The Law Student's Guide To Winning Moot Court Tips

Winning moot court tips can help the law school student succeed in this highly competitive and educational endeavor. Moot court is perhaps the most educational experience to be obtained during law school as this is an opportunity to practice law in the purest sense while still a law student and to develop the research, analytical, writing, and verbal skills in high demand by employers. The two foundations of the moot court experience are effective appellate brief writing and a delivery of a persuasive oral argument.

There are four basic rules in appellate brief writing that the moot court advocate must keep in mind. The first rule is that the appellant/petitioner must write an accurate statement of the facts setting forth both favorable and unfavorable facts. An incomplete or slanted statement of the facts will make a bad initial impression with the moot court panel of judges. The second rule is to cite the most persuasive caselaw as possible. Cases from the United States Supreme Court, federal appellate courts, and state supreme courts are the best cases to cite. The third rule is to avoid string citations. There is no need to show off how much research has been conducted. String citations clutter the brief and serve no useful purpose. The only time to use a string citation is in a footnote in order to show wide acceptance of a proposition. The fourth rule is to cite the most recent caselaw possible as this will provide the most recent interpretation of the applicable law. Older cases should only be cited when no newer cases are available.

There are six basic rules in delivering the oral argument that the moot court advocate must keep in mind. The first rule is that questions should be welcomed as an opportunity to engage in a dialogue with the court. The second rule is that questions should be answered immediately and a smooth transition must be made back to the oral argument. The third rule is that the advocate must be prepared for the dreaded hypothetical question applying the requested interpretation of the law to future scenarios with different facts. Since most moot court issues deal with areas where the law is not settled and with issues of first impression it is a safe bet that this type of question will be encountered. The fourth rule is to have a thorough knowledge of the opposing party's brief(s). The moot court advocate should be as familiar with opposing briefs as the opposing party. The fifth rule is to follow proper etiquette in showing respect towards the appellate panel. Annoyance with difficult questioning must never be demonstrated. In my experience as a moot court judge I have seen some panel members that were not familiar with appellate proceedings and who would ask questions that made no sense. In such a situation, a respectful clarification of the question should be requested and if necessary the panel member should be politely told that the question asked is not relevant to the proceeding. The sixth rule is to conclude the oral argument by asking if any panel members have additional questions to ask. If there are no more questions, the advocate should make a brief closing statement requesting the relief sought and thank the panel for its time.

Moot court is an outstanding opportunity to experience the practice of law in its purest form while still a law student. It will help develop the skills which will make one a better lawyer and which will also impress potential employers as an experienced moot court advocate is ready to pick up a caseload and proceed. Following the moot court tips set forth in this article will enhance the moot court experience and will prepare the student to become an excellent attorney.