Moot Court: Beginning the Journey
The beginning of Moot Court preparation is daunting. You’re faced with a complex and hefty packet of court documents. Translating these documents into a case is a challenge. Many students don’t even know where to begin.
Build a Database
It could be helpful to think of Moot Court like two debate resolutions in one round. As Petitioner, you have to explain why the plaintiff’s rights under the Fourth and Eighth amendment were violated. As Respondent, you argue that the plaintiff’s rights were respected and there was no Constitutional violation on behalf of the government.
There are a number of different ways to prove each claim. Yet, many students simply attempt to understand the arguments to the claim that they are attempting to make. While this seems intuitive, it leaves you in the dark. You’re left without a broad understanding of what options your opponents have to run, and you don’t have a strong grasp of the case. To truly understand the case, make a comprehensive list of all the potential ways each amendment could have been violated. This database will help you understand your options and lead to you having a far stronger understanding of the case, being prepared for anything your opponents can offer.
Use the Appendix
The NCFCA has made it far easier to understand and utilize the appendix of cases available to you, with a list of relevant cases that you can cite. At the beginning of the season, most tend to adopt the arguments provided within the problem packet itself.
Here’s the dirty secret of Moot Court. The teams who consistently succeed rarely use the arguments straight from the packet. Rather, they delve into the relevant cases and discover what the strongest possible arguments are for each claim.
As you build your database, you’re going to want to use the appendix to your advantage. Understand what each case has to offer you and as you build your database, include relevant quotes from past precedent to help argue your point. As you grow in your knowledge of the vast legal precedent at your disposal, your list of possible arguments will only swell.
Start Layering
As you’re building your database, it’s time to think like the Respondent. How would you deal with each of the arguments you’ve built into your database so far? For every argument listed in your database, you want to prepare the counter-argument for Respondent.
A commonly forgotten aspect about Moot Court is that the Respondent does have to deal directly with the claims made by the Petitioner. If the Petitioner is arguing that the plaintiff’s Eighth Amendment rights were being violated due to him having shown only one majorly violent action, therefore not meeting the standards set for life without parole without it being cruel and unusual punishment, it makes no sense to respond by saying that it is Constitutionally legitimate to give minors life without parole.
That’s two ships in the night, completely avoiding one another. As the respondent, your case needs to be much more flexible, able to shift to whatever the Petitioner argues. Counter every argument you think a Petitioner could run.
Then, turn around, and act as though you’re giving the Petitioner rebuttal. How would you respond to that claim by the Respondent? Once you’re 3 layers deep into these arguments, your understanding of the case will surpass that of any opponent.
And your win record will too.
Keep an eye on the blog for our next Moot Court post. We’re going to step away from research and tackle what makes a successful Moot Court performance.