1 Moot Court Basics

Moot Court competitions are based on the simulation of an appellate court proceeding.
Teams are given a ctitious case with an established set of facts and are expected to
use real life case law in constructing an argument for or against the lower courts ruling.
The ctitious case is called the problem
In each proceeding, two teams will go up against each other with one representing the
petitioner and one representing the respondent. The petitioner is the party that lost
at the lower level. The respondent is the party that won at the lower level.
There are two people to a team. Typically, the cases are set up so that there are
two major constitutional issues in question, allowing a neat division between team
members arguments. This year, there is a First Amendment free speech issue and a
Fourth Amendment search issue.
Each team is allotted an accumulative of 20 minutes to give their argument. Teams
can divide the time up as they wish, however there is a 7 minute minimum per person.
Petitioners have the option of reserving uo to three minutes for rebuttal, but must
request to do so prior to the beginning of each round.
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2 Making an argument
Where do I start?
Read the problem - http://falcon.fsc.edu/mootcourt/
Use the Opinion of the lower court to help construct the basic gist of your argument
(this is the case problem - it is a majority opinion and a dissent from the ctions lower
court that already ruled in this area)
Both the majority and the dissenting opinion give concrete legal arguments for both
sides
At the end of the Opinion, there is a list of other cases that you can use to support
your argument.
Read the cases cited in the problem for your issue
Use these cases to expound on the argument given in the opinion and make it your
own.
Back up all claims with Case Law - If possible, try to cite at least two cases for every
major point. - Become very familiar with the cases that you cite:
Know the split: If its a 7-2 decision it gives it more strength, if its a 5-4 decision
you should try to avoid pointing that out.
Know the facts, and the reasoning behind the ruling.
Case law is the backbone of your argument. A better understanding of the case
law will lead to a stronger command of your argument.
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How to Brief a Case
Write briefs for all of the cases cited for your side.
Name, year, vote court
Ex: Texas vs. Johnson, 1989, 5-4
Petitioner vs Respondent, Appellant vs Appellee, Loser at previous lvl vs. Winner
at previous lvl
FACTS
4- 9 sentences... SHORT
Who did what to whom? Source of law - statute that infringes on a rt or liberty
- whats the battle about?
ISSUE
Single sentence, yes/no question
Is X constitutional? is NOT sucient
REASONING
No more than half a page!
Why is the Ct deciding the way its deciding? - Stare decisis - precedent - common
law decision stands (Ikemen - Kennedy sides to protect ag burning bc of TX vs
Johnson)
HOLDING
2-3 sentences
Summarizes rule of law, who won, who lost
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How do I write an argument?
I) The theory of your case: This is a single sentence which explains your broad argument
of why your side should win.
1) Big point one: This is your rst legal reason explaining why your broad argu-
ment in your theory is the best.
a) Subpoint one: A case or a reason supporting big point one
b) Subpoint two: A case or a reason supporting big point one
2) Big point two: This is your second legal reason explaining why your broad
argument in your theory is the best.
a) Subpoint one: A case or a reason supporting big point two
b) Subpoint two: A case or a reason supporting big point two
Conclusion: This is a single sentence you can deliver while maintaining eye contact
with the judges, persuading them why your side should win.
What do I say in a round?
Introduction May it please the court, my name is , and along with my
co-council we represent the petitioner/respondent. I will be addressing the
issue and my co-council will be addressing the , issue.
Statement of the facts If you are the rst speaker of the petitioner: Ask the Judges
if they would like to hear a brief statement. If they say yes, be sure to make it as brief
as possible without skipping over the main points. Less time on the facts = more time
on your argument.
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Statement of your issue - The issue before the Court is whether the federal govern-
ments issuance of an administrative subpoena requiring a commercial Internet Service
Provider (ISP) to turn over the content of a subscribers chat room dialogue violated
the Fourth Amendment?
Answer the issue and road map It was (or was not) a violation of the Fourth
Amendment for two reasons: one) Big point one and two) Big point two.
Discuss your argument - State Big point one and use sub point one and two to
explain it. Cite relevant case law and apply them to the relevant facts. - judges will
begin to ask you questions so you have to be comfortable with your argument
Move on to Big Point Two
Conclusion - In light of Big Point One and Big Point Two, I respectfully request
that this Court would nd in favor of the petitioner/respondent and reverse/uphold
the ruling of the lower court. Thank you.
Rebuttal (For Petitioner ONLY): Hit on one or two points, most important point
rst. - Attack misstatements and weaknesses of Respondents argument
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3 Court Room Etiquette
Dress is business formal.
Be extremely respectful. When addressing judges, refer to them as Your Honor.
Keep hand gestures to a minimum. Hand movement can distract judges, and should
only be used for emphasizing a main point.
Always stand when the judges enter the room. Do not sit down until they tell you to.
When at the podium, do not have a clutter of notes. Try to just bring a single manila
folder.
Keep good eye contact with all of the judges.
4 2011-2012 Tournament Schedule
TUMCA Tournament - Texas Wesleyan School of Law - Ft Worth, TX Friday Oct. 7
and Sat Oct 8
Southwestern Regional Tournament (National qualier) - Texas Tech University School
of Law, Lubbock, TX - November 4-5, 2011
South Texas Regional Tournament (National qualier) - Baylor University School of
Law, Waco, TX - December 2-3, 2011
National tournament - Regent University School of Law, Virginia Beach, VA - Jan
2012
TUMCA Tournaments - UNT, Baylor and OKC School of Law - Spring 2012
NOTE: You may only attend one regional tournament. The top performers at the
regional tournaments will qualify for the national tournament.
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