Hostname: page-component-8448b6f56d-gtxcr Total loading time: 0 Render date: 2024-04-18T21:46:11.339Z Has data issue: false hasContentIssue false

Designing a Moot Court: What to Do, What Not to Do, and Suggestions for How to Do It

Published online by Cambridge University Press:  01 July 2004

Lewis S. Ringel
Affiliation:
California State University

Extract

Educators often use role-playing exercises that involve problem based learning in their courses to improve their students' critical and analytical skills, introduce them to new ways of thinking, increase interaction with their fellow students, and to enhance student interest in course lessons and materials (Greening 1998; Albanese 1993; Hensley 1993).A popular role playing simulation is moot court (Deardoff and Aliotta 2003; Guiliuzza 1991). Moot courts are academic simulations of appellate advocacy that educate students about the law and the judicial process. Students, acting as lawyers or judges, “try” a case before an appellate court.2 In addition to acting as lawyers or judges, students are assigned to serve as “law clerks, reporters, or amicus brief writers” (Knerr and Sommerman 2001, 4). Moot court is an extremely fluid pedagogical tool which can be used for more than learning about the law or the judicial process. It has been used in a variety of disciplines including political science, media, history, journalism, sociology, art, economics, business, and the life sciences to educate students about a variety of subjects such as history, journalistic rights, anti-trust laws, or professional ethics (Carlson and Skaggs 2000; Dhooge 1999; Bentley 1996).

Type
The Teacher
Copyright
© 2004 by the American Political Science Association

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Albanese Mitchell S. 1993. “Problem-Based Learning: a Review of Literature on its Outcomes and Implementation Issues.” Academic Medicine 68 (1): 5281.Google Scholar
Bentley Duncan, 1996. “Mooting in an Undergraduate Tax Program.” Legal Education Review 7 (spring): 97124.Google Scholar
Cady Thomas C. 1967. “The Moot Court Program at the West Virginia College of Law.” West Virginia Law Review 70: 4046.Google Scholar
Canon Bradley C. 1997. “Simulating the Certiorari Process.” Law and Courts 8: 36.Google Scholar
Carlson J. Lon, and Neil T. Skaggs. 2000. “Learning by Trial and Error: A Case for Moot Courts.” Journal of Economic Education 31 (spring): 145155.Google Scholar
Claude Richard, and Paul E. Parker. 1984. “A Moot Court for Constitutional Issues.” News for Teachers of Political Science 43: 712.Google Scholar
Collins Edward, and Martin Rogoff. 1991. “Uses of an Inter-Scholastic Moot Court Competition in the Teaching of International Law.” PS: Political Science and Politics 24 (3): 516520.Google Scholar
Cooper Phillip J.Undergraduate Moot Court: A Simulation for Undergraduate Courses in Political Science.” Teaching Political Science 7 (October): 105118.Google Scholar
Curran Jeanne, Susan Takata, and Patricia Acone. 2000. “Moot Court: Thinking on Your Feet.” Paper delivered at the Annual Meeting of the American Political Science Association, Washington, D.C.Google Scholar
Deardorff Michelle Donaldson, and Jilda Aliotta. 2000. “Playing Justice: The Role of Simulation in Teaching and Assessing the Teaching of Public Law.” Paper presented at the Annual Meeting of the American Political Science Association, Washington, D.C.Google Scholar
Dhooge Lucien J. 1999. “Appellate Argumentation in the Business Law Classroom.” Journal of Legal Studies Education 17: 253281.Google Scholar
Gaubatz John T., 1981. “Moot Court in the Modern Law School.” Journal of Legal Education 31: 87107.Google Scholar
Greene Jonathan. 1998. “Moot Court Can Hone Skills that will Stand You in Good Stead When You Are Out Practicing Law.” Student Lawyer 27 (January): 68.Google Scholar
Greening Tony. 1998. “Scaffolding for Success in PBL. Med Educ Online [serial online] 3:4. Available at http://www. Med-Ed-Online.Google Scholar
Guliuzza Frank III. 1996. “In Classroom Debating in Public Law Classes as a Complement to the Socratic Method.” PS: Political Science and Politics 22: 703705.Google Scholar
Harvard Law School Board of Students and David Hill. 1991. Introduction to Advocacy: Brief Writing and Oral Argument in Moot Court Competition.5th Ed. New York: Foundation Press.Google Scholar
Hensley Thomas H. 1993. “Come to the Edge: Role Playing in a Constitutional Law Class.” PS: Political Science and Politics 25 (March): 6468.Google Scholar
Hernandez Michael V. 1988. “In Defense of Moot Court: A Response to ‘In Praise of Moot Court—Not.’Review of Litigation 17: 6989.Google Scholar
Kenety William H. 1995. “Observations on Teaching Appellate Advocacy.” Journal of Legal Education 45 (December): 582586.Google Scholar
Knerr Charles R. 2002. “Costs and Benefits of Undergraduate Moot Court: A Literature Review.” Paper presented at the Annual Meeting of the Northeastern Political Science Association, Providence.Google Scholar
Knerr Charles R., and Andrew B. Sommerman. 2001. “Bringing the Court into the Undergraduate Classroom: Appellate Simulation in American College.” Laws and Courts 11 (spring): 48.Google Scholar
Ringel Lewis S. 2002a. “May It Please the Panel: A “Mooter's” Reflections on Some Successful, and Some Not So Successful, In-Class Moot Court Simulations.” Paper presented at the Annual Meeting of the Southwest Social Science Association, New Orleans.Google Scholar
Ringel Lewis S. 2002b. “Designing a Moot Court: What to Do, What Not to Do, and Suggestions for How to Do It.” Paper presented at the Hawaii International Conference on Social Studies Annual Meeting, Honolulu.Google Scholar
Ringel Lewis S., and Daryl R. Fair. 2004. “Writing Successful Moot Court Cases for In-Class Simulations.” Law and Courts 14 (winter): 917.Google Scholar
Tolley Michael. 2002. “Supreme Court Simulations as Learning Resources.” Paper presented at the Annual Meeting of the Northeastern Political Science Association, Providence.Google Scholar
Weaver Mark. 2000. “Preparing Students for a Moot Court Tournament.” Paper presented at the Annual Meeting of the American Political Science Association Washington, D.C.Google Scholar
Weizer Paul, and Elizabeth Walsh. 2002. “Moving from the Classroom to the Tournament: Preparing for a National Competition.” Paper presented at the Annual Meeting of the Northeastern Political Science Association, Providence.Google Scholar