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Encyclopedia > Moot court

Moot court is an extracurricular activity at many law schools in which participants take part in simulated court proceedings, usually to include drafting briefs and participating in oral argument. The term "moot court" is sometimes confused with "mock trial," but the two are not the same. "Moot court" usually refers to a mock appellate court case, and "mock trial" usually refers to a simulated jury trial or bench trial[citation needed]. Extracurricular activities are activities performed by students that fall outside the realm of the normal curriculum of school or university education. ... // A law school is an institution where future lawyers obtain legal degrees. ... A mock trial (similar to moot court, but dealing with trials, while moot court deals with appellate court) is a contrived or imitation trial. ... It has been suggested that this article or section be merged into Appeal. ... It has been suggested that this article or section be merged with Jury. ... A bench trial in the U.S. is a trial before a judge in which the defendant has waived his/her right to a jury trial. ...


In the United Kingdom and Commonwealth countries, the phrase "a moot court" may be shorted to simply "a moot" and the activity may be called "mooting". The Commonwealth of Nations (CN), usually known as The Commonwealth, is a voluntary association of 53 independent sovereign states all of which are former colonies of the United Kingdom, except for Mozambique and the United Kingdom itself. ...


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. This article does not adequately cite its references or sources. ... A brief or factum (latin for act or deed) is a written legal document used in various legal adversary systems that is presented to a court arguing why the party to the case should prevail. ... Oral arguments are verbal presentations to a judge or appellate court by a lawyer (or the party when representing themselves) of the legal reasons why they should prevail. ...


See also

Look up moot in
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  Results from FactBites:
 
Moot court - Wikipedia, the free encyclopedia (490 words)
Moot court is an extracurricular activity in many law schools where participants take part in simulated court proceedings, usually to include drafting briefs and participating in oral argument.
The term "moot court" is sometimes confused with "mock trial"; however, the two are not the same.
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.
In Praise of Moot Court - Not! (10174 words)
Moot court competitions are run by students with the help of faculty who have often had either no experience as lawyers or unhappy experiences, which caused them to flee into academia.
Having moot court judges decide winners and losers based on the perceived skills of the advocates rather than the merits of a case serves academic values - fairness and equality in distributing scholastic honors - which are extrinsic to the litigation process.
The opposite occurs in moot court, as it's the brief, not the argument, that is forgotten.
  More results at FactBites »


 

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