For Higher Achievement, Adapted by American University students under Professor

Lara Schwartz

8th Grade Moot Court

Teachers Guide
Understanding Moot Court process before teaching the Scholars

Summer Academy
2017
What is Moot Court?

Definition:

In moot court, students act as lawyers in a simulated appellate court (or court of
appeal).

An Appellate court is responsible for hearing and reviewing appeals from legal cases that
have already been heard in a trial-level or other lower court. In the trial court, lawyers
present evidence to support their version of the facts and a jury (or sometimes a judge)
decides which facts are true.

Example: In the case of Maryland vs. Jacob, Jacob was accused of stealing a
bicycle. The government presented evidence that he committed the
crime. Jacobs attorney presented evidence that he did not.

The court of appeals does not weigh the facts again. Instead, the party who lost in the
trial court might appeal the decision based on a legal issue.

Example: Jacobs attorney asked the trial judge not to let the government tell the
jury that Jacob had stolen bicycles before. The judge said no, and the jury heard
this information. Jacobs lawyer asked the court of appeals to rule that the judge
shouldnt have let the jury hear this information. This is a legal question-- no one
disagrees about the facts, but they disagree about whether the judge applied the
law correctly.

In the court of appeals, the attorneys file briefs, which are like essays explaining legal
arguments, and then present oral arguments before a panel of three judges. They
state their points, and the judges ask them difficult legal questions.

Moot court is a simulated oral argument, similar to an argument made before an

appellate court. It is not a trial: there are no witnesses and no evidence. The
arguments are evaluated on the application of the law to the facts of the case.

Moot Court vs. Mock Trial - How they are not the same
Mock Trial Moot Court

Type of Court District Court / Trial Court Appellate Court

Questions Fact questions. Legal questions.

Ex: Did Alice steal the necklace? Ex: Alice confessed when the
principle pressured her when her
parents werent there. Can the
government share her confession
with the jury, or would that violate
her rights under the 5th
Amendment?
Is Evidence Yes. This is the first stop for a Nope! the court of appeals does not
Presented? case when it comes to court. The review evidence such as fingerprints
plaintiff and the defendant will or witness statements. It answers
present their own sides of the questions about the law.
story and any witnesses in
attendance will testify. The judge For example, in a trial court, the
and/or the jury will listen and prosecution would introduce the
make a ruling. defendant's statement implicating
herself in a robbery. The court of
Examples of evidence: appeals couldn't decide whether that
Fingerprints evidence was enough to convict.
An eyewitness statement However, the defendant might ask
A police officers testimony the court of appeals to revisit the
An expert witness judge's decision to allow the jury to
answering questions about, hear the statement, arguing that the
e.g., the shape of a bullet decision violated some legal rule.
hole or a tire track.

How is the Trial. Here the prosecution In a court of appeals the parties file
ruling on the (criminal case) or plaintiff (civil briefs, which are essays explaining
case lawsuit) introduce evidence their legal arguments. (Higher
conducted? through witnesses and cross Achievement scholars will not
examine each others witnesses, submit briefs). Then the court will
and the judge or jury weighs the listen to oral arguments from the
evidence. attorneys.
Oral Argument- the lawyers argue
their legal positions, using
precedent, or prior case law.
Example: a lawyer representing a
student who was suspended for
wearing a t-shirt critical of the
president will argue that her client
should win because her case is just
like Tinker v. Des Moines, a case
involving students who protested the
Vietnam War.

Whom does Just those involved in the case. Many people. Each court of appeal
the ruling The trial court convicts Alice for covers several states. If the court
effect? stealing the necklace, and then rules that Alices confession could be
sentences Alice. admitted into evidence, it could
affect future defendants like
Alice. The case would be precedent
and would create a legal rule-- that
a student doesnt have a right to
have her parents present when
being questioned by the principal.

Why moot court?

Law students participate in moot court as part of their training to be lawyers. Moot
court is not only for lawyers, though. For 8th grade scholars, moot court is an
opportunity to:
 Practice developing logical arguments;
Improve their oral communication skills;
Connect events and ideas that are important to their lives-- such as discrimination
and school safety-- with the rules of our legal system;
Learn about our Constitution;
Develop confidence and professionalism by presenting a lawyerly argument before
adult volunteers (attorneys and law students);
Consider important and complex social justice issues, such as the balance between
students rights and a schools need to ensure safety and order;
Practice ELA skills including writing a thesis (called a theory of the case),
supporting arguments with evidence, structuring a coherent argument, and
utilizing new and sophisticated vocabulary;
Receive real-time feedback on their work from accomplished advocates;
Connect social studies with their lives and with a possible career path beyond
college- whether in politics, law, or public speaking.

How it works:

1. Higher Achievement scholars will receive a fictional fact pattern and legal
questions called a case record.
2. Scholars are assigned to either represent the appellant (who lost in the trial court)
or the appellee. In the 8th grade summer academy case, the appellants are
students who were suspended for violating a middle school dress code. The school
district is the appellee.
3. Scholars will work together and independently to prepare an opening statement
making their legal argument and prepare to answer challenging questions.
4. All scholars will participate in oral arguments in their achievement center, arguing
before at least one outside volunteer (and preferably a panel of volunteers).
5. Many achievement centers will bring scholars to oral arguments at a law firm,
college, or law school on a Friday field trip.

Instructions for Moot Court Hearing

1. Participants should consider all of the details presented in the Process for
Arguing in the scholar's guide. To prepare to argue, have the scholars look at the
step-by-step listing under Performance in the the Advocate's Guide (copied
below)

Legal analysis component:

1. Write a theory of the case, a thesis statement based on the legal rule and the facts
of the case.
Example: Louisas suspension violated her First Amendment right to free speech because
her statement was political, she did not disrupt the school environment, and a
reasonable person would not interpret the Tiananmen Square t-shirt as a violent
message.
2. Frame the case in a manner that encourages a court to decide in their favor.

Example: today this court must decide whether a school can punish a student for
displaying an award-winning historical photo in order to express her support for peace
and justice.

3. Cite and distinguish case law.

Example: This case is like Tinker v. Des Moines, in which the Court ruled that a school
could not punish a student for wearing an armband to protest the war in Vietnam. Like
Mary Beth Tinker, Louisa was making a political statement about peace.
Unlike in Morse v. Frederick, Louisa was not advocating illegal drug use. In Morse, the
students Bong Hits 4 Jesus sign glorified illegal activity. The Tiananmen Square t-shirt,
on the other hand, represents a student peacefully making a stand against a violent
government.

4. Write a logical argument that uses rhetorical signposts and transition phrases.
Example: the court should affirm the trial courts decision for three reasons. First.
Second. Third.
Although the School District claims that the speech was disruptive, the facts show that it
was not.

5. Engage in effective line-drawing, offering the court an opportunity to make a

moderate and principled decision.
Example: We are not asking this court to rule that a school district may never suspend a
student for wearing clothing with a violent image. We are simply saying that when a
student expresses her support for peace and justice through an image that accurately
shows a historical event, that cannot be interpreted as support for violence.

6. Engage effectively with counter-arguments.

8th Grade Social Studies: Scholars Guide to Moot Court Prep
Example: Counsel for the school district says that the tank on the Tiananmen Square t-
shirt could be interpreted as a show of violence. However, because the t-shirt says
Remember and displays the student in front of the tank, it is clear that the t-shirt is
condemning violence against innocent people.

7. Prepare responses to likely questions from judges. [Questions will be provided]

Example:
Q: counselor, couldnt the school just make a rule that said no clothes with images of
weapons?
A: Yes, your honor. However, this school rule was about violent images. Louisa
followed that rule and was punished for wearing a shirt that expressed her peaceful
political view.
Oral Presentation
1. Demonstrate thorough preparation by speaking smoothly and confidently;
2. Practice quality oral communications techniques, including enunciating, speaking at a
steady pace, making eye contact, standing steadily with good posture, and pausing for
breath at commas and between sentences.
3. Use court-appropriate terms such as your honor, opposing counsel, appellant,
appellee, and standard of review.
4. Have a confident, conversational interchange with judges in which scholars
demonstrate that they can discuss their material nimbly and fluently.

How to make sure your scholars are prepared for their roles.

How do you get the scholars to work together in order to prepare themselves for their
arguments?

How do you prepare scholars to make their argument so they are ready when the time
comes?

-Organization is Key

-Test the argumentative content to make sure there are no loopholes.

Understanding the terminology before teaching it

Legal jargon can be hard! Here is a synopsis of the terms you will need to understand
before you conduct a moot court in your classroom!

Appellate Court: A court having jurisdiction to review decisions of a trial-level or other

lower court. An unsuccessful party in a lawsuit must file an appeal with an appellate
court in order to have the decision reviewed. In the United States, appellate courts exist
at both the federal and the state levels. On the federal level, decisions of the U.S.
district courts, where civil and criminal matters are tried, can be appealed to the U.S.
court of appeals for the circuit covering the district court. - (Legal Dictionary online)

District Court: The lowest level US federal court, operating within a federal judicial
district within a state, where matters under federal jurisdiction are tried. - (Farlex Free
Dictionary)

Oral Argument: Statements that are given orally by an attorney, either in defense of a
client or to rebut the opposing partys statements. - (LawDictionary.org)

Plaintiff: A person who brings a case against another in a court of law (trial courts).

Defendant: the person against whom the suit in a trail is brought (trial courts).

Appellants: a person who applies to a higher court for a reversal of the decision of a
lower court.
Appellees: the respondent in a case appealed to a higher court.1
1
All legal definitions adapted from http://dictionary.law.com/