Moot court

File:Palacky Court Room 1.JPG

A law school's moot courtroom

Moot court is an extracurricular activity at many law schools in which participants take part in simulated court or arbitration proceedings, usually involving drafting memorials or memoranda and participating in oral argument. In most countries, the phrase "moot court" may be shortened to simply "moot" or "mooting". Participants are either referred to as "mooters" or, less conventionally, "mooties".

Moot court involves a simulated appellate court (appellate advocacy) or arbitral case, which is different from a mock trial that involves a simulated jury trial or bench trial (trial advocacy). Moot court does not involve actual testimony by witnesses, cross-examination, or the presentation of evidence, but is focused solely on the application of the law to a common set of evidentiary assumptions, facts, and clarifications/corrections to which the competitors are introduced. Though not a moot in the traditional sense, alternative dispute resolution competitions focusing on mediation and negotiation have also branded themselves as moot competitions in recent times, as had role-playing competitions in the past.

Moot court is one of the key extracurricular activities in many law schools (the others being law review and clinical work around the world). Depending on the competition, students may spend a semester researching and writing the written submissions or memorials, and another semester practicing their oral arguments, or may prepare both within the span of a few weeks. Whereas domestic moot court competitions tend to focus on municipal law such as criminal law or contract law, regional and international moot competitions tend to focus on subjects such as public international law, international human rights law, international humanitarian law, international criminal law, international trade law, international maritime law, international commercial arbitration, and foreign direct investment arbitration. Procedural issues pertaining to jurisdiction, standing, and choice of law are also occasionally engaged, especially in arbitration moots.

In most moot court competitions, each side is represented by two speakers or oralists (though the entire team composition may be larger) and a third member, sometimes known as of counsel, may be seated with the speakers. Each speaker usually speaks between 10 and 25 minutes, covering one to three main issues. After the main submissions are completed, there will usually be a short round of rebuttal and even surrebuttal. Depending on the format of the moot, there may be one or two rounds of rebuttal and surrebuttal, and communications between speakers may or may not be prohibited. Throughout the course of the submissions, judges may ask questions, though in some competitions questions are reserved to the end of submissions. In larger competitions, teams have to participate in up to ten rounds; the knockout/elimination stages are usually preceded by a number of preliminary rounds to determine seeding (power seeding is often used). Teams almost always must switch sides (applicant/appellant/claimant on one side, and respondent on the other) throughout a competition, and, depending on the format of the moot, the moot problem usually remains the same throughout. The scores of the written submissions are taken into consideration for most competitions to determine qualification and seeding, and sometimes even up to a particular knockout stage.

International moot court competitions

International moot competitions are generally targeted at students and only allow participants who have not qualified to practice law in any jurisdiction. However, there are a handful of international moot competitions that are targeted at young lawyers, such as the ECC-SAL Moot, which is a regional moot started in 2012 and is jointly organised by Essex Court Chambers and the Singapore Academy of Law.

The first table below lists some of the more notable international moot competitions for students, the second table lists the champions and finalists for the major or grand slam competitions, while the third and final table lists the champions and finalists for the minors and regionals. Major or grand slam international moots typically refer to class-leading moots or those that attract a substantial number of teams, while smaller or less established and region-only competitions are known as minors and regionals respectively; "international" class moots are sandwiched between grand slams and minors and regionals in terms of scale and prestige. Some countries also divide competitions into various tiers of prestige for the purpose of awarding points in league tables, with moots such as the Jessup and Vis competitions being considered as belonging to the highest tier.

List of notable competitions

Competition	Established	Class	Primary subject matter	Record annual participation (year)	Location of international finals	National or regional rounds	Most (international) championships
Philip C Jessup	1960 (1968 for international rounds)	Major/grand slam	Public international law	645 teams (2017)	Washington D.C.	Yes	University of Sydney (5)
Willem C Vis	1993	Major/grand slam	International commercial arbitration	379 teams (2019)	Vienna	No	University of Ottawa (3)
Willem C Vis (East)	2003	Major/grand slam	International commercial arbitration	128 teams (2017)	Hong Kong	No	* Loyola Law School (2) * West Bengal National University of Juridical Sciences (2)
Price Media Law	2007	Major/grand slam	International media law	140 teams (2012)	Oxford	Yes	Singapore Management University (3)
International Criminal Court	2005 (2007 for international rounds)	Major/grand slam	International criminal law	112 teams (2016)	The Hague	Yes	* Singapore Management University (3) * Leiden University (3)
Frankfurt Investment Arbitration	2007	Major/grand slam	International investment arbitration	66 teams (2017)	Frankfurt	Yes	University of Miami (2)
Sir Manfred Lachs Space Law Moot	1992 (1993 for international rounds)	Major/grand slam	Space law	74 teams (2017)	Varies	Yes	* George Washington University (3) * National Law School of India University (3)
Oxford Intellectual Property Law	2003	International	Intellectual property law	66 teams (2018)	Oxford	Qualification by written submissions	Queensland University of Technology (3)
Sarin Air Law	2010	International	Aviation law	41 teams (2018); 24 nr'19	Varies	Yes	?
Fletcher	2016	International	International insolvency law	21 teams (2019)	Varies	Qualification by written submissions	3-way tie
John Jackson WTO	2002	International	World Trade Organization law	99 teams (2018)	Geneva	Yes	University of Melbourne (3)
Foreign Direct Investment International Arbitration	2008	International	Investor-state dispute settlement		Varies	Yes	Murdoch University (2)
Nuremberg	2014	International	International criminal law	160 teams (2019)	Nuremberg	No	* University of Maastricht (2) * National University of Singapore (2)
LAWASIA	2005	Regional	International commercial arbitration (since 2011)	41 teams (2018)	Varies	Yes	Singapore Management University (4)
Red Cross (Asia-Pacific) IHL	2003 (2004 for international rounds)	Regional	International humanitarian law	120 teams (2019)	Hong Kong	Yes	Victoria University of Wellington (2)
WTO/FTA (Asian WTO)	2010 (2015 for international rounds)	Regional	World Trade Organization law	35 teams (2017)	Seoul	Qualification by written submissions	* Seoul National University (1) * Singapore Management University (1)
Asian Law Students' Association	2008	Regional	Varies	44 teams (2018)	Varies	Qualification by written submissions	Singapore Management University (2)
ELSA European Human Rights	2012	Regional	European Convention on Human Rights		Strasbourg	Qualification by written submissions
African Human Rights	1992	Regional	Human rights in Africa		Varies within Africa	No	* University of Pretoria (5) * University of Cocody (5)
ELMC	1988	Regional	European law		Luxembourg	Yes
International Maritime Law Arbitration	2000	Minor	International maritime law	31 teams (2019)	Varies	No	University of Queensland (9)
International Moot Competition on Maritime Arbitration	2010	Regional	International maritime law		Odessa	No
World Human Rights	2009	Regional	International human rights law		Pretoria	Yes
Telders	1977	Regional	Public international law	30 teams	The Hague	Yes
Asia Cup	1999	Regional	Public international law	40 teams (2011)	Tokyo	Qualification by written submissions	National University of Singapore (6)
Hague Choice of Court Convention	2014	Minor	Private international law	12 teams (2015)	Varies	Yes	Singapore Management University (1)
International Law Youth for Peace	2006	Minor	International humanitarian law	35 teams	Minsk	No
Private Law	2014	Minor	Australian private law	17 teams (2018)	Sydney	No	University of New South Wales (2)
HSF Competition Law	2015	Minor	Competition law	29 teams (2018)	London	Qualification by written submissions	* University of Hong Kong (2)
Nelson Mandela Moot	2009	Minor	International human rights law	164 teams (2018)	Geneva	Qualification by written submissions
DM Harish	2000 (2005 for international teams)	Minor	Public international law	40 teams	Mumbai	No
Stetson	1995	Minor	International environmental law	80 teams	Gulfport	Yes
Pan-Asian Human Rights	2017	Regional	International human rights law	8 teams (2017)	Hong Kong	Qualification by written submissions	University of the Philippines (1)

List of champions and first runners-up for major or grand slam competitions

Year	Jessup	Vis	Vis East	Price	Frankfurt Investment	International Criminal Court	Space (Lachs)
2019	Eötvös Loránd University/Columbia University	Pennsylvania State University/University of Ottawa	Universiteit van Amsterdam/Jindal Global Law School	University of the Philippines/National University of Kyiv-Mohyla Academy	Moscow State Institute of International Relations/University of Vienna	Leiden University/Honorable Society of the King's Inns
2018	University of Queensland/National Law School of India University	National Research University – Higher School of Economics/Cambridge University	ILS Law College/Albert Ludwigs University of Freiburg	University of San Carlos/Singapore Management University	National University of Singapore/University of Ljubljana	Singapore Management University/West Bengal National University of Juridical Sciences	University of Pretoria/Symbiosis International University
2017	University of Sydney/Norman Manley Law School	University of Ottawa/Jindal Global Law School	West Bengal National University of Juridical Sciences/Nalsar University of Law	Singapore Management University/University of Oxford	Singapore Management University/Gujarat National Law University	Leiden University/Singapore Management University	National Law School of India University/University of Mississippi
2016	University of Buenos Aires/University of Pennsylvania	University of Buenos Aires/Singapore Management University	Chinese University of Hong Kong/Singapore Management University	Singapore Management University/Jindal Global Law School	Bucerius Law School/National University of Singapore	Singapore Management University/University of Cologne	National and Kapodistrian University, Athens/Obafemi Awolowo University
2015	University of Sydney/Pontificia Universidad Católica de Chile	University of Ottawa/Singapore Management University	Singapore Management University/University of Arizona	University of the Philippines/Singapore Management University	Jindal Global Law School/Singapore Management University	Singapore Management University/Leiden University	University of Mississippi/National and Kapodistrian University of Athens
2014	University of Queensland/Singapore Management University	Deakin University/National Law School of India University	Loyola University Chicago/Universiteit van Amsterdam	Jindal Global Law School/University of Oxford	University of Miami–Sciences Po	National Law University, Delhi/Hebrew University	National Law University, Delhi/Florida State University
2013	National Law School of India University/Singapore Management University	City University of Hong Kong/Monash University	University of Canberra/University of Münster	National Law University, Delhi/Regent University	Stockholm University/Peking University	Leiden University/Osgoode Hall Law School	Georgetown University/Leiden University
2012	Moscow State University/Columbia University	Nalsar University of Law/University College London	City University of Hong Kong/University of Houston	Nalsar University of Law/University of Technology Sydney	Norman Manley Law School/University of Versailles	City University of Hong Kong/Kaplan Law School	National Law School of India University/National and Kapodistrian University of Athens
2011	University of Sydney/Columbia University	University of Ottawa/University of Montevideo	Bond University/City University of Hong Kong	Belgrade Law School/Cardozo School of Law	University of Miami/Graduate Institute Geneva	Bond University	Florida State University/National University of Singapore
2010	Australian National University/Columbia University	King's College London/University of Ottawa	Albert Ludwigs University of Freiburg/Deakin University	Singapore Management University/Cardozo School of Law	Georgetown University/George Washington University	Osgoode Hall Law School	George Washington University/National University of Singapore
2009	Universidad de los Andes/University College London	Victoria University of Wellington/University of Pune	Loyola Law School/Stetson University	Cardozo School of Law/BPP Law School	La Trobe University/City University of Hong Kong	Bond University	National Law School of India University/Georgetown University
2008	Case Western Reserve University/University of New South Wales	Carlos III University of Madrid/Touro Law Center	Griffith University	International Islamic University of Malaysia/?	Martin Luther University/St Gallen University	NA	University of New South Wales/University of Augsburg
2007	University of Sydney/King's College London	Albert Ludwigs University of Freiburg/University of Zagreb	Pepperdine University School of Law/Monash University			University of Pretoria	George Washington University/University of Queensland
2006	Columbia University/Universidad Católica Andrés Bello	Queen Mary/Stetson University	Loyola Law School/Deakin University				University of Auckland/McGill University
2005	University of Queensland/International Islamic University of Malaysia	Stetson University/University of Vienna	West Bengal National University of Juridical Sciences/University of Houston				George Washington University/National University of Singapore
2004	Ateneo Law School/National University of Singapore	Osgoode Hall Law School/Victoria University of Wellington	Tsinghua University/Loyola University Chicago				Leiden University/Georgetown University
2003	University of Western Australia/Mari State University	West Bengal National University of Juridical Sciences/Humboldt University					University of Auckland/Georgetown University
2002	University of the Witwatersrand/University of Western Australia	National University of Singapore/University of Queensland					Georgetown University/University of New South Wales
2001	National University of Singapore/Universidad Católica Andrés Bello	Monash University/University of Cologne					National University of Singapore/University of North Carolina
2000	University of Melbourne/Universidad Católica Andrés Bello	University of Queensland/Loyola Law School					University of Paris XI/Hamline University
1999	National Law School of India University/University of Pretoria	Deakin University/Tulane University					Vanderbilt University/University of Paris XI
1998	Universidad Nacional Autónoma de México/Australian National University	University of Münster/University of Queensland					University of North Carolina/University of Helsinki
1997	Universidad Católica Andrés Bello/University of Calgary	University of Queensland/University of Cologne					University of Paris XI/University of North Carolina
1996	University of Sydney/National University of Singapore	Cornell University/Deakin University					University of Helsinki/University of Wyoming
1995	University of the Philippines/University of Western Australia	Albert Ludwigs University of Freiburg/University of Nottingham					University of North Carolina/Leiden University
1994	National University of Singapore/University of Melbourne	Columbia University/Laval University					Marshall University/University of Helsinki
1993	University of Melbourne/University of Hawaii						Leiden University/George Washington University
1992	Universite de Paris I/National University of Singapore
1991	University of Saskatchewan/University of Georgia
1990	University of Georgia/University of Toronto
1989	University of British Columbia/University of Melbourne
1988	University of Melbourne/National University of Singapore
1987	Georgetown University/Katholieke Universiteit Leuven
1986	Boston College/National University of Singapore
1985	National University of Singapore/Southwestern University
1984	Dalhousie University/South Texas College of Law
1983	University of Kansas/National University of Singapore
1982	National University of Singapore/University of the Pacific
1981	Australian National University/University of the Pacific
1980	Georgetown University/National University of Singapore
1979	Northwestern University/University of Adelaide
1978	Brooklyn Law School/University of Toronto
1977	University of Kansas/University of Toronto
1976	University of Toronto/American University
1975	Cambridge University/Georgetown University
1974	University of Texas/Haile Selassie I University
1973	West Virginia University/Brunel University
1972	University of Miami/Haile Selassie I University
1971	University of Texas/University of California
1970	University of Miami/University of Kentucky
1969	Rutgers University University of Michigan
1968	Duke University/University of Miami
1967	Vanderbilt University/Harvard Law School
1966	University of Texas/University of Wisconsin
1965	Columbia University/University of Virginia
1964	University of Texas/University of Pittsburgh
1963	Columbia University/University of North Carolina

List of champions and first runners-up for internationals and minors/regionals

Year	LAWASIA	IHL Asia-Pacific	Asia Cup	Maritime	IP	Fletcher	Sarin Air	Asian LSA
2019		Peking University/Singapore Management University		University of Queensland/University of Sydney	City, University of London/University of Ottawa	National Law Institute University/	National University of Singapore/Leiden University
2018	University of Malaya/National University of Singapore	Gujarat National Law University/University of New South Wales	National University of Singapore/University of Malaya	University of Queensland/University of Hong Kong	University of New South Wales/University of Cambridge	University of British Columbia/University of Queensland	Rajiv Gandhi National University of Law/Singapore Management University	National University of Singapore/National University of Singapore
2017	Singapore Management University/Universiti Teknologi MARA	Bond University/University of Hong Kong	National University of Singapore/Thammasat University	National University of Singapore/University of Queensland	Bucerius Law School/University of Toronto	Singapore Management University/National University of Singapore	National University of Singapore/West Bengal National University of Juridical Sciences	Singapore Management University/Dr Ram Manohar Lohiya National Law University
2016	Singapore Management University/West Bengal National University of Juridical Sciences	Queensland University of Technology/Singapore Management University	National University of Singapore/Ateneo Law School	University of Sydney/Singapore Management University	University of Ottawa/National Law School of India University		Dr Ram Manohar Lohiya National Law University/National University of Singapore	Universitas Indonesia/National University of Singapore
2015	Advance Tertiary College/National Law University, Jodhpur	Victoria University of Wellington/University of Hong Kong	University of Malaya/Singapore Management University	National University of Singapore/University of Hong Kong	National Law School of India University/Monash University		University of Queensland/National Law School of India University	Universitas Indonesia/Hidayatullah National Law University
2014	Singapore Management University/Chinese University of Hong Kong	University of Adelaide/National Law University, Jodhpur	Singapore Management University/Universitas Padjadjaran	Universitas Indonesia/Maastricht University	University of Hong Kong/University of Toronto		Leiden University/	Singapore Management University/Chinese University of Hong Kong
2013	Singapore Management University/Taylor's University	National Law University, Delhi/Australian National University	Ateneo Law School/Singapore Management University	University of Queensland/National University of Singapore	University of Ottawa/National Law University, Delhi
2012	Chinese University of Hong Kong/Singapore Management University	University of Hong Kong/University of Melbourne	Ateneo Law School/Singapore Management University	University of Queensland/Queensland University of Technology	Queensland University of Technology/University of Oxford
2011	Advance Tertiary College/Singapore Management University	Victoria University of Wellington/Hidayatullah National Law University	Singapore Management University/Ateneo Law School	Murdoch University/University of Southampton	London School of Economics/University of Hong Kong		McGill University/
2010	National Law University, Delhi/Advance Tertiary College	University of Hong Kong/Universiti Utara Malaysia	Singapore Management University/Universitas Pelita Harapan	National University of Singapore/Murdoch University	Boston University/Queensland University of Technology		Leiden University/McGill University
2009	Advance Tertiary College/Singapore Management University	Universitas Indonesia/Gujarat National Law University	University of the Philippines/Kathmandu School of Law	University of Queensland/Universitas Indonesia	Queensland University of Technology/University of Edinburgh			Peking University/Singapore Management University
2008	University of Hong Kong/University of the Philippines	National University of Singapore/Multimedia University	Ateneo Law School/University of Hong Kong	University of Queensland/University of Notre Dame Australia	National University of Singapore/University of British Columbia
2007	University of Hong Kong/Taylor's University	University of Sydney/University of Hong Kong	University of the Philippines/Chulalongkorn University	Universitas Indonesia/Victoria University	Queensland University of Technology/George Mason University
2006	NA	University of Queensland/University of Hong Kong	Universitas Indonesia/University of Malaya	Queensland University of Technology/University of Southampton	National University of Singapore/University of Oxford
2005	University of Hong Kong/University of Western Australia	University of the Philippines/University of the Philippines	National University of Singapore/Universitas Indonesia	University of Queensland/University of Hong Kong	University of Birmingham/University of Sheffield
2004		National University of Singapore/University of Hong Kong	National University of Singapore/Universitas Indonesia	University of Technology Sydney/National University of Singapore	University College Dublin/University of Cambridge
2003			University of the Philippines	University of Queensland/National Law School of India University	King's College London/University of Westminster
2002			Ateneo Law School	University of Queensland/University of Hong Kong
2001			National University of Singapore	National University of Singapore/University of Technology Sydney
2000			University of the Philippines	National University of Singapore
1999			Ateneo Law School

Records

Most number of international championships in a season

• 5: Singapore Management University, 2014/15 (Asia Cup, Hague Convention, LawAsia, Vis East, ICC)
• 5: Singapore Management University, 2016/17 (Fletcher, Frankfurt, LawAsia, Price, Asian LSA)
• 4: National University of Singapore, 2000/01 (Asia Cup, Lachs, Maritime, Jessup)
• 4: National University of Singapore, 2016/17 (Asia Cup, Air Law, Maritime, Private Law)
• 3: Singapore Management University, 2015/16 (Price, ICC, WTO/FTA)
• 3: Leiden University, 2012/13 (ICC, ELMC, Telders)
• 3: National University of Singapore, 2014/15 (DM Harish, Jean Pictet, Maritime)

Most number of international championship finals in a season

• 9: Singapore Management University, 2015/16 (WTO/FTA, Private Law, Maritime, Asia Cup, Vis East, Vis, Price, IHL, ICC)
• 8: Singapore Management University, 2014/15 (Hague Convention, Asia Cup, LawAsia, Vis East, Vis, Frankfurt, Price, ICC)
• 6: Singapore Management University, 2016/17 (LawAsia, Fletcher, Frankfurt, Price, ICC, Asian LSA)
• 6: National University of Singapore, 2016/17 (Asia Cup, Air Law, Maritime, Pan Asian Human Rights, Private Law, HSF Competition Law)

Most number of major or grand slam international championships in a season

• 2: University of Buenos Aires, 2015/16 (Jessup, Vis)
• 2: National University of Singapore, 2000/01 (Jessup, Lachs)
• 2: Singapore Management University, 2014/15 (ICC, Vis East)
• 2: Singapore Management University, 2015/16 (ICC, Price)
• 2: Singapore Management University, 2017/18 (Frankfurt, Price)
• 2: National Law University, Delhi, 2013/14 (ICC, Lachs)

Most number of major or grand slam international championship finals in a season

• 5: Singapore Management University, 2014/15 (Frankfurt, ICC, Price, Vis East, Vis)
• 4: Singapore Management University, 2015/16 (ICC, Price, Vis East, Vis)
• 3: Singapore Management University, 2016/17 (Frankfurt, ICC, Price)

Teams that have successfully defended a major or grand slam international championship

• Singapore Management University, 2014/15 and 2015/16 (ICC)
• Singapore Management University, 2015/16 and 2016/17 (Price)

Mooters with multiple international championships

At least two majors or grand slams

• Jason Chan, National University of Singapore: Jessup'2001; Asia Cup'2001; Vis'2002
• Tracy Gani, Singapore Management University: Price'2017; ICC'2018 (also IHL'2016 finalist)
• Saw Teng Sheng, Singapore Management University: ICC'2016; Price'2017

At least one major or grand slam

• Lucas Bastin, University of Sydney: WTO'2006; IHL'2007; Jessup'2007
• Mark Lawrence Badayos, University of San Carlos: Stetson'2016; Price'2018
• Emily Chalk, University of Queensland: Maritime'2013; Jessup'2014
• Bethel Chan, Singapore Management University: Asia Cup'2014; Vis East'2015 (also Vis'2015 finalist and Essex-SAL'2017 champion)
• Chang Zi Qian, Singapore Management University: Price'2010; Youth for Peace'2011
• Foo Shi Hao, Singapore Management University: LawAsia'2013; ICC'2015
• Eden Li, Singapore Management University: Asia Cup'2014; Vis East'2015 (also Vis'2015 finalist and Essex-SAL'2017 finalist)
• Odette Murray, University of Sydney: IHL'2007; Jessup'2007
• Nicolette Oon, Singapore Management University: Asia Cup'2014; Vis East'2015 (also Vis'2015 finalist)
• Dhruv Sharma, National Law University, Delhi: IHL'2013; ICC'2014
• Eric Shi, University of Sydney: Maritime'2016; Jessup'2017
• Grace Sim, Singapore Management University: LawAsia'2014; Vis East'2015 (also Vis'2015 finalist)
• Kabir Singh, National University of Singapore: Jessup'2001; Asia Cup'2001
• Jerald Soon, Singapore Management University: Asia Cup'2014; Vis East'2015 (also Vis'2015 finalist)
• Harry Stratton, University of Sydney: Maritime'2016; Jessup'2017
• Tan Jun Hong, Singapore Management University: Asian LSA'2014; Asia Cup'2014; Vis East'2015 (also Vis'2015 finalist, Essex-SAL'2017 finalist, and CIArb/New South Wales Young Lawyers Moot'2018 champion)
• Tess Tan, University of San Carlos: Stetson'2016; Price'2018
• Nanthini Vijayakumar, Singapore Management University: LawAsia'2013; WTO/FTA'2015 (also Moot Shanghai'2014 finalist)
• Samuel Yap, Singapore Management University: LawAsia'2013; ICC'2015

Minors or regionals only

• Jeremiah Lau, National University of Singapore: DM Harish'2015; HSF Competition Law'2015
• Muz Omar, Singapore Management University: Asian LSA'2014; LawAsia'2014
• Ong Chee Yeow, National University of Singapore: Asia Cup '2016, IASLA Space '2016
• Ephraim Tan, National University of Singapore: Asia Cup '2016; IASLA Space '2016

Domestic moot court competitions

List of notable competitions

• Australian Law Students' Association
• Ames Moot Court Competition
• Conférence des avocats du barreau de Paris (litt. Paris Bar association conference)
• English Speaking Union Moot
• Giles Sutherland Rich Memorial Moot Court Competition
• London Universities Mooting Shield
• New York City Bar Association National Moot Court Competition
• NZLSA Bell Gully Mooting Competition
• The Laskin Moot

USA

Operation

Law schools structure their moot court programs differently. Some moot court organizations accept a small group of people for membership, and those members each participate in a number of national or regional moot court competitions. Other schools accept a larger number of members, and each member is matched with one competition. A few schools conduct moot court entirely intramurally. Moot court competitions are typically sponsored by organizations with interest in one particular area of law, and the moot court problems address an issue in that field. Competitions are often judged by legal practitioners with expertise in the particular area of law, or sometimes by sitting judges.

The basic structure of a moot court competition roughly parallels what would happen in actual appellate practice. Participants will typically receive a problem ahead of time, which includes the facts of the underlying case, and often an opinion from a lower court that is being challenged in the problem. Students must then research and prepare for that case as if they were lawyers or advocates for one or sometimes both of the parties. Depending on the competition, participants will be required to submit written briefs, participate in oral argument, or both. The case or problem is often one of current interest, sometimes mimicking an actual case, and sometimes fabricated to address difficult legal issues.

A number of moot court competitions focus on specific areas of law. For example, the First Amendment Center annually holds a National First Amendment Moot Court Competition, in which the judges have included numerous United States Circuit Court judges.

The American Collegiate Moot Court Association

Template:Refimprove section In the United States, undergraduates experience moot court in a variety of disciplines and a variety of settings. The most common are in-class exercises that are assigned by professors. Other schools actually form competitive teams. These teams often compete in intramural events, some in statewide competitions, or they can enter tournaments sponsored by the American Moot Court Association (AMCA). While undergraduate moot court is still a relatively new forensics activity when compared with debate and intercollegiate mock trial, by 2010, there were 248 teams who competed at the regional tournaments. In 2019 there were more than 500 teams competing in 13 different regional tournaments to gain bids to the AMCA National Competition, which has 80 teams competing every year. Teams are awarded bids either through the regional tournaments themselves, or through "open, at large bids," which are usually awarded to 7-8 each year. If a regional tournament is awarded 5 bids, then the top 5 teams with the highest ballot counts at that regional are awarded bids. The only teams guaranteed bids are teams that make it to the finals of their regional. Schools can earn more than eight bids to Nationals, but can only field eight. The qualifying tournaments are held during the fall semester, most are in November, and the championship tournament is in mid-January.

All ACMA tournaments, including invitationals, regionals, and nationals, have three preliminary rounds in the first day of competition where all the teams that enter compete. In the second day, teams that "break" move on to a series of single elimination rounds. The number of teams that break varies depending on the invitational, but in regionals they are required to break to 16 teams and at nationals all teams that earn 3 ballots or more are required to break, which usually is around 40-45 teams.

Undergraduate moot court cases pose two certified questions. The case (known as the “record”) includes an appellate majority opinion and a dissent. Undergraduate Moot Court exists within a "closed universe," meaning that students can only reference statements from the listed cased directly or from in-case citations from those specific cases. Students cannot use anything from an in-case citation that is not from the opinion listed in the record. Typically, the record includes twenty opinions that students can rely upon for their arguments. All teams competing in AMCA-sponsored events will argue the same case. ACMA students have engaged in oral argument on issues such as same-sex marriage, national health care, privacy under the 4th Amendment, life terms for minors who are not guilty of murder or attempted murder, freedom of religion, a federal ban on firearms on school grounds, warrantless domestic wiretapping of suspected terrorists. More recently they have argued the constitutionality of: solitary confinement (8th amendment), memory-testing brain scans (5th amendment), male-preference university admissions, and university employment termination (1st amendment). Cases are written by AMCA and the case problem is released on their website.

Undergraduate moot court teams consist of two oral advocates. The advocates are responsible for knowing both issues – but typically are only asked about one certified question. Each team will receive 20 minutes to argue its case, and each advocate must speak for a minimum of seven minutes. Teams are judged on their forensics, knowledge of the law, demeanor, and ability to answer questions from the bench.

Good judges are the key to a good moot court hearing. Judges are typically lawyers or members of the state or federal bench. At times, law students (especially those with past undergraduate moot court experience) are asked to judge. Past judges at AMCA events have included former US Attorney General John Ashcroft and federal judges Otis Wright and George Schiavelli.

The ACMA also sponsors a brief writing contest. Students are not required to prepare briefs in order to compete for the oral advocacy national title. Teams who enter follow a specific set of rules and compete for prizes. The competition is judged by lawyers and law professors. This competition is named for the late Sandra Knerr, who along with her husband, was a dedicated supporter of intercollegiate moot court.

United Kingdom

The courts systems differ in various parts of the United Kingdom. Thus, the style of a moot will often vary depending in which jurisdiction it is to be heard, although some national competitions do exist. The principal differences are between the laws in Scotland and those in England and Wales.

England and Wales

In England and Wales the moot will typically simulate proceedings in either the Court of Appeal or the Supreme Court. Moot questions generally involve two questions of law that are under dispute and come with a set of facts about the case that have been decided at the first instance trial. Generally the question will surround a subject that is unclear under the present state of the law and for which no direct precedent exists. Mooting is a team effort, consisting of senior or lead counsel and junior counsel. It is normal practice for the senior counsel to take on the first point and the junior the second; although this may vary depending upon the exact nature, and necessary length, of the arguments. Typically the question will focus on one area of law, e.g. tort, contract, criminal law or property law.

The question will be provided to the teams a few weeks in advance of the moot along with details as to which of the appellant or respondent they are to represent. It is then up to each team to prepare their case as though they were barristers. Authority for each argument is necessary and will usually take the form of precedent from case law but may also involve legislation. Reliance may also be placed on governmental papers, research from NGOs and academic journals and texts.

A few days before the moot takes place each team will prepare and exchange their skeleton arguments or brief. Copies will also be provided to the judge along with the moot problem. The judge is normally an academic or practising solicitor or barrister. The moot itself takes the form of an oral argument. The competition may also allow the appellants an additional few minutes in order to reply to the respondents arguments. After the presentation of arguments has concluded, the judge will retire to deliberate on both the law and the overall winning of the moot. A moot is not won and lost on the legal argument, but on the advocacy skills of the participants. It is often the case that the team that has the weaker legal argument is in a better position as they have to argue that much more persuasively.

Scotland

In Scotland a moot can be set in a variety of fora; in civil law problems it is set most commonly in either the Inner House of the Court of Session or in the House of Lords, although it is not uncommon for a moot to be heard in the Sheriff Court before the Sheriff or Sheriff Principal. Occasionally, an Employment Appeal Tribunal may also be used as a forum for a Scottish civil law moot. If the moot problem concerns Criminal Law, the moot will most likely be heard as though in the Appellate division of the High Court of Justiciary (commonly known as the Court of Criminal Appeal).

The moot points and style of the problem are similar to that of England and Wales stated above; however, the format of the moot is significantly different. Junior counsel is more likely to take the first moot point and senior counsel the second (this can however be reversed depending on the problem). The format of the moot is far more adversarial than that of English and Welsh moots. This is primarily due to a more adversarial legal system. This manifests itself in different ways, most notably with the appellants and respondents facing each other during a moot, rather than, as in England and Wales, facing the judge.

There is only one national Scottish competition, the Alexander Stone National Legal Debate, administered by the Law School at the University of Glasgow. All Scottish universities that offer the LL.B. are eligible to take part, although in recent years the competition has been fought out mainly between Dundee, Edinburgh, Glasgow and Strathclyde universities. The final is held in the Alexander Stone Court Room at the University of Glasgow in February or March each year. There are also several annual inter-varsity competitions between law schools, including the Glasgow Sheriff's Cup (the University of Glasgow v the University of Strathclyde) and the Granite City Moot (the University of Aberdeen v Robert Gordon University). These competitions are ordinarily judged by a Senator of the College of Justice.

Law schools also take part in UK-wide competitions, such as the Oxford University Press and the English Speaking Union Moot. These moots are UK-wide in participation, but typically follow the style and law of moots in England and Wales. The University of Glasgow reached the semi-final of the English Speaking Union moot in 2008 and the final in 2005. The University of Dundee reached the semi finals of The Oxford University Press moots in 2009.

Judges in Scottish moots are typically legal academics, solicitors, sheriffs, advocates or Senators of the College of Justice.

For Primary and Secondary Schools, the national Scottish Competitions are handled by the School Mock Court Case Project SCIO. During the 2018/2019 academic year the charity ran some 17 projects in Inverness, Aberdeen, Dundee, Edinburgh, Glasgow, Falkirk, Hamilton and Ayr involving circa 100 school and some 3,000 students. These trials are also heard in the Court of Session, High Court and the Sheriff Court

India

Surana and Surana International Attorneys have been conducting various moot competitions from mid 1990s including Surana & Surana International Technology Law Moot Court Competition, Surana & Surana National Corporate Law Moot Court Competition, and Surana & Surana National Trial Advocacy Moot Court Competition.

See also

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• Mock trial
• Model United Nations
• Mootness, which has a precise meaning in United States law that is quite different from United Kingdom usage

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External links

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• Lexcetera: Moot Court Competition dedicated Website.