This article attempts to explain the intricacies of winning an appellate competition for moot court. Winning an appellate competition reaps big rewards, and can be one of the most exhilarating experiences in law school. Proper steps need to be taken to ensure you do your best not only on the brief that has to be submitted, but also when the judges are hammering away with questioning. As always in a moot court competition, preparation is key to success.
Instructions
1. First, ensure that you have read thoroughly through the competition rules. I have seen many a student excel in their brief and during the competition, only to find out they did not follow the instructions properly. Double check which side you will be (this sounds ridiculous, but again I have seen students submit briefs for the Appellant, when in actuality, they are supposed to be representing the Appellee).
2. Read the record given to you vigorously and with an acute eye to the details. Highlight which facts are crucial to your case. Equally as important, highlight the facts that weaken your case. Most of these competitions have strong and weak points for each side. Read thoroughly any other documents that may have been given in the problem as well.
3. Now comes the fun part, you have to research the relevant issues of your problem. The first step here is to look at secondary sources (i.e. law review articles, AmJur, CJS, and other secondary materials). These can be especially important because you can easily get arguments from the authors of these texts. In addition, these secondary sources will have case names that you can look up later. This can save you heaps of time later down the road.
4. After you have completed your secondary resources research, its time to find some cases. When doing this step, make sure you find cases that both strengthen and weaken your side. Often times, when doing this step, you will find cases inside the cases that lead you to where you need to go. Read the cases with a critical eye for what information you need.
5. It is now time to begin your brief. The brief should have all the relevant sections required in the competition. I find it helpful to begin with a recitation of the facts (this section is commonly called Statement of the Facts or Statement of the Case). After you have completed your brief, make sure you have cited everything correctly according to Bluebook standards (or other standards if called for, but Bluebook is generally used). Also comb through your article to ensure there are no spelling or grammatical errors.
6. After you have completed and submitted your brief, its time to prepare for oral arguments. This is generally the most stressful part of the competition because the judges can ask just about anything. The only way to prepare is to ensure you know all the important cases. You need to memorize the facts, reasoning of the court, and conclusion for each case you cited in your brief as well as ones you believe will be asked. It is helpful to use notecards, putting the case name on one side, and the facts, issues, reasoning, and conclusion on another. Also, make out a list of questions that you are sure the judges are going to ask you. You can generally point these out, because if you are the appellant, they are going to challenge you with the strengths of the appellee's arguments. Know what your strengths are as well (whether that be public policy or precedential value of a case).
7. Prepare a two page outline for you to take up with you during the competition. Do not write out your entire speech, as reading from something bores the judges and loses you points. If you absolutely have to , only write out your introduction (and only if you are scared you will get cold feet right when you get up there). Make sure you list all the strengths of your case and the points you want the judges to hear.
8. On competition day, try to relax. Be confident that you have done your homework and you are prepared for any question the judges may ask. Always address the judges as "your honor" or "judge." Be courteous and respectful to the judges. Begin the oral competition with, "May it please the court." Then introduce yourself (and co-counsel if applicable). Then proceed into a brief recitation of the facts. A few minutes after you begin rambling, the judges will begin questioning. Once you have answered the judges and they seem satisfied, move on to other important points you should make.
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