Moot Court and Mock Trials

Introduction

In countries like Australia or the United States, Mooting (Moot Court activity) and mock trial skills are essential for students wishing to be admitted to the bar at some stage in their careers. They are not mutually exclusive.

Difference between moot court and mock trial

Mock trial:

• Simulates the trial level proceeding (It involves trial advocacy)
• Involves witness testimony, with statements and arguments (in hypothetical cases) directed to a judge and a jury, who score the students/lawyers based on their skills
• The trials are essentially simulations of real-life litigation. Competitors offer evidence, examine witnesses, and present opening and closing statements.
• In addition, participant students are required to follow the rules of court.

Moot court:

• It is a simulated oral argument, similar to an argument by a lawyer made before an appellate court.
• Simulates the appellate level proceeding (it involve appellate advocacy)
• Involves participant students making arguments to, and answering questions directly from, a panel of judges only (not from a jury),  who score the students/lawyers based on their skills.
• Participant students write a brief and then argue their case. As the participants progress into higher rounds, they argue both “on” and “off” their written brief.
• It is similar to the oral advocacy exercise done many Law School´s first year (Legal Research and Writing).

Resources

• ABA Law Student Division – National Appellate Advocacy Competition (NAAC)
• American Collegiate Moot Court Association
• American Mock Trial Association
• Moot Court and Student Journals – Rutgers
• Moot Court Competition – First Amendment to the U.S. Constitution
• Moot Court Program – Columbia Law School