Moot Court Coaching

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Appellate Advocacy Coaching Packet

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PDF version

 

I.  Introduction

 

The moot court competition is the equivalent of an appeal being heard before an appellate court such as the Fifth Circuit or United States Supreme Court. 

 

II.  Parties

 

In moot court, there are two sides which go by different names depending upon the court that is hearing the appeal.

Example: 

	Party Name	Party Name
U.S. Supreme Court	Petitioner	Respondent
TX Court of Criminal Appeals	Appellant	Appellee
TX Court of Appeals	Appellant	Appellee
U.S. Court of Appeals	Petitioner	Respondent

 

The Petitioner/ Appellant is the party bringing the appeal.  The Respondent/ Appellee is the party that is responding to the appeal–sometimes this party is called the government. 

 

III.  Preparation/ Research

 

Step One: Identify the issues.

Moot Court consists of two issues or questions presented.  Most often the problem will easily identify the issues for you.  The issues should be divided between Speaker One and Speaker Two.

 

Step Two: RESEARCH!

Thoroughly research the issues presented.  If you are competing on a “closed problem”, all the cases you are permitted to research will be listed at the end of the problem. KNOW ALL OF THESE CASES.  If you are competing on an “open problem”, it will be up tp you and your partner to identify the important and relevant cases or authorities. 

 

Step Three: Outline Your Argument.

Before you even prepare your oral argument, outline a rough argument using your research.  The goal of moot court is to present a clear, persuasive argument for the issue presented.

 

Step Four: Prepare an Oral Argument

Draft an oral argument.  After you’ve researched and discovered the relevant authorities, prepare an oral argument on paper.

 

Tips:

·        DO NOT type out every word you plan to use.  (This competition is not about reading off a sheet of paper or memorizing a speech.)

·        Use key words or phrases in an outline format.  Use things that will jog your memory to an idea.

·        Create a framework or roadmap for your argument.  This will keep you on point.

 

IV.  Oral Argument

1.  Before Oral Argument:

a). Moving party sits on the left & responding party sits on the right (when you are facing the judges.

b).  Rise when the judge enters the courtroom and remain standing until she asks you to make your announcements.  Announcements should go as follows:

 

Chief Justice: The Court will now hear Jones v. Day.  Will the parties announce their appearances?

 

Appellant/Petitioner: Johnny Depp and Orlando Bloom representing the appellant/petitioner.

 

Appellee/ Respondent: Victoria Beckham and Katie Holmes for the respondent/ appellee.

 

2.  Oral Argument: (Appellant/Petitioner always speaks first).

a).  Speaker Order:

i.  Appellant Speaker 1 (address Issue 1)

ii.  Appellant Speaker 2 (address Issue 2)

iii.  Appellee Speaker 1 (address Issue 1)

iv.  Appellee Speaker 2 (address Issue 2)

v.   Rebuttal–a speaker for the Appellant will BRIEFLY address/ rebutt Issues 1 & 2.

 

b).  Introduction: “May it please the court.  My name is ___________.  My co-counsel is ____________.  Together we represent the Appellant or Appellee _________.  Of the two issues before the court, I will address the first issue______________, while my co-counsel will address the second issue of whether___________________. 

 

c). Give the Facts: Only the FIRST speaker for each side will need to give a brief version of the facts.  NEVER, NEVER ask the court if they want to hear the facts.  ALWAYS assume that they do if you are the first speaker for your team.

 

d).Roadmap:

After the introduction and facts (if necessary), give the roadmap to your argument.

“There are 3 reasons this court should reverse/affirm the judgment of the Fifth Circuit.  First, _______________.    Second, ______________________.   Finally, ____________.”

 

NOTE: The roadmap should include your main headings.  Your argument will work best if you divide it–like an outline–into 3 parts, each with a heading.  These are the “reasons” that you are giving the court to decide for you early on before jumping into your argument.

 

e).  Present your argument.  Be prepared to answer judges questions, but try to follow the roadmap that your presented at the beginning of your argument.

 

f).  Answering Questions:

·        Front-load questions where possible.  Example: “Yes, your honor because....”

·        Use authority wherever possible in your answers.  “No, your honor.  As this court pointed out in Smith v. Smith.....”

·        ALWAYS answer a judges question.  NEVER say, “I will address that later in my argument.”  If the judge points you to any area of your argument, go with it.

 

g).  Conclusion:

·        Tell the court exactly what you want it to do when you conclude.  Example: “For these reasons, this court should reverse the judgment of the lower court and render a judgment of acquittal.”

·        NEVER, NEVER, NEVER use the word “pray” in your conclusion.  Do not say, “We pray that this court.....”  Just don’t do it.  Never ask if you may “briefly pray.”  (Only the Fifth Circuit still recognizes this type of conclusion.)

 

h).  Rebuttal:

- Pick one or two points that the respondent addressed and rebut them.

- Tell the court why the respondent is wrong on those few points.

- DO NOT try to address their entire argument or go through your entire argument again.

- Request your relief again.

 

V.  Tips

a).  Cite the record and case law as much as possible.

b).  KNOW the record and all relevant case law.

c).  DO NOT bring cases up to the lecturn to reference and flip through.

d).  Take as few papers to the lecturn as possible.  The fewer the better. 

e).   Make a list of cases if you think you will forget one.

f).  Maintain EYE CONTACT with all the judges.

g).  Think.  When asked a question, it is ok to think for a moment about your response.

h).  DO NOT use statements such as “I believe.” “I think.” “I feel.”