moot court outline and tips

GENERAL OUTLINE OF A MOOT COURT PROCEEDING

Judges enter the courtroom.

Bailiff:  

“All rise. The Universal Freedom of Expression Court

is now in session. President/Chief Justice

___________________________ and the Honorable Judges

______________________ and ___________________

presiding.”

Judges settle into their chairs, the President/Chief

Justice will signal to the oralists and audience to sit.

Bailiff:

“The matter before the Honorable Court is the case

of TTV and Tanja Trotter vs. Turustein Republic”

President/Chief Justice will ask counsels for enter their appearances.

Lead counsel for applicant:

“Mr. President/Chief Justice, Your Excellencies may it please the Court.

I am ______________ appearing for applicants TTV and Tanja Trotter together with

my co-counsel ___________________ (rise).

I am tasked to discuss the first two (2) submissions for applicants while the other

two (2) submissions will be discussed by my co-counsel.

My presentation with take ______ minutes while that of my co-counsel will take

______ minutes. With the court’s permission, we would like to reserve 5 minutes for

rebuttal.”

Lead counsel for respondent will enter appearance in the same manner.

Lead counsel/first oralist for applicants will start with his presentation. 

Introduction (strong statement)

Summary of arguments/submissions for applicant.

Summary of relevant facts (if needed).

“I assume, Your Excellencies are already familiar with the facts of the

case. If I may now be allowed to proceed to my first submission.”

Submissions

Second oralist for applicants will start with his

presentation.

Summary of first oralist’s arguments

Summary of own arguments

Submissions

Summary of applicant’s arguments

First oralist for respondents will start with his presentation.

Introduction (strong statement)

Summary of arguments/submissions for respondent.

Inaccuracies in the statements of facts by applicant noted. 

“Before I proceed with my presentation I would like to point

out some inaccuracies in the statement of facts given by

applicant.”

Submissions 

Second oralist for respondents will start his

presentation.

Summary of first oralist’s arguments

Summary of own arguments

Submissions

Summary of respondents’ Arguments 

Rebuttal by applicant.

“Respondent made one/two point(s) that I would like

to address. (First) Respondent stated that . . .

However, . . .”  

OR

Respondent contends that _____. However, . . .”

Surebuttal by respondent.

“Applicants made one/two point(s) in their rebuttal

that I would like to address. (First) applicant stated

that . . . However, . . .”

OR

Applicant contends that _____. However, . . .”

Judges acknowledge the end of the round.

Bailiff:

“The Honorable Court is now adjourned. Counsels

and spectators will please clear the courtroom to

allow the judges to deliberate.”

MOOT COURT TIPS 

Speak in simple, plain English, as if talking to a smart high-school student. Speak slowly and conversationally, lower your speaking pitch, and project from the diaphragm. Make eye contact with every judge during the entire argument. Look nowhere except at the judges or, quickly, the clerk or bailiff’s time card. Never, ever read. If you use notes, make them short and in bullet-point form on the inside of a file folder cut down to fit on a small lectern or podium.  If you obviously and/or materially misspeak, say “rather, ____” OR “pardon me your honors, what I mean to say is ____” and correct yourself.

Respect the time card. When time is up, thank the panel and sit down or say, “I see that my time is up [or has expired]” (unless the advocate has only half a short sentence left) and ask the chief for permission to answer the question or finish the thought.  Refer to the opposing party instead of to their counsel (e.g., “respondent” rather than “respondent’s counsel” or, worse, “my opponent”). Maintain a dignified and respectful appearance while sitting, keeping still and silent while their co-counsel and adversaries speak. While their adversary is speaking, opposing counsel should sit upright and listen attentively to the argument, looking only at the speaker or the bench.

Write notes only to the extent necessary to prepare for a rebuttal.

DON’T: 

Smile or laugh or otherwise lose composure during argument (unless the judges are smiling and laughing and you feel it would be inappropriate to NOT smile and laugh).

 Ever speak over a judge. The moment they open their mouth, you close yours.

 Speak with your partner while the other side is presenting.

 Create excessive gestures and movement while presenting your submissions.

Distract the bench or opposing counsel by excessively passing notes, reacting negatively to opposing counsel’s argument (e.g., shaking head, rolling eyes, smiling derisively), or sorting through papers.

 Use adverbial excesses like “clearly” and “obviously.”

 Compliment a judge by saying “That is an excellent question,” but you may give a judge a respectful nod to recognize an excellent question.

 Say, “As I argued previously” or “With all due respect.”

Move about. Keep your feet planted in one place, flat on the ground.

 Ever point at anyone or tap on the lectern or podium.

 Cite a case whose facts you do not know. You must know the details of the cases supporting your most important arguments and your adversary’s most important arguments.

 Make planned jokes and overblown metaphors. Spontaneous humor at your own expense is acceptable. So is laughing gently at a judge’s joke.

IN ANSWERING QUESTIONS  Stop immediately to answer a judge’s question. Never speak over a judge.  Answer every question, beginning with a “yes” or “no” whenever possible. Then give the reasoning behind the answer and one or two citations to support your answer.  Answer multiple questions in some logical order, such as the order in which they were asked. Do not repeat a judge’s question. Just answer it.

Welcome questions. Never get defensive.

 Answer questions immediately. Do not tell a judge, “I’ll get to it later.”

 When agreeing with a judge, explain why the judge is correct. When a judge makes a point that contradicts what an advocate said, the advocate should still explain why the judge is correct and then add a “but” statement to recover.

When answering, focus on the questioner but maintain eye contact with the entire bench. 

If you don’t know the answer, say something more like, “Your honor, I am unable to fully answer your question at this time. However, I would be more than happy to submit a supplemental brief on the issue/matter/case.”  If you are really hard-pressed for a transition, say, “which brings me to my second/third point” and find a way to fit what you were talking about into that point.

What do I wear?

Wear a dark suit if possible, with a collared shirt.

If you have long hair it is best to tie it back away from you face. If you have short hair, it is also important to ensure it looks neat.

Any jewelry worn should be minimal.

If you choose to wear a tie, make sure to avoid novelty ties.

Footwear should generally be enclosed, but neat sandals may also be appropriate

The guiding rule is to dress conservatively, probably more so than you would usually dress. This is to ensure the judge’s attention remains on your submissions rather than your outfit.