Moot court
Encyclopedia
A moot court is an extracurricular activity
at many law school
s in which participants take part in simulated court proceedings, usually to include drafting briefs (or memorials) and participating in oral argument
. The term derives from Anglo Saxon times, when a moot (gmot or emot) was a gathering of prominent men in a locality to discuss matters of local importance. The modern activity differs from a "mock trial
", as moot court usually refers to a simulated appellate court
or arbitral
case, while a "mock trial" usually refers to a simulated jury trial
or bench trial
. Moot court does not involve actual testimony by witnesses or the presentation of evidence, but is focused solely on the application of the law to a common set of evidentiary assumptions to which the competitors must be introduced. In the United Kingdom
and Commonwealth
countries, the phrase "a moot court" may be shortened to simply "a moot" and the activity may be called "mooting".
Moot court is one of the key extracurricular activities in law school. Students typically spend a semester researching and writing the memorials, as well as practising their oral arguments. Whereas domestic moot court competitions tend to focus on municipal law, regional and international moot competitions tend to focus on subjects such as public international law, international human rights law
, international humanitarian law
, and international commercial arbitration.
The basic structure of a moot court competition roughly parallels what would happen in actual appellate practice. Participants will typically receive a problem ahead of time, which includes the facts of the underlying case, and often an opinion
from a lower court that is being challenged in the problem. Students must then research and prepare for that case as if they were lawyers or advocates for one or sometimes both of the parties. Depending on the competition, participants will be required to submit written briefs, participate in oral argument, or both. The case or problem is often one of current interest, sometimes mimicking an actual case, and sometimes fabricated to address difficult legal issues.
A number of moot court competitions focus on specific areas of law. For example, the First Amendment Center
annually holds a National First Amendment Moot Court Competition, in which the judges have included numerous United States Circuit Court
Judges.
The first several national championship tournaments were hosted successfully by the Honors College at UT-Arlington. The event was open to all comers, and even its first tournament drew teams from across the country even though the field was just over 20 teams. In the next several years, the event continued to grow, typically to between 70-80 teams, and attracted schools from across the United States.
In 2006, ACMA made two decisions that appear to have served as a catalyst to increase substantially the growth of intercollegiate moot court. First, the Executive Committee agreed to move the Championship Tournament to different sites across the country. Since 2007, the event has been hosted by the law schools at Regent University (Virginia Beach, VA), Drake University (Des Moines, IA), Chapman University (Orange, CA), and Florida International University (Miami, FL). The 2010-2011 Championship Tournament was hosted by the law school at Tulane University (New Orleans, LA).
Second, the Executive Committee opted to sponsor a series of national qualifying tournaments in venues across the nation. The process of requiring teams to qualify for the championship tournament certainly seems to have spurred interest in moot court nation-wide. Not only has the organization grown in size, it now truly hosts a national field.
While undergraduate moot court is still a relatively new forensics activity, when compared with speech and debate and intercollegiate mock trial, by the 2009-2010 season, there were 248 teams who competed at the regional tournaments hosted by California State University, Long Beach, Fitchburg State University (MA), Hamline University (MN), Regent School of Law (VA), Texas Tech School of Law, the University of Tampa (FL), the University of Arkansas at Little Rock Bowen School of Law, and The College of Wooster (OH). The regional tournaments vary by size, but there is a standardized process for awarding bids to nationals. Currently, teams that finish in the top 25 percent of each regional earn an automatic bid to the national tournament. The remainder of the 64 team field is awarded to at-large teams with the best records at the qualifying events. No school can earn more than eight bids to the national field. ACMA tournaments currently have three preliminary rounds and a series of elimination rounds are very much like the “sudden death”/”one-and-done” nature of the NCAA basketball tournament. The qualifying tournaments are held during the fall semester, most are in November, and the championship tournament is in mid-January.
ACMA is governed by an Executive Committee of educators and attorneys from member schools. It has an elected President who is empowered to implement decisions made by the Executive Committee between called business meetings.
There are other organizations that sponsor intercollegiate moot court tournaments, and will, for instance, host statewide championships, e.g., the Texas Undergraduate Moot Court Association (TUMCA). Smaller invitational tournaments exist which enable teams to gain additional experience in moot court. In California, for instance, students compete in the spring in the California Classic. This event has been held at Mt. St. Mary’s College and Fresno State University. There is also fall scrimmage in Texas that has drawn a number of teams from around the nation. Additionally, in 2008, there was a four-school event in the District of Columbia at the Prettyman Judicial Complex. These invitational tournaments are not ACMA-sanctioned events.
Undergraduate moot court cases pose two certified questions. The case (known as the “record”) includes an appellate majority opinion and a dissent. The “library” is a closed one. Typically, the record includes twenty opinions that students can rely upon for their arguments. Rules allow them to refer to cases cited in the cases directly included in the record. However, they can only rely on these cases within cases to the degree that they were used by the authorities directly in the record. All teams competing in ACMA-sponsored events will argue the same case. ACMA students have engaged in oral argument on issues such as same-sex marriage, national health care, privacy under the 4th Amendment, life terms for minors who are not guilty of murder or attempted murder, freedom of religion, a federal ban on firearms on school grounds, and warrantless domestic wiretapping of suspected terrorists. Cases are written by the ACMA. The case problem is released on the ACMA website by May 1 of each year.
Undergraduate moot court teams consist of two oral advocates. The advocates are responsible for knowing both issues – but typically are only asked about one certified question. Each team will receive 20 minutes to argue its case, and each advocate must speak for a minimum of seven minutes. Teams are judged on their forensics, knowledge of the law, demeanor, and ability to answer questions from the bench.
Good judges are the key to a good moot court hearing. Judges are typically lawyers or members of the state or federal bench. At times, law students (especially those with past undergraduate moot court experience) are asked to judge. Past judges at ACMA events have included former US Attorney General John Ashcroft, former White House Counsel, D. Edward Wilson, former legal counsel for the US Department of the Treasury D.J. Gribin, Assistant Attorney General for the State of Maryland Amanda Stakum Conn, Supreme Court reporter for the LA Times David Savage, California Courts of Appeals Justices Paul Turner and Raymond Ikola, a great number of federal judges, including The Honorable Otis Wright, George Schiavelli, and Gerald Lewis, numerous state trial judges, and several law school deans.
From 2001-2010, ACMA has hosted 10 Championship Tournaments. In that time, seven different schools have been crowned as national champions. Patrick Henry College, of Purcellville, Virginia, is the only institution to have won multiple intercollegiate moot court championships.
The ACMA also sponsors a brief writing contest. Students are not required to prepare briefs in order to compete for the oral advocacy national title. Teams who enter follow a specific set of rules and compete for prizes. The competition is judged by lawyers and law professors. This competition is named for the late Sandra Knerr, who along with her husband, was a dedicated supporter of intercollegiate moot court.
. Thus, the style of a moot will often vary depending in which jurisdiction it is to be heard, although some national competitions do exist. The principal differences are between the laws in Scotland
and those in England and Wales
. Each jurisdiction is dealt with separately below.
or the Supreme Court
.
Moot questions generally involve two questions of law that are under dispute and come with a set of facts about the case that have been decided at the first instance trial. Generally the question will surround a subject that is unclear under the present state of the law and for which no direct precedent
exists. Mooting is a team effort, consisting of senior or lead counsel
and junior counsel
. It is normal practice for the senior counsel will take on the first point and the junior the second; although this may vary depending upon the exact nature, and necessary length, of the argument
s. Typically the question will focus on one area of law, e.g. tort
, contract
, criminal law
or the law of property
.
The question will be provided to the teams a few weeks in advance of the moot along with details as to which of the appellant or respondent they are to represent. It is then up to each team to prepare their case as though they were barrister
s. Authority for each argument is necessary and will usually take the form of precedent
from case law
but may also involve legislation
. Reliance may also be placed on governmental papers, research from NGOs and academic journals and texts.
A few days before the moot takes place each team will prepare and exchange their skeleton arguments or brief. Copies will also be provided to the judge along with the moot problem. The judge is normally an academic or practising solicitor or barrister.
The moot itself takes the form of an oral argument
. The order in which the advocates will speak mirrors that of the actual courts the exercise is based upon. In England and Wales the order would be as follows:
The competition may also allow the appellants an additional few minutes in order to reply to the respondents arguments.
After the presentation of arguments has concluded, the judge will retire to deliberate on both the law and the overall winning of the moot. A moot is not won and lost on the legal argument, but on the advocacy skills of the participants. It is often the case that the team that has the weaker legal argument is in a better position as they have to argue that much more persuasively.
a moot can be set in a variety of fora; in civil law problems it is set most commonly in either the Inner House of the Court of Session
or in the House of Lords
, although it is not uncommon for a moot to be heard in the Sheriff Court
before the Sheriff or Sheriff Principal. Occasionally, an Employment Appeal Tribunal
may also be used as a forum for a Scottish civil law moot.
If the moot problem concerns Criminal Law, the moot will most likely be heard as though in the Appellate division of the High Court of Justiciary
(commonly known as the Court of Criminal Appeal).
The moot points and style of the problem are similar to that of England and Wales stated above; however, the format of the moot is significantly different. Junior counsel is more likely to take the first moot point and senior counsel the second (this can however be reversed depending on the problem).
The order in which the Advocates
will speak mirrors that of the actual courts the exercise is based upon. The order would be as follows:
Please note the terms 'appellant' and 'respondent' are used loosely, and depending on the forum, may not be the correct terms, e.g. in an appeal to the Inner House of the Court of Session
(known as a 'reclaiming motion', the appellants are in real life known as 'reclaimers').
Generally, Scottish competitions do not allow the appellants a final right of rebuttal of the respondents' arguments.
The format of the moot is far more adversarial than that of English and Welsh moots. This is primarily due to a more adversarial legal system. This manifests itself in different ways, most notably with the appellants and respondents facing each other during a moot, rather than, as in England and Wales, facing the judge.
There is only one national Scottish competition, the Alexander Stone National Legal Debate, administered by the Law School at the University of Glasgow
. All Scottish universities that offer the LL.B. are eligible to take part, although in recent years the competition has been fought out mainly between Dundee, Edinburgh, Glasgow and Strathclyde universities. The final is held in the Alexander Stone Court Room at the University of Glasgow in February or March each year. The current holder of the trophy is Strathclyde
.
There is also an annual inter-varsity competition between the Law Schools of Glasgow and Strathclyde
, in the form of the Glasgow Sheriff's Cup. This is organised by Glasgow Sheriff Court
and is judged by a Senator of the College of Justice
. The moot is held annually in May or June each year and takes place in one of the larger court rooms at Glasgow and Strathkelvin Sheriff Court. The current holder of the trophy is Glasgow
, while Glasgow University lead the series 11-9.
Law Schools in Scotland also take part in UK-wide competitions, such as the Oxford University Press
and the English Speaking Union Moot. These moots are UK-wide in participation, but typically follow the style and law of moots in England and Wales. The University of Glasgow reached the semi-final of the English Speaking Union moot in 2008 and the final in 2005. The University of Dundee reached the semi finals of The Oxford University Press moots in 2009.
Judges in Scottish moots are typically legal academics, solicitors, sheriffs, advocates or Senators of the College of Justice.
Extracurricular activity
Extracurricular activities are activities performed by students that fall outside the realm of the normal curriculum of school or university education...
at many law school
Law school
A law school is an institution specializing in legal education.- Law degrees :- Canada :...
s in which participants take part in simulated court proceedings, usually to include drafting briefs (or memorials) and participating in oral argument
Oral argument
Oral arguments are spoken presentations to a judge or appellate court by a lawyer of the legal reasons why they should prevail. Oral argument at the appellate level accompanies written briefs, which also advance the argument of each party in the legal dispute...
. The term derives from Anglo Saxon times, when a moot (gmot or emot) was a gathering of prominent men in a locality to discuss matters of local importance. The modern activity differs from a "mock trial
Mock trial
A Mock Trial is an act or imitation trial. It is similar to a moot court, but mock trials simulate lower-court trials, while moot court simulates appellate court hearings. Attorneys preparing for a real trial might use a mock trial consisting of volunteers as role players to test theories or...
", as moot court usually refers to a simulated appellate court
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
or arbitral
Arbitration
Arbitration, a form of alternative dispute resolution , is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons , by whose decision they agree to be bound...
case, while a "mock trial" usually refers to a simulated jury trial
Jury trial
A jury trial is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge...
or bench trial
Bench trial
A bench trial is a trial held before a judge sitting without a jury. The term is chiefly used in common law jurisdictions to describe exceptions from jury trial, as most other legal systems do not use juries to any great extent....
. Moot court does not involve actual testimony by witnesses or the presentation of evidence, but is focused solely on the application of the law to a common set of evidentiary assumptions to which the competitors must be introduced. In the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
and Commonwealth
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
countries, the phrase "a moot court" may be shortened to simply "a moot" and the activity may be called "mooting".
Moot court is one of the key extracurricular activities in law school. Students typically spend a semester researching and writing the memorials, as well as practising their oral arguments. Whereas domestic moot court competitions tend to focus on municipal law, regional and international moot competitions tend to focus on subjects such as public international law, international human rights law
International human rights law
International human rights law refers to the body of international law designed to promote and protect human rights at the international, regional and domestic levels...
, international humanitarian law
International humanitarian law
International humanitarian law , often referred to as the laws of war, the laws and customs of war or the law of armed conflict, is the legal corpus that comprises "the Geneva Conventions and the Hague Conventions, as well as subsequent treaties, case law, and customary international law." It...
, and international commercial arbitration.
List of notable competitions
| Competition | Established | Subject matter | Annual participation | Location of finals | National or regional rounds | Most wins |
| Jessup Philip C. Jessup International Law Moot Court Competition The Philip C. Jessup International Law Moot Court Competition, also known as the Jessup, is the largest and most prestigious moot competition in the world, attracting participants from over 500 law schools in more than 100 countries in recent years. The competition is a simulation of a fictional... |
1960 | Public international law | 500–600 teams | Washington D.C. | Yes | National University of Singapore National University of Singapore Faculty of Law The National University of Singapore, Faculty of Law is the older of Singapore's two law schools. The Faculty was initially established as the Department of Law in the then University of Malaya in 1956, with the first batch of students matriculating in the following year... (4) University of Texas (4) |
| Willem C. Vis Moot Willem C. Vis Moot The Willem C. Vis International Commercial Arbitration Moot is a prestigious international moot court competition for law students. Since 1994, it is annually being held in Vienna, Austria.... |
1993 | International commercial arbitration | 200–250 teams | Vienna Vienna Vienna is the capital and largest city of the Republic of Austria and one of the nine states of Austria. Vienna is Austria's primary city, with a population of about 1.723 million , and is by far the largest city in Austria, as well as its cultural, economic, and political centre... |
No | Albert Ludwigs University of Freiburg (2) University of Queensland University of Queensland The University of Queensland, also known as UQ, is a public university located in state of Queensland, Australia. Founded in 1909, it is the oldest and largest university in Queensland and the fifth oldest in the nation... (2) |
| Vis East Willem C. Vis Moot The Willem C. Vis International Commercial Arbitration Moot is a prestigious international moot court competition for law students. Since 1994, it is annually being held in Vienna, Austria.... |
2003 | International commercial arbitration | 70–90 teams | Hong Kong Hong Kong Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour... |
No | Loyola Law School Loyola Law School Loyola Law School is the law school of Loyola Marymount University, a private Catholic university in the Jesuit and Marymount traditions, in Los Angeles, California. Loyola was established in 1920. Like Loyola University Chicago School of Law and Loyola University New Orleans College of Law , it... (2) |
| Sir Manfred Lachs Space Law Moot Manfred Lachs Manfred H. Lachs was a Polish diplomat and jurist who greatly influenced in the development of international law after World War II.-Life:... |
1992 | Space law Space law Space law is an area of the law that encompasses national and international law governing activities in outer space. International lawyers have been unable to agree on a uniform definition of the term "outer space," although most lawyers agree that outer space generally begins at the lowest... |
50–60 teams | Varies | Yes | |
| Jean-Pictet Jean Pictet Jean Simon Pictet was a Swiss jurist, expert in international humanitarian law and senior staff member and Vice President of the International Committee of the Red Cross. He was the main architect of the 1949 Geneva Conventions and Additional Protocol I and Protocol II... |
1989 | International humanitarian law International humanitarian law International humanitarian law , often referred to as the laws of war, the laws and customs of war or the law of armed conflict, is the legal corpus that comprises "the Geneva Conventions and the Hague Conventions, as well as subsequent treaties, case law, and customary international law." It... |
48–56 teams | Varies, generally in the Northern hemisphere | No | Université Libre de Bruxelles Université Libre de Bruxelles The Université libre de Bruxelles is a French-speaking university in Brussels, Belgium. It has 21,000 students, 29% of whom come from abroad, and an equally cosmopolitan staff.-Name:... (3) |
| Red Cross (Asia-Pacific) IHL Moot | 2002 | International humanitarian law | 20–30 teams | Hong Kong | Yes | |
| Asia Cup | 1999 | Public international law | 20–30 teams | Tokyo Tokyo , ; officially , is one of the 47 prefectures of Japan. Tokyo is the capital of Japan, the center of the Greater Tokyo Area, and the largest metropolitan area of Japan. It is the seat of the Japanese government and the Imperial Palace, and the home of the Japanese Imperial Family... |
Yes | University of the Philippines University of the Philippines The ' is the national university of the Philippines. Founded in 1908 through Act No... (4) |
| African Human Rights Moot Court Competition African Human Rights Moot Court Competition The African Human Rights Moot Court Competition is an international moot court competition with a special focus on human rights in Africa. The competition is organised by the Centre for Human Rights, based at the University of Pretoria Faculty of Law in South Africa. Each year, the competition is... |
1992 | Human rights in Africa Human rights in Africa Human rights as a legal concept is a relatively recent notion in Africa. The United Nations System, international law and the African Union have certainly all contributed to the establishment of a human rights system in Africa, which has positively and indispensably influenced the advancement of... |
80 teams | Varies within Africa | No | University of Pretoria University of Pretoria The University of Pretoria is a multi campus public research university located in Pretoria, the administrative and de facto capital of South Africa... (5) University of Cocody (5) |
| Maritime Moot | 2000 | International maritime law | 15–20 teams | No | ||
| IP | Intellectual property law | Oxford Oxford The city of Oxford is the county town of Oxfordshire, England. The city, made prominent by its medieval university, has a population of just under 165,000, with 153,900 living within the district boundary. It lies about 50 miles north-west of London. The rivers Cherwell and Thames run through... |
No | |||
| Price Media Law Moot Court | 2008 | International media law | 20–25 teams | Oxford | Yes | |
| D.M. Harish D. M. Harish Memorial Government Law College International Moot Court Competition The D. M. Harish Memorial Government Law College International Moot Court Competition popularly known as DMH, is India’s first and arguably most prestigious International Moot Court Competition. The Competition was instituted in the year 2000 and is jointly organized by the Government Law College,... |
2000 | Public international law | 25–30 teams | Mumbai | No | |
| ELSA World Trade Organisation ELSA Moot Court Competition on WTO Law The ELSA Moot Court Competition on WTO Law is a simulated hearing in the World Trade Organization dispute settlement system. Participating teams represent both the complainant and respondent parties to the case by presenting oral submissions in front of a panel.EMC² panels consist of WTO law... |
2002 | World Trade Organisation | Yes | |||
| Frankfurt Investment Arbitration Moot Court | 2007 | International investment arbitration | 20–30 teams | Frankfurt Frankfurt Frankfurt am Main , commonly known simply as Frankfurt, is the largest city in the German state of Hesse and the fifth-largest city in Germany, with a 2010 population of 688,249. The urban area had an estimated population of 2,300,000 in 2010... |
No | |
| ELMC The European Law Moot Court Competition The European Law Moot Court Competition is an annual moot court competition which is held between rival teams consisting of university students who have an interest in European Union law. The first official competition was held in 1989... |
1988 | European law | 80–100 teams | Luxembourg Luxembourg Luxembourg , officially the Grand Duchy of Luxembourg , is a landlocked country in western Europe, bordered by Belgium, France, and Germany. It has two principal regions: the Oesling in the North as part of the Ardennes massif, and the Gutland in the south... |
Yes | |
| World Human Rights Moot Court Competition World Human Rights Moot Court Competition The World Human Rights Moot Court Competition is a moot court competition on international human rights law. In 2009 the University of Pretoria Faculty of Law's Centre for Human Rights, with the assistance of the Office of the United Nations High Commissioner for Human Rights, organised the... |
2009 | International human rights law International human rights law International human rights law refers to the body of international law designed to promote and protect human rights at the international, regional and domestic levels... |
Pretoria Pretoria Pretoria is a city located in the northern part of Gauteng Province, South Africa. It is one of the country's three capital cities, serving as the executive and de facto national capital; the others are Cape Town, the legislative capital, and Bloemfontein, the judicial capital.Pretoria is... |
No | ||
| Thomas Tang Thomas Tang Moot Court Competition The Thomas Tang International Moot Court Competition, also known as the Tang, is a moot competition sponsored by the National Asian Pacific American Bar Association, attracting participants from law schools in the U.S... |
1993 | 70–80 teams | Varies | Yes | ||
| International Moot Competition on Maritime Arbitration | 2010 | Maritime law | Odessa Odessa Odessa or Odesa is the administrative center of the Odessa Oblast located in southern Ukraine. The city is a major seaport located on the northwest shore of the Black Sea and the fourth largest city in Ukraine with a population of 1,029,000 .The predecessor of Odessa, a small Tatar settlement,... |
No | ||
| Frederick Douglass Moot Court Competition | 1975 | Domestic/International law | 100–125 teams | Varies | Yes | |
| LawAsia | 2006 | International commercial arbitration | 15–25 teams | Varies | Yes | |
| International Law Youth for Peace | 2006 | International humanitarian law | 30 teams | Minsk Minsk - Ecological situation :The ecological situation is monitored by Republican Center of Radioactive and Environmental Control .During 2003–2008 the overall weight of contaminants increased from 186,000 to 247,400 tons. The change of gas as industrial fuel to mazut for financial reasons has worsened... |
||
| ICC Trial Competition | 2007 | International criminal law | 12–19 teams | The Hague The Hague The Hague is the capital city of the province of South Holland in the Netherlands. With a population of 500,000 inhabitants , it is the third largest city of the Netherlands, after Amsterdam and Rotterdam... |
Yes |
List of champions
| Year | Jessup | Vis | Vis East | Space | DMH | IHL Asia-Pacific | Asia Cup | AHRM | Maritime | IP | Price | Jean Pictet | International Law YFP |
| 2011 | University of Sydney University of Sydney The University of Sydney is a public university located in Sydney, New South Wales. The main campus spreads across the suburbs of Camperdown and Darlington on the southwestern outskirts of the Sydney CBD. Founded in 1850, it is the oldest university in Australia and Oceania... |
University of Ottawa University of Ottawa The University of Ottawa is a bilingual, research-intensive, non-denominational, international university in Ottawa, Ontario. It is one of the oldest universities in Canada. It was originally established as the College of Bytown in 1848 by the Missionary Oblates of Mary Immaculate... |
Bond University Bond University Bond University is a private university located in Robina, Gold Coast, Queensland, Australia. It is also the first private university established in Australia... |
Gujarat National Law University Gujarat National Law University Gujarat National Law University is a statutory university established by the Government of Gujarat under the Gujarat National University Act, 2003. This University is based in the city of Gandhinagar, which is the capital of Gujarat and is located 30 kilometers north to the metropolitan city of... |
Victoria University of Wellington Victoria University of Wellington Victoria University of Wellington was established in 1897 by Act of Parliament, and was a former constituent college of the University of New Zealand. It is particularly well known for its programmes in law, the humanities, and some scientific disciplines, but offers a broad range of other courses... |
Singapore Management University SMU School of Law The Singapore Management University School of Law stands out as the University's smallest and most selective faculty with a total annual intake of only around 125 students... |
University of Pretoria University of Pretoria The University of Pretoria is a multi campus public research university located in Pretoria, the administrative and de facto capital of South Africa... Université de Cocody Université de Cocody The University of Cocody-Abidjan is a university in the Cocody section of Abidjan, Côte d'Ivoire. It is one of the elite universities in the country and region... Universidade Eduardo Mondlane Universidade Eduardo Mondlane The Eduardo Mondlane University is the oldest and largest university in Mozambique. The UEM is located in Maputo and has about 8,000 students.-History:... |
London School of Economics London School of Economics The London School of Economics and Political Science is a public research university specialised in the social sciences located in London, United Kingdom, and a constituent college of the federal University of London... |
University of Belgrade University of Belgrade The University of Belgrade is the oldest and largest university of Serbia.Founded in 1808 as the Belgrade Higher School in revolutionary Serbia, by 1838 it merged with the Kragujevac-based departments into a single university... |
Interdisciplinary Center, Herzliya Interdisciplinary Center The Interdisciplinary Center, Herzliya is a private Israeli college located in Herzliya, Israel.The languages of instruction in the Interdisciplinary Center are Hebrew and English.-History:... |
Singapore Management University–National University of Singapore National University of Singapore Faculty of Law The National University of Singapore, Faculty of Law is the older of Singapore's two law schools. The Faculty was initially established as the Department of Law in the then University of Malaya in 1956, with the first batch of students matriculating in the following year... |
||
| 2010 | Australian National University Australian National University The Australian National University is a teaching and research university located in the Australian capital, Canberra.As of 2009, the ANU employs 3,945 administrative staff who teach approximately 10,000 undergraduates, and 7,500 postgraduate students... |
King's College London King's College London King's College London is a public research university located in London, United Kingdom and a constituent college of the federal University of London. King's has a claim to being the third oldest university in England, having been founded by King George IV and the Duke of Wellington in 1829, and... |
Albert Ludwigs University of Freiburg | George Washington University George Washington University The George Washington University is a private, coeducational comprehensive university located in Washington, D.C. in the United States... |
National Law University, Delhi National Law University, Delhi National Law University, Delhi , abbreviated to NLUD is a specialised law university offering courses at the undergraduate and postgraduate levels. It is situated in Sector- 14, Dwarka, New Delhi, India... |
University of Hong Kong | Singapore Management University | Université de Cocody University of Namibia University of Namibia The University of Namibia is the national university of Namibia, located in the Pioneers Park district of Windhoek. Established by an act of National Assembly on 31 August 1992, UNAM includes Colleges of Agriculture and Natural Resources, Economics & Management Science Education, Humanities and... Rhodes University Rhodes University Rhodes University is a public research university located in Grahamstown in the Eastern Cape Province of South Africa, established in 1904. It is the province’s oldest university, and is one of the four universities in the province... |
National University of Singapore | Boston University Boston University Boston University is a private research university located in Boston, Massachusetts. With more than 4,000 faculty members and more than 31,000 students, Boston University is one of the largest private universities in the United States and one of Boston's largest employers... |
Singapore Management University | Interdisciplinary Center, Herzliya | |
| 2009 | Universidad de los Andes University of the Andes, Colombia The University of the Andes , is a coeducational, nonsectarian private university located in city centre Bogotá, Colombia. Founded in 1948, the University has 9 faculties: Administration, Architecture and Design, Arts and Humanities, Sciences, Social Sciences, Law, Economics, Engineering and... |
Victoria University of Wellington | Loyola Law School Loyola Law School Loyola Law School is the law school of Loyola Marymount University, a private Catholic university in the Jesuit and Marymount traditions, in Los Angeles, California. Loyola was established in 1920. Like Loyola University Chicago School of Law and Loyola University New Orleans College of Law , it... |
National Law School of India University National Law School of India University The National Law School of India University is the leading institution for undergraduate and graduate legal education in India. By popular estimates, the school consistently ranks as the most prestigious law school in India... |
Nalsar University of Law Nalsar University of Law The Nalsar University of Law, or officially the National Academy of Legal Studies and Research , is a legal studies institution located in Shamirpet, Hyderabad, India. It was established in 1998 as a state university in an Act of the Andhra Pradesh Legislative Assembly... |
Universitas Indonesia | University of the Philippines University of the Philippines The ' is the national university of the Philippines. Founded in 1908 through Act No... |
University of Ghana University of Ghana The University of Ghana is the oldest and largest of the thirteen Ghanaian universities and tertiary institutions. It is one of the best universities in Africa and by far the most prestigious in West Africa... Université de Dschang Universidade Eduardo Mondlane |
University of Queensland University of Queensland The University of Queensland, also known as UQ, is a public university located in state of Queensland, Australia. Founded in 1909, it is the oldest and largest university in Queensland and the fifth oldest in the nation... |
Queensland University of Technology Queensland University of Technology Queensland University of Technology is an Australian university with an applied emphasis in courses and research. Based in Brisbane, it has 40,000 students, including 6,000 international students, over 4,000 staff members, and an annual budget of more than A$750 million.QUT is marketed as "A... |
Cardozo School of Law | Université de Caen | |
| 2008 | Case Western Reserve University Case Western Reserve University Case Western Reserve University is a private research university located in Cleveland, Ohio, USA... |
Carlos III University of Madrid | Griffith University Griffith University Griffith University is a public, coeducational, research university located in the southeastern region of the Australian state of Queensland. The university has five satellite campuses located in the Gold Coast, Logan City and in the Brisbane suburbs of Mount Gravatt, Nathan and South Bank. Current... |
University of New South Wales | Washington University School of Law Washington University School of Law Washington University School of Law , is a private American law school located in St. Louis, Missouri. The law school is one of the seven graduate and undergraduate schools at Washington University in St. Louis.... |
National University of Singapore | Ateneo de Manila University Ateneo de Manila University The Ateneo de Manila University is a private teaching and research university run by the Society of Jesus in the Philippines. It began in 1859 when the City of Manila handed control of the Escuela Municipal de Manila in Intramuros, Manila, to the Jesuits... |
University of Pretoria University of Ghana Eduardo Mondlane University |
University of Queensland | National University of Singapore | Universidade Federal de Minas Gerais Universidade Federal de Minas Gerais Universidade Federal de Minas Gerais is a federal university located in Belo Horizonte, state of Minas Gerais, Brazil. The students are admitted through yearly exams called vestibular.... |
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| 2007 | University of Sydney | Albert Ludwigs University of Freiburg | Pepperdine University School of Law Pepperdine University School of Law The Pepperdine University School of Law is a law school located on the campus of Pepperdine University in Malibu, California.The school placed 54th among the nation's "Top 100" law schools according to the 2011 U.S. News and World Report rankings and is the third highest ranked law school in... |
George Washington University | University of Cambridge University of Cambridge The University of Cambridge is a public research university located in Cambridge, United Kingdom. It is the second-oldest university in both the United Kingdom and the English-speaking world , and the seventh-oldest globally... |
University of Sydney | University of the Philippines | University of the Free State University of the Free State The University of the Free State is situated in Bloemfontein, the capital of the Free State, South Africa. The university also has a satellite campus in Qwaqwa that was, until 2003, part of the University of the North.-Academic Divisions:... Université Libre de Kinshasa |
Universitas Indonesia | Queensland University of Technology | University of New South Wales | ||
| 2006 | Columbia University Columbia University Columbia University in the City of New York is a private, Ivy League university in Manhattan, New York City. Columbia is the oldest institution of higher learning in the state of New York, the fifth oldest in the United States, and one of the country's nine Colonial Colleges founded before the... |
Loyola Law School | University of Auckland University of Auckland The University of Auckland is a university located in Auckland, New Zealand. It is the largest university in the country and the highest ranked in the 2011 QS World University Rankings, having been ranked worldwide... |
National Law School of India University | University of Queensland | Universitas Indonesia | Gaston Berger University Gaston Berger University Gaston Berger University , or L'Université Gaston Berger , located some outside Saint-Louis, was the second university established in Senegal... University of the Witwatersrand University of the Witwatersrand The University of the Witwatersrand, Johannesburg is a South African university situated in the northern areas of central Johannesburg. It is more commonly known as Wits University... |
Queensland University of Technology | National University of Singapore | Université Libre de Bruxelles Université Libre de Bruxelles The Université libre de Bruxelles is a French-speaking university in Brussels, Belgium. It has 21,000 students, 29% of whom come from abroad, and an equally cosmopolitan staff.-Name:... |
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| 2005 | University of Queensland | Stetson University Stetson University Stetson University is a private university with four colleges and schools located across the I-4 corridor in Central Florida. The primary undergraduate campus is located in DeLand, Florida, USA. In the 2012 U.S... |
West Bengal National University of Juridical Sciences West Bengal National University of Juridical Sciences The West Bengal National University of Juridical Sciences, abbreviated to WBNUJS or NUJS is an autonomous law university offering courses at the undergraduate and postgraduate levels. It is situated in Salt Lake City of Kolkata, West Bengal, India... |
George Washington University | National Law School of India University | National University of Singapore | University of Cocody University of Cape Town University of Cape Town The University of Cape Town is a public research university located in Cape Town in the Western Cape province of South Africa. UCT was founded in 1829 as the South African College, and is the oldest university in South Africa and the second oldest extant university in Africa.-History:The roots of... |
London School of Economics | |||||
| 2004 | Ateneo de Manila University | Osgoode Hall Law School Osgoode Hall Law School Osgoode Hall Law School is a Canadian law school, located in Toronto, Ontario, Canada and affiliated with York University. Named after the first Chief Justice of Ontario, William Osgoode, the law school was established by The Law Society of Upper Canada in 1889 and was the only accredited law... |
Tsinghua University Tsinghua University Tsinghua University , colloquially known in Chinese as Qinghua, is a university in Beijing, China. The school is one of the nine universities of the C9 League. It was established in 1911 under the name "Tsinghua Xuetang" or "Tsinghua College" and was renamed the "Tsinghua School" one year later... |
University of Leiden | National University of Singapore | National University of Singapore | Université Abomey Calavi University of Pretoria |
University of Cambridge | |||||
| 2003 | University of Western Australia | West Bengal National University of Juridical Sciences | University of Auckland | University of the Philippines | University of Cocody University of Natal University of Natal The University of Natal was a university in Natal, and later KwaZulu-Natal in South Africa, that is now part of the University of KwaZulu-Natal. It was founded in 1910 as the Natal University College in Pietermaritzburg, and expanded to include a campus in Durban in 1931. In 1947, the university... |
University of New South Wales | |||||||
| 2002 | University of the Witwatersrand | National University of Singapore | Georgetown University Georgetown University Georgetown University is a private, Jesuit, research university whose main campus is in the Georgetown neighborhood of Washington, D.C. Founded in 1789, it is the oldest Catholic university in the United States... |
Ateneo de Manila University | University of Nairobi University of Nairobi The University of Nairobi is the largest university in Kenya. Although its history as an educational institution goes back to 1956, it did not become an independent university until 1970 when the University of East Africa was split into three independent universities: Makerere University in... Universite de la Reunion |
Université de Fribourg University of Fribourg The University of Fribourg is a university in the city of Fribourg, Switzerland.The roots of the University can be traced back to 1582, when the notable Jesuit Peter Canisius founded the Collège Saint-Michel in the City of Fribourg. In 1763, an Academy of law was founded by the state of Frobourg... |
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| 2001 | National University of Singapore | National University of Singapore | National University of Singapore | Université Tunis III Makerere University Makerere University Makerere University , Uganda's largest and second-oldest higher institution of learning, , was first established as a technical school in 1922. In 1963 it became the University of East Africa, offering courses leading to general degrees from the University of London... |
National University of Singapore | Université catholique de Louvain Université catholique de Louvain The Université catholique de Louvain, sometimes known, especially in Belgium, as UCL, is Belgium's largest French-speaking university. It is located in Louvain-la-Neuve and in Brussels... |
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| 2000 | University of Melbourne | University of Paris XI | Université Catholique d’Afrique Centrale University of Ghana |
National University of Singapore | Université catholique de Louvain (introduction of English-speaking round) | ||||||||
| 1999 | National Law School of India University National Law School of India University The National Law School of India University is the leading institution for undergraduate and graduate legal education in India. By popular estimates, the school consistently ranks as the most prestigious law school in India... |
Deakin University Deakin University Deakin University is an Australian public university with nearly 40,000 higher education students in 2010. It receives more than A$600 million in operating revenue annually, and controls more than A$1.3 billion in assets. It received more than A$35 million in research income in 2009 and had 835... |
Vanderbilt University Vanderbilt University Vanderbilt University is a private research university located in Nashville, Tennessee, United States. Founded in 1873, the university is named for shipping and rail magnate "Commodore" Cornelius Vanderbilt, who provided Vanderbilt its initial $1 million endowment despite having never been to the... |
Université de Cocody University of Nairobi |
Université de Fribourg | ||||||||
| 1998 | Universidad Nacional Autónoma de México | University of North Carolina University of North Carolina Chartered in 1789, the University of North Carolina was one of the first public universities in the United States and the only one to graduate students in the eighteenth century... |
Universidade Eduardo Mondlane University of Botswana University of Botswana The University of Botswana, or UB was established in 1982 as the first institution of higher education in Botswana. The university has four campuses: two in the capital city Gaborone, one in Francistown, and another in Maun. The university is divided into six faculties: Business, Education,... |
Université Libre de Bruxelles | |||||||||
| 1997 | Universidad Católica Andrés Bello Universidad Católica Andrés Bello Universidad Católica Andrés Bello is a private university in Venezuela. One of the biggest universities in Venezuela, UCAB has campuses in several cities, such as Caracas , Los Teques, Guayana and Coro.... |
University of Paris XI | University of the Witwatersrand Makerere University Makerere University Makerere University , Uganda's largest and second-oldest higher institution of learning, , was first established as a technical school in 1922. In 1963 it became the University of East Africa, offering courses leading to general degrees from the University of London... |
University of Auvergne University of Auvergne The University of Auvergne , also known as “Universite d'Auvergne Clermont-Ferrand I” or Clermont-Ferrand I, is a French public university, based in Clermont-Ferrand, in the region of Auvergne. It is under the Academy of Clermont-Ferrand. It is the head of PRES Clermont Université consortium; PRES... |
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| 1996 | University of Sydney | Cornell University Cornell University Cornell University is an Ivy League university located in Ithaca, New York, United States. It is a private land-grant university, receiving annual funding from the State of New York for certain educational missions... |
University of Helsinki University of Helsinki The University of Helsinki is a university located in Helsinki, Finland since 1829, but was founded in the city of Turku in 1640 as The Royal Academy of Turku, at that time part of the Swedish Empire. It is the oldest and largest university in Finland with the widest range of disciplines available... |
University of Pretoria University of Nairobi Université Hassan II, Casablanca |
Université du Québec à Montréal Université du Québec à Montréal The Université du Québec à Montréal is one of four universities in Montreal, Quebec, Canada.-Basic facts:The UQAM is the largest constituent element of the Université du Québec , a public university system with other branches in Gatineau , Rimouski, Rouyn-Noranda, Quebec City, Chicoutimi, and... |
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| 1995 | University of the Philippines | Albert Ludwigs University of Freiburg | University of North Carolina | Rand Afrikaans University Rand Afrikaans University The Rand Afrikaans University ' was a prominent South African institution of higher education and research that served the greater Johannesburg area and surrounds in from 1967 to 2004... Makerere University |
Graduate Institute of International Studies Graduate Institute of International Studies The Graduate Institute of International Studies, best known as HEI , was founded in 1927 as one of the first institutions in the world dedicated to the study of international relations... |
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| 1994 | National University of Singapore | Columbia University | John Marshall University | University of Natal | Collège militaire royal du Canada Royal Military College of Canada The Royal Military College of Canada, RMC, or RMCC , is the military academy of the Canadian Forces, and is a degree-granting university. RMC was established in 1876. RMC is the only federal institution in Canada with degree granting powers... |
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| 1993 | University of Melbourne | Leiden University | University of Witwatersrand | Essex University | |||||||||
| 1992 | Universite de Paris I University of Paris The University of Paris was a university located in Paris, France and one of the earliest to be established in Europe. It was founded in the mid 12th century, and officially recognized as a university probably between 1160 and 1250... |
George Washington University | University of Pretoria | Barreau de Montréal Bar of Montreal The Bar of Montreal is the bar association for lawyers in the city of Montreal, Canada. . It has it beginnings in 1693 when, as a Royal Province of the French colonial empire, Canadien lawyers first tried to obtain official recognition but were refused by Governor General of New France Louis de... |
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| 1991 | University of Saskatchewan University of Saskatchewan The University of Saskatchewan is a Canadian public research university, founded in 1907, and located on the east side of the South Saskatchewan River in Saskatoon, Saskatchewan, Canada. An "Act to establish and incorporate a University for the Province of Saskatchewan" was passed by the... |
Barreau de Montréal | |||||||||||
| 1990 | University of Georgia University of Georgia The University of Georgia is a public research university located in Athens, Georgia, United States. Founded in 1785, it is the oldest and largest of the state's institutions of higher learning and is one of multiple schools to claim the title of the oldest public university in the United States... |
Aix-Marseille III | |||||||||||
| 1989 | University of British Columbia University of British Columbia The University of British Columbia is a public research university. UBC’s two main campuses are situated in Vancouver and in Kelowna in the Okanagan Valley... |
Université Libre de Bruxelles | |||||||||||
| 1988 | University of Melbourne | ||||||||||||
| 1987 | Georgetown University | ||||||||||||
| 1986 | Boston College Boston College Boston College is a private Jesuit research university located in the village of Chestnut Hill, Massachusetts, USA. The main campus is bisected by the border between the cities of Boston and Newton. It has 9,200 full-time undergraduates and 4,000 graduate students. Its name reflects its early... |
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| 1985 | National University of Singapore | ||||||||||||
| 1984 | Dalhousie University Dalhousie University Dalhousie University is a public research university located in Halifax, Nova Scotia, Canada. The university comprises eleven faculties including Schulich School of Law and Dalhousie University Faculty of Medicine. It also includes the faculties of architecture, planning and engineering located at... |
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| 1983 | University of Kansas University of Kansas The University of Kansas is a public research university and the largest university in the state of Kansas. KU campuses are located in Lawrence, Wichita, Overland Park, and Kansas City, Kansas with the main campus being located in Lawrence on Mount Oread, the highest point in Lawrence. The... |
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| 1982 | National University of Singapore | ||||||||||||
| 1981 | Australian National University | ||||||||||||
| 1980 | Georgetown University | ||||||||||||
| 1979 | Northwestern University Northwestern University Northwestern University is a private research university in Evanston and Chicago, Illinois, USA. Northwestern has eleven undergraduate, graduate, and professional schools offering 124 undergraduate degrees and 145 graduate and professional degrees.... |
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| 1978 | Brooklyn Law School Brooklyn Law School Brooklyn Law School is a law school located in Brooklyn Heights, in Downtown Brooklyn, New York.-History:Founded in 1901 by William Payson Richardson and Norman P. Heffley, Brooklyn Law School was the first law school on Long Island. Using space provided by Heffley’s business school, the law... |
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| 1977 | University of Kansas | ||||||||||||
| 1976 | University of Toronto University of Toronto The University of Toronto is a public research university in Toronto, Ontario, Canada, situated on the grounds that surround Queen's Park. It was founded by royal charter in 1827 as King's College, the first institution of higher learning in Upper Canada... |
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| 1975 | Cambridge University | ||||||||||||
| 1974 | University of Texas | ||||||||||||
| 1973 | West Virginia University West Virginia University West Virginia University is a public research university in Morgantown, West Virginia, USA. Other campuses include: West Virginia University at Parkersburg in Parkersburg; West Virginia University Institute of Technology in Montgomery; Potomac State College of West Virginia University in Keyser;... |
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| 1972 | University of Miami University of Miami The University of Miami is a private, non-sectarian university founded in 1925 with its main campus in Coral Gables, Florida, a medical campus in Miami city proper at Civic Center, and an oceanographic research facility on Virginia Key., the university currently enrolls 15,629 students in 12... |
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| 1971 | University of Texas | ||||||||||||
| 1970 | University of Miami | ||||||||||||
| 1969 | Rutgers University Rutgers University Rutgers, The State University of New Jersey , is the largest institution for higher education in New Jersey, United States. It was originally chartered as Queen's College in 1766. It is the eighth-oldest college in the United States and one of the nine Colonial colleges founded before the American... University of Michigan University of Michigan The University of Michigan is a public research university located in Ann Arbor, Michigan in the United States. It is the state's oldest university and the flagship campus of the University of Michigan... |
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| 1968 | Duke University Duke University Duke University is a private research university located in Durham, North Carolina, United States. Founded by Methodists and Quakers in the present day town of Trinity in 1838, the school moved to Durham in 1892. In 1924, tobacco industrialist James B... |
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| 1967 | Vanderbilt University | ||||||||||||
| 1966 | University of Texas | ||||||||||||
| 1965 | Columbia University | ||||||||||||
| 1964 | University of Texas | ||||||||||||
| 1963 | Columbia University |
List of notable competitions
- Australian Law Students' Association
- Ames Moot Court CompetitionAmes Moot Court CompetitionThe Ames Moot Court Competition is the annual upper level moot court competition at Harvard Law School. It is designed and administered by the Board of Student Advisers and has been in existence since 1911.-Format and History:...
at Harvard Law SchoolHarvard Law SchoolHarvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S... - English Speaking Union Moot
- Harold G. Fox MootHarold G. Fox MootThe Harold G. Fox Moot is an annual Canadian advocacy competition open to all law schools. It is intended to promote the furtherance of legal education in the intellectual property field. The moot is named in honour of the late Harold G. Fox, one of Canada’s leading intellectual property scholars...
- Giles Sutherland RichGiles Sutherland RichGiles Sutherland Rich was a judge on the United States Court of Customs and Patent Appeals and later on the United States Court of Appeals for the Federal Circuit , and arguably had more influence than any other individual on modern U.S. patent law.Rich was born May 30, 1904 in Rochester, New York...
Memorial Moot Court Competition - London Universities Mooting ShieldLondon Universities Mooting ShieldThe London Universities Mooting Shield, mostly known as LUMS, is an annual mooting league competition featuring teams of undergraduate students from University Law Faculties across London. The competition is run 'by students, for students' , and a strong emphasis is placed on personal development...
- New York City Bar Association National Moot Court Competition
- [Conrad B. Duberstein Moot Court Competition]
- NZLSA Bell Gully Mooting CompetitionNZLSA Bell Gully Mooting CompetitionBell Gully Mooting is the longest-running New Zealand Law Students' Association moot court competition has been sponsored for many years by Bell Gully....
Operation
Law schools structure their moot court programs differently. Some moot court organizations accept a small group of people for membership, and those members each participate in a number of national or regional moot court competitions. Other schools accept a larger number of members, and each member is matched with one competition. A few schools conduct moot court entirely intramurally. Moot court competitions are typically sponsored by organizations with interest in one particular area of law, and the moot court problems address an issue in that field. Competitions are often judged by legal practitioners with expertise in the particular area of law, or sometimes by sitting judges.The basic structure of a moot court competition roughly parallels what would happen in actual appellate practice. Participants will typically receive a problem ahead of time, which includes the facts of the underlying case, and often an opinion
Legal opinion
In law, an opinion is usually a written explanation by a judge or group of judges that accompanies an order or ruling in a case, laying out the rationale and legal principles for the ruling....
from a lower court that is being challenged in the problem. Students must then research and prepare for that case as if they were lawyers or advocates for one or sometimes both of the parties. Depending on the competition, participants will be required to submit written briefs, participate in oral argument, or both. The case or problem is often one of current interest, sometimes mimicking an actual case, and sometimes fabricated to address difficult legal issues.
A number of moot court competitions focus on specific areas of law. For example, the First Amendment Center
First Amendment Center
The First Amendment Center is an advocacy group in the United States that works to preserve and protect First Amendment freedoms through information and education. The Center serves as a forum for the study and exploration of free-expression issues, including freedom of speech, of the press and of...
annually holds a National First Amendment Moot Court Competition, in which the judges have included numerous United States Circuit Court
United States court of appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal court system...
Judges.
The American Collegiate Moot Court Association
Every year undergraduates across the world participate in moot courts (simulating argument before the Supreme Court). In the United States, undergraduates experience moot court in a variety of disciplines and a variety of settings. The most common are in-class exercises that are assigned by professors. Other schools actually form competitive teams. These teams often compete in intramural events, some in statewide competitions, or they can enter tournaments sponsored by the American Collegiate Moot Court Association – the only national organization dedicated to intercollegiate moot court. The ACMA was founded by Dr. Charles Knerr, a political science professor at the University of Texas, Arlington, and by Texas attorney Andrew Sommerman. Since 2001, ACMA has hosted the Championship Tournament to crown the national champion of intercollegiate moot court.The first several national championship tournaments were hosted successfully by the Honors College at UT-Arlington. The event was open to all comers, and even its first tournament drew teams from across the country even though the field was just over 20 teams. In the next several years, the event continued to grow, typically to between 70-80 teams, and attracted schools from across the United States.
In 2006, ACMA made two decisions that appear to have served as a catalyst to increase substantially the growth of intercollegiate moot court. First, the Executive Committee agreed to move the Championship Tournament to different sites across the country. Since 2007, the event has been hosted by the law schools at Regent University (Virginia Beach, VA), Drake University (Des Moines, IA), Chapman University (Orange, CA), and Florida International University (Miami, FL). The 2010-2011 Championship Tournament was hosted by the law school at Tulane University (New Orleans, LA).
Second, the Executive Committee opted to sponsor a series of national qualifying tournaments in venues across the nation. The process of requiring teams to qualify for the championship tournament certainly seems to have spurred interest in moot court nation-wide. Not only has the organization grown in size, it now truly hosts a national field.
While undergraduate moot court is still a relatively new forensics activity, when compared with speech and debate and intercollegiate mock trial, by the 2009-2010 season, there were 248 teams who competed at the regional tournaments hosted by California State University, Long Beach, Fitchburg State University (MA), Hamline University (MN), Regent School of Law (VA), Texas Tech School of Law, the University of Tampa (FL), the University of Arkansas at Little Rock Bowen School of Law, and The College of Wooster (OH). The regional tournaments vary by size, but there is a standardized process for awarding bids to nationals. Currently, teams that finish in the top 25 percent of each regional earn an automatic bid to the national tournament. The remainder of the 64 team field is awarded to at-large teams with the best records at the qualifying events. No school can earn more than eight bids to the national field. ACMA tournaments currently have three preliminary rounds and a series of elimination rounds are very much like the “sudden death”/”one-and-done” nature of the NCAA basketball tournament. The qualifying tournaments are held during the fall semester, most are in November, and the championship tournament is in mid-January.
ACMA is governed by an Executive Committee of educators and attorneys from member schools. It has an elected President who is empowered to implement decisions made by the Executive Committee between called business meetings.
There are other organizations that sponsor intercollegiate moot court tournaments, and will, for instance, host statewide championships, e.g., the Texas Undergraduate Moot Court Association (TUMCA). Smaller invitational tournaments exist which enable teams to gain additional experience in moot court. In California, for instance, students compete in the spring in the California Classic. This event has been held at Mt. St. Mary’s College and Fresno State University. There is also fall scrimmage in Texas that has drawn a number of teams from around the nation. Additionally, in 2008, there was a four-school event in the District of Columbia at the Prettyman Judicial Complex. These invitational tournaments are not ACMA-sanctioned events.
The Case
Undergraduate moot court cases pose two certified questions. The case (known as the “record”) includes an appellate majority opinion and a dissent. The “library” is a closed one. Typically, the record includes twenty opinions that students can rely upon for their arguments. Rules allow them to refer to cases cited in the cases directly included in the record. However, they can only rely on these cases within cases to the degree that they were used by the authorities directly in the record. All teams competing in ACMA-sponsored events will argue the same case. ACMA students have engaged in oral argument on issues such as same-sex marriage, national health care, privacy under the 4th Amendment, life terms for minors who are not guilty of murder or attempted murder, freedom of religion, a federal ban on firearms on school grounds, and warrantless domestic wiretapping of suspected terrorists. Cases are written by the ACMA. The case problem is released on the ACMA website by May 1 of each year.
The Teams
Undergraduate moot court teams consist of two oral advocates. The advocates are responsible for knowing both issues – but typically are only asked about one certified question. Each team will receive 20 minutes to argue its case, and each advocate must speak for a minimum of seven minutes. Teams are judged on their forensics, knowledge of the law, demeanor, and ability to answer questions from the bench.
The Judges
Good judges are the key to a good moot court hearing. Judges are typically lawyers or members of the state or federal bench. At times, law students (especially those with past undergraduate moot court experience) are asked to judge. Past judges at ACMA events have included former US Attorney General John Ashcroft, former White House Counsel, D. Edward Wilson, former legal counsel for the US Department of the Treasury D.J. Gribin, Assistant Attorney General for the State of Maryland Amanda Stakum Conn, Supreme Court reporter for the LA Times David Savage, California Courts of Appeals Justices Paul Turner and Raymond Ikola, a great number of federal judges, including The Honorable Otis Wright, George Schiavelli, and Gerald Lewis, numerous state trial judges, and several law school deans.
Past Oral Advocacy National Champions
From 2001-2010, ACMA has hosted 10 Championship Tournaments. In that time, seven different schools have been crowned as national champions. Patrick Henry College, of Purcellville, Virginia, is the only institution to have won multiple intercollegiate moot court championships.
| Year | Winner | Runner-Up |
|---|---|---|
| 2001 | Hardin Simmons College (Marta DeLeon and Sarah Horn) | Fitchburg State College Fitchburg State College Fitchburg State University, also known as Fitchburg State, is a four-year public institution of higher learning with a compact urban campus, located in the city of Fitchburg, Massachusetts. Fitchburg State University has over 3,500 undergraduate and over 1650 graduate/continuing education... |
| 2002 | Howard Payne University Howard Payne University Howard Payne University is a four-year private university located in Brownwood, Texas.Currently the university enrolls 1,400 full-time students. Howard Payne is known for the Douglas MacArthur Academy of Freedom, its Music program and its Christian Studies program... (Rob Welker and Lorianna Anderson) |
University of North Texas University of North Texas The University of North Texas is a public institution of higher education and research in Denton. Founded in 1890, UNT is part of the University of North Texas System. As of the fall of 2010, the University of North Texas, Denton campus, had a certified enrollment of 36,067... |
| 2003 | California State University - Long Beach (Thomas Hartnett and Ja'Nene Hall) | Patrick Henry College Patrick Henry College Patrick Henry College is a private, independent college with Evangelical Christian basis that focuses on teaching classical liberal arts and government, located in Purcellville, Virginia, United States The first college in the United States founded specifically for Christian home-schooled... |
| 2004 | University of Texas at Arlington University of Texas at Arlington The University of Texas at Arlington is a public research university located in Arlington, Texas, United States. The campus is situated southwest of downtown Arlington, and is located in the Dallas–Fort Worth metropolitan area. The university was founded in 1895 and served primarily a military... (Andrew Stublefield and Mark Melton) |
College of the Holy Cross College of the Holy Cross The College of the Holy Cross is an undergraduate Roman Catholic liberal arts college located in Worcester, Massachusetts, USA... |
| 2005 | Patrick Henry College Patrick Henry College Patrick Henry College is a private, independent college with Evangelical Christian basis that focuses on teaching classical liberal arts and government, located in Purcellville, Virginia, United States The first college in the United States founded specifically for Christian home-schooled... (Peter Kamakawiwoole and Sara Wilson) |
College of the Holy Cross College of the Holy Cross The College of the Holy Cross is an undergraduate Roman Catholic liberal arts college located in Worcester, Massachusetts, USA... |
| 2006 | Patrick Henry College Patrick Henry College Patrick Henry College is a private, independent college with Evangelical Christian basis that focuses on teaching classical liberal arts and government, located in Purcellville, Virginia, United States The first college in the United States founded specifically for Christian home-schooled... (Brian Wright and Rachel Williams) |
Patrick Henry College Patrick Henry College Patrick Henry College is a private, independent college with Evangelical Christian basis that focuses on teaching classical liberal arts and government, located in Purcellville, Virginia, United States The first college in the United States founded specifically for Christian home-schooled... |
| 2007 | Armstrong Atlantic State University Armstrong Atlantic State University Armstrong Atlantic State University, also referred to as Armstrong Atlantic, Armstrong, or simply AASU, is a four-year public university part of the University System of Georgia. It is located on a campus in suburban Savannah, Georgia, United States... (Adam Morrison and Brian Dotson) |
The College of Wooster The College of Wooster The College of Wooster is a private liberal arts college primarily known for its Independent study program. It has roughly 2,000 students and is located in Wooster, Wayne County, Ohio, United States . Founded in 1866 by the Presbyterian church as the University of Wooster, it was from its creation... |
| 2008 | The College of Wooster The College of Wooster The College of Wooster is a private liberal arts college primarily known for its Independent study program. It has roughly 2,000 students and is located in Wooster, Wayne County, Ohio, United States . Founded in 1866 by the Presbyterian church as the University of Wooster, it was from its creation... (Katharine McCarthy and Drew Glassroth) |
Patrick Henry College Patrick Henry College Patrick Henry College is a private, independent college with Evangelical Christian basis that focuses on teaching classical liberal arts and government, located in Purcellville, Virginia, United States The first college in the United States founded specifically for Christian home-schooled... |
| 2009 | Patrick Henry College Patrick Henry College Patrick Henry College is a private, independent college with Evangelical Christian basis that focuses on teaching classical liberal arts and government, located in Purcellville, Virginia, United States The first college in the United States founded specifically for Christian home-schooled... (Rachel Heflin and Aidan Grano) |
Patrick Henry College Patrick Henry College Patrick Henry College is a private, independent college with Evangelical Christian basis that focuses on teaching classical liberal arts and government, located in Purcellville, Virginia, United States The first college in the United States founded specifically for Christian home-schooled... |
| 2010 | Patrick Henry College Patrick Henry College Patrick Henry College is a private, independent college with Evangelical Christian basis that focuses on teaching classical liberal arts and government, located in Purcellville, Virginia, United States The first college in the United States founded specifically for Christian home-schooled... (Rachel Heflin and Jenna Lorence) |
Baylor University Baylor University Baylor University is a private, Christian university located in Waco, Texas. Founded in 1845, Baylor is accredited by the Southern Association of Colleges and Schools.-History:... |
| 2011 | Patrick Henry College Patrick Henry College Patrick Henry College is a private, independent college with Evangelical Christian basis that focuses on teaching classical liberal arts and government, located in Purcellville, Virginia, United States The first college in the United States founded specifically for Christian home-schooled... (Alex Harris and Brett Harris) |
The College of Wooster The College of Wooster The College of Wooster is a private liberal arts college primarily known for its Independent study program. It has roughly 2,000 students and is located in Wooster, Wayne County, Ohio, United States . Founded in 1866 by the Presbyterian church as the University of Wooster, it was from its creation... |
Past National Orator Champions
| Year | Winner | Institution |
|---|---|---|
| 2010 | Katharine Andrew | Holy Cross |
| 2011 | Blake Meadows | Patrick Henry College Patrick Henry College Patrick Henry College is a private, independent college with Evangelical Christian basis that focuses on teaching classical liberal arts and government, located in Purcellville, Virginia, United States The first college in the United States founded specifically for Christian home-schooled... |
Written advocacy
The ACMA also sponsors a brief writing contest. Students are not required to prepare briefs in order to compete for the oral advocacy national title. Teams who enter follow a specific set of rules and compete for prizes. The competition is judged by lawyers and law professors. This competition is named for the late Sandra Knerr, who along with her husband, was a dedicated supporter of intercollegiate moot court.
United Kingdom
The courts systems differ in various parts of the United KingdomUnited Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. Thus, the style of a moot will often vary depending in which jurisdiction it is to be heard, although some national competitions do exist. The principal differences are between the laws in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
and those in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
. Each jurisdiction is dealt with separately below.
England and Wales
In England and Wales the moot will typically simulate proceedings in either the Court of AppealCourt of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
or the Supreme Court
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom is the supreme court in all matters under English law, Northern Ireland law and Scottish civil law. It is the court of last resort and highest appellate court in the United Kingdom; however the High Court of Justiciary remains the supreme court for criminal...
.
Moot questions generally involve two questions of law that are under dispute and come with a set of facts about the case that have been decided at the first instance trial. Generally the question will surround a subject that is unclear under the present state of the law and for which no direct precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
exists. Mooting is a team effort, consisting of senior or lead counsel
Counsel
A counsel or a counselor gives advice, more particularly in legal matters.-U.K. and Ireland:The legal system in England uses the term counsel as an approximate synonym for a barrister-at-law, and may apply it to mean either a single person who pleads a cause, or collectively, the body of barristers...
and junior counsel
Counsel
A counsel or a counselor gives advice, more particularly in legal matters.-U.K. and Ireland:The legal system in England uses the term counsel as an approximate synonym for a barrister-at-law, and may apply it to mean either a single person who pleads a cause, or collectively, the body of barristers...
. It is normal practice for the senior counsel will take on the first point and the junior the second; although this may vary depending upon the exact nature, and necessary length, of the argument
Argument
In philosophy and logic, an argument is an attempt to persuade someone of something, or give evidence or reasons for accepting a particular conclusion.Argument may also refer to:-Mathematics and computer science:...
s. Typically the question will focus on one area of law, e.g. tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
, contract
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
, criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
or the law of property
Property law
Property law is the area of law that governs the various forms of ownership in real property and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property...
.
The question will be provided to the teams a few weeks in advance of the moot along with details as to which of the appellant or respondent they are to represent. It is then up to each team to prepare their case as though they were barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
s. Authority for each argument is necessary and will usually take the form of precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
from case law
Case law
In law, case law is the set of reported judicial decisions of selected appellate courts and other courts of first instance which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis...
but may also involve legislation
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
. Reliance may also be placed on governmental papers, research from NGOs and academic journals and texts.
A few days before the moot takes place each team will prepare and exchange their skeleton arguments or brief. Copies will also be provided to the judge along with the moot problem. The judge is normally an academic or practising solicitor or barrister.
The moot itself takes the form of an oral argument
Oral argument
Oral arguments are spoken presentations to a judge or appellate court by a lawyer of the legal reasons why they should prevail. Oral argument at the appellate level accompanies written briefs, which also advance the argument of each party in the legal dispute...
. The order in which the advocates will speak mirrors that of the actual courts the exercise is based upon. In England and Wales the order would be as follows:
- senior counsel for the appellant
- senior counsel for the respondent
- junior counsel for the appellant
- junior counsel for the respondent
The competition may also allow the appellants an additional few minutes in order to reply to the respondents arguments.
After the presentation of arguments has concluded, the judge will retire to deliberate on both the law and the overall winning of the moot. A moot is not won and lost on the legal argument, but on the advocacy skills of the participants. It is often the case that the team that has the weaker legal argument is in a better position as they have to argue that much more persuasively.
Scotland
In ScotlandScots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
a moot can be set in a variety of fora; in civil law problems it is set most commonly in either the Inner House of the Court of Session
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
or in the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
, although it is not uncommon for a moot to be heard in the Sheriff Court
Sheriff Court
Sheriff courts provide the local court service in Scotland, with each court serving a sheriff court district within a sheriffdom.Sheriff courts deal with a myriad of legal procedures which include:*Solemn and Summary Criminal cases...
before the Sheriff or Sheriff Principal. Occasionally, an Employment Appeal Tribunal
Employment Appeal Tribunal
The Employment Appeal Tribunal is a tribunal non-departmental public body in England and Wales and Scotland, and is a superior court of record. Its primary role is to hear appeals from Employment Tribunals in England, Scotland and Wales...
may also be used as a forum for a Scottish civil law moot.
If the moot problem concerns Criminal Law, the moot will most likely be heard as though in the Appellate division of the High Court of Justiciary
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...
(commonly known as the Court of Criminal Appeal).
The moot points and style of the problem are similar to that of England and Wales stated above; however, the format of the moot is significantly different. Junior counsel is more likely to take the first moot point and senior counsel the second (this can however be reversed depending on the problem).
The order in which the Advocates
Faculty of Advocates
The Faculty of Advocates is an independent body of lawyers who have been admitted to practise as advocates before the courts of Scotland, especially the Court of Session and the High Court of Justiciary...
will speak mirrors that of the actual courts the exercise is based upon. The order would be as follows:
- junior counsel for the appellant
- junior counsel for the respondent
- senior counsel for the appellant
- senior counsel for the respondent
Please note the terms 'appellant' and 'respondent' are used loosely, and depending on the forum, may not be the correct terms, e.g. in an appeal to the Inner House of the Court of Session
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
(known as a 'reclaiming motion', the appellants are in real life known as 'reclaimers').
Generally, Scottish competitions do not allow the appellants a final right of rebuttal of the respondents' arguments.
The format of the moot is far more adversarial than that of English and Welsh moots. This is primarily due to a more adversarial legal system. This manifests itself in different ways, most notably with the appellants and respondents facing each other during a moot, rather than, as in England and Wales, facing the judge.
There is only one national Scottish competition, the Alexander Stone National Legal Debate, administered by the Law School at the University of Glasgow
University of Glasgow
The University of Glasgow is the fourth-oldest university in the English-speaking world and one of Scotland's four ancient universities. Located in Glasgow, the university was founded in 1451 and is presently one of seventeen British higher education institutions ranked amongst the top 100 of the...
. All Scottish universities that offer the LL.B. are eligible to take part, although in recent years the competition has been fought out mainly between Dundee, Edinburgh, Glasgow and Strathclyde universities. The final is held in the Alexander Stone Court Room at the University of Glasgow in February or March each year. The current holder of the trophy is Strathclyde
Strathclyde Law School
Strathclyde Law School was established in 1964 and operates within the Faculty of Humanities & Social Sciences at the University of Strathclyde, in Glasgow, Scotland....
.
There is also an annual inter-varsity competition between the Law Schools of Glasgow and Strathclyde
Strathclyde Law School
Strathclyde Law School was established in 1964 and operates within the Faculty of Humanities & Social Sciences at the University of Strathclyde, in Glasgow, Scotland....
, in the form of the Glasgow Sheriff's Cup. This is organised by Glasgow Sheriff Court
Sheriff Court
Sheriff courts provide the local court service in Scotland, with each court serving a sheriff court district within a sheriffdom.Sheriff courts deal with a myriad of legal procedures which include:*Solemn and Summary Criminal cases...
and is judged by a Senator of the College of Justice
Senator of the College of Justice
The Senators of the College of Justice are judges of the College of Justice, a set of legal institutions involved in the administration of justice in Scotland. There are three types of Senator: Lords of Session ; Lords Commissioner of Justiciary ; and the Chairman of the Scottish Land Court...
. The moot is held annually in May or June each year and takes place in one of the larger court rooms at Glasgow and Strathkelvin Sheriff Court. The current holder of the trophy is Glasgow
University of Glasgow
The University of Glasgow is the fourth-oldest university in the English-speaking world and one of Scotland's four ancient universities. Located in Glasgow, the university was founded in 1451 and is presently one of seventeen British higher education institutions ranked amongst the top 100 of the...
, while Glasgow University lead the series 11-9.
Law Schools in Scotland also take part in UK-wide competitions, such as the Oxford University Press
Oxford University Press
Oxford University Press is the largest university press in the world. It is a department of the University of Oxford and is governed by a group of 15 academics appointed by the Vice-Chancellor known as the Delegates of the Press. They are headed by the Secretary to the Delegates, who serves as...
and the English Speaking Union Moot. These moots are UK-wide in participation, but typically follow the style and law of moots in England and Wales. The University of Glasgow reached the semi-final of the English Speaking Union moot in 2008 and the final in 2005. The University of Dundee reached the semi finals of The Oxford University Press moots in 2009.
Judges in Scottish moots are typically legal academics, solicitors, sheriffs, advocates or Senators of the College of Justice.
See also
- MootnessMootnessIn American law, a matter is moot if further legal proceedings with regard to it can have no effect, or events have placed it beyond the reach of the law...
, which has a precise meaning in United States law that is quite different from United Kingdom usage. - Moot Alumni Association (MAA), the Alumni Association of the Willem C. Vis International Commercial Arbitration Moot