Moot Court
About
Moot Court is a simulation of an argument in front of the United States Supreme Court. It
involves teams of student-contestants representing a fictitious client in an appeal of a decision
from a state Supreme Court or a federal Court of Appeals. Undergraduate students around the
United States participate in both oral advocacy and brief writing regarding a case problem
written by the American Moot Court Association. Case problems involve cutting edge
constitutional issues including gay marriage, the Affordable Health Care Act, gender
discrimination, abortion, immigration, religious freedom, first amendment speech protections, the
powers of the President, the scope of the fourth, fifth and sixth amendments and whether
solitary confinement is consistent with the eighth amendment, just to name a few of the more
recent case problems.
Moot court students compete in teams of two, with each team member assigned to one of the
two constitutional issues in the case problem. In the oral advocacy competition, all teams
prepare and present arguments on behalf of both parties to the case (for the client as well as
the government), requiring teams to be able to argue equally well for both sides. Given the
controversial nature of most moot court issues, this requirement to argue for both parties is
critical in helping students to develop their analytical skills and ability to advance logical
arguments based on facts, not emotional arguments based on personal beliefs. In addition,
since students are questioned by judges during rounds, they must be able to think clearly,
calmly, and rationally while responding to demanding questions.