short amount of time that he or
she reserved as rebuttal time.
If you have never witnessed an appellate argument you may be interested in finding the nearest appellate court near you to observe, as most proceedings are open to the public. Although they can be boring and hard to understand, it may be interesting just to get an idea of how courts conduct an appellate proceeding.
My experience with
moot court.
I am not on moot court so I have none (so I hope my brief description above is somewhat accurate). I participated in the
appellate brief/oral argument competition that all first year students take
part in during second semester. However, only the best arguers advanced to moot
court. I definitely was not in this group. I can say that writing an appellate
brief was the most grueling writing assignment I have had in law school, practicing for the argument was time
consuming, and the actual argument was stressful but somewhat fun.
Links:
Blog dedicated to moot court by Professor Kent Streseman
Wikipedia on Appeals Process (what moot court is modeled after)
Chicago-Kent Moot Court Honor Society home page
Listen to the Moot court podast here.
