Moot court

Moot court is an cocurricular activity at many law schools. Participants take part in simulated court or arbitration proceedings, usually involving drafting memorials or memoranda and participating in oral argument. In most countries, the phrase "moot court" may be shortened to simply "moot" or "mooting". Participants are either referred to as "mooters" or, less conventionally, "mooties".

A law school's moot courtroom

Moot court involves simulated proceedings before an appellate court, arbitral tribunal, or international dispute resolution body. These are different from mock trials that involve simulated jury trials or bench trials. Moot court does not involve actual testimony by witnesses, cross-examination, or the presentation of evidence, but is focused solely on the application of the law to a common set of evidentiary assumptions, facts, and clarifications/corrections to which the competitors are introduced.[1] Though not moots in the traditional sense, alternative dispute resolution competitions focusing on mediation and negotiation have also branded themselves as moot competitions in recent times, as had role-playing competitions in the past.

Moot court is one of the key extracurricular activities in many law schools (the others being law review and clinical work) around the world. Depending on the competition, students may spend a semester researching and writing the written submissions or memorials, and another semester practicing their oral arguments, or may prepare both within the span of a few weeks. Whereas domestic moot court competitions tend to focus on municipal law such as criminal law or contract law, regional and international moot competitions tend to focus on cross-border subjects such as public international law (including its subsets environmental law, space law, and aviation law), international human rights law, international humanitarian law, international criminal law, international trade law, international maritime law, international commercial arbitration, and foreign direct investment arbitration. Procedural issues pertaining to jurisdiction, standing, and choice of law are also occasionally engaged, especially in arbitration moots.

In most moot court competitions, each side is represented by two speakers or oralists (though the entire team composition may be larger) and a third member, sometimes known as of counsel, may be seated with the speakers. Each speaker usually speaks between 10 and 25 minutes, covering one to three main issues. After the main submissions are completed, there will usually be a short round or two of rebuttal and even surrebuttal. Communications between speakers may or may not be prohibited. Throughout the course of the submissions, judges — usually lawyers, academics, or actual judges — may ask questions, though in some competitions questions are reserved to the end of submissions. In larger competitions, teams have to participate in up to ten rounds; the knockout/elimination stages are usually preceded by a number of preliminary rounds to determine seeding (power seeding is often used). Teams almost always must switch sides (applicant/appellant/claimant on one side, and respondent on the other) throughout a competition, and, depending on the format of the moot, the moot problem usually remains the same throughout. The scores of the written submissions are taken into consideration for most competitions to determine qualification (whether for the competition or for the knockouts) and seeding, and sometimes even up to a particular knockout stage.

International moot court competitions

International moot competitions are generally targeted at students (including postgraduates) and only allow participants who have not qualified to practice law in any jurisdiction. However, there are a handful of international moot competitions that are targeted at newly qualified lawyers, such as the ECC-SAL Moot, which is a regional moot started in 2012 and is jointly organised by Essex Court Chambers and the Singapore Academy of Law, and the New South Wales Young Laywers/CIArb competition.

The first table below lists some of the more notable international moot competitions for students, the second table lists the champions and finalists for the major or grand slam competitions, while the third and final table lists the champions and finalists for the minors and regionals. Major or grand slam international moots typically refer to class-leading moots or those that attract a substantial number of teams, while smaller or less established and region-only competitions are known as minors and regionals respectively; "international" class moots are sandwiched between grand slams and minors and regionals in terms of scale and prestige.[2][3][4] Some countries also divide competitions into various tiers of prestige for the purpose of awarding points in league tables, with moots such as the Jessup and Vis competitions being considered as belonging to the highest tier.[5]

For the 2019/20 international moots season, many competitions such as the Jessup, Frankfurt, and International Criminal Court were cancelled due to Covid-19. Some competitions, however, such as Price, Vis, and Vis East, hosted the oral rounds via online platforms.

List of notable competitions
CompetitionEstablishedClassPrimary subject matterRecord annual participation (year)Location of international finalsNational or regional roundsMost (international) championships[6]
Philip C Jessup[7]1960 (1968 for international rounds)Major/grand slamPublic international law645 teams (2017)[8]Washington D.C.YesUniversity of Sydney (5)
Willem C Vis[9]1993Major/grand slamInternational commercial arbitration407 teams (2019)ViennaNoUniversity of Ottawa (3)
Price Media Law[10]2007Major/grand slamInternational media law140 teams (2012)OxfordYesSingapore Management University (4)
International Criminal Court[11]2005 (2007 for international rounds)Major/grand slamInternational criminal law112 teams (2016)The HagueYes* Singapore Management University (3)
* Leiden University (3)
Sir Manfred Lachs Space Law Moot[12]1992 (1993 for international rounds)Major/grand slamSpace law74 teams (2017)VariesYes* George Washington University (3)
* National Law School of India University (3)
Frankfurt Investment Arbitration[13]2007Major/grand slamInternational investment arbitration66 teams (2017)[14]FrankfurtYesUniversity of Miami (2)
Fletcher[15]2016InternationalInternational insolvency law28 teams (2020)VariesQualification by written submissionsSingapore Management University (2)
Oxford Intellectual Property Law2003InternationalIntellectual property law66 teams (2018)[16]OxfordQualification by written submissionsQueensland University of Technology (3)
Sarin Air Law2010InternationalAviation law41 teams (2018)VariesYes?
Foreign Direct Investment International Arbitration[17]2008InternationalInvestor-state dispute settlementVariesYesMurdoch University (2)
LAWASIA[18]2005RegionalInternational commercial arbitration (since 2011)41 teams (2018)VariesYesSingapore Management University (4)
Red Cross (Asia-Pacific) IHL[19]2003 (2004 for international rounds)RegionalInternational humanitarian law120 teams (2019)Hong KongYesVictoria University of Wellington (2)
Nuremberg[20]2014InternationalInternational criminal law160 teams (2019)[21]NurembergQualification by written submissions* Maastricht University (3)
John Jackson WTO2002InternationalWorld Trade Organization law99 teams (2018)[22]GenevaYesUniversity of Melbourne (3)
WTO/FTA (Asian WTO)2010 (2015 for international rounds)RegionalWorld Trade Organization law35 teams (2017)SeoulQualification by written submissions* Seoul National University (1)
* Singapore Management University (1)
Asian Law Students' Association2008RegionalVaries44 teams (2018)VariesQualification by written submissionsSingapore Management University (2)
African Human Rights[23]1992RegionalHuman rights in AfricaVaries within AfricaNo* University of Pretoria (5)
* University of Cocody (5)
ELMC1988RegionalEuropean lawLuxembourgYes
International Maritime Law Arbitration[24]2000MinorInternational maritime law34 teams (2020)[25]VariesNoUniversity of Queensland (9)
International Moot Competition on Maritime Arbitration[26]2010RegionalInternational maritime lawOdessaNo
World Human Rights2009MinorInternational human rights law50 teamsPretoriaYesNorman Manley Law School (3)
Asia Cup[27]1999RegionalPublic international law40 teams (2011)TokyoQualification by written submissionsNational University of Singapore (6)
Hague Choice of Court Convention2014MinorPrivate international law12 teams (2015)VariesYesSingapore Management University (1)

Records

Most number of international championships in a season
  • 5: Singapore Management University, 2014/15 (Asia Cup, Hague Convention, LawAsia, Vis East, ICC)[28][2][4][29]
  • 5: Singapore Management University, 2016/17 (Fletcher, Frankfurt, LawAsia, Price, Asian LSA)[2][4][29]
  • 4: National University of Singapore, 2000/01 (Asia Cup, Lachs, Maritime, Jessup)
  • 4: National University of Singapore, 2016/17 (Asia Cup, Air Law, Maritime, Private Law)[2]
  • 3: Singapore Management University, 2015/16 (Price, ICC, WTO/FTA)[30][2]
  • 3: Leiden University, 2012/13 (ICC, ELMC, Telders)
  • 3: National University of Singapore, 2014/15 (DM Harish, Jean Pictet, Maritime)

Most number of international championship finals in a season
  • 9: Singapore Management University, 2015/16 (WTO/FTA, Private Law, Maritime, Asia Cup, Vis East, Vis, Price, IHL, ICC)[30][2][4][29]
  • 8: Singapore Management University, 2014/15 (Hague Convention, Asia Cup, LawAsia, Vis East, Vis, Frankfurt, Price, ICC)[28][2][4][29]
  • 6: Singapore Management University, 2016/17 (LawAsia, Fletcher, Frankfurt, Price, ICC, Asian LSA)[2]
  • 6: National University of Singapore, 2016/17 (Asia Cup, Air Law, Maritime, Pan Asian Human Rights, Private Law, HSF Competition Law)[2]

Most number of major or grand slam international championships in a season
  • 2: University of Buenos Aires, 2015/16 (Jessup, Vis)
  • 2: National University of Singapore, 2000/01 (Jessup, Lachs)
  • 2: Singapore Management University, 2014/15 (ICC, Vis East)
  • 2: Singapore Management University, 2015/16 (ICC, Price)
  • 2: Singapore Management University, 2017/18 (Frankfurt, Price)
  • 2: National Law University, Delhi, 2013/14 (ICC, Lachs)

Most number of major or grand slam international championship finals in a season
  • 5: Singapore Management University, 2014/15 (Frankfurt, ICC, Price, Vis East, Vis)[4][29]
  • 4: Singapore Management University, 2015/16 (ICC, Price, Vis East, Vis)
  • 3: Singapore Management University, 2016/17 (Frankfurt, ICC, Price)

Teams that have successfully defended a major or grand slam international championship
  • Singapore Management University, 2014/15 and 2015/16 (ICC)[30][2][29]
  • Singapore Management University, 2015/16 and 2016/17 (Price)[31][2][29]

Domestic moot court competitions

List of notable competitions

USA

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.

A number of moot court competitions focus on specific areas of law. For example, the First Amendment Center annually holds a National First Amendment Moot Court Competition, in which the judges have included numerous United States Circuit Court judges.[32]

United Kingdom

The courts systems differ in various parts of the United Kingdom. Thus, the style of a moot will often vary depending in which jurisdiction it is to be heard, although some national competitions do exist. The principal differences are between the laws in Scotland and those in England and Wales. In England and Wales the moot will typically simulate proceedings in either the Court of Appeal or the Supreme Court. Moot questions generally involve two questions of law that are under dispute and come with a set of facts about the case that have been decided at the first instance trial.[33] Generally the question will surround a subject that is unclear under the present state of the law and for which no direct precedent exists. Mooting is a team effort, consisting of senior or lead counsel and junior counsel. It is normal practice for the senior counsel to take on the first point and the junior the second; although this may vary depending upon the exact nature, and necessary length, of the arguments.[34] Typically the question will focus on one area of law, e.g. tort, contract, criminal law or property law.

The question will be provided to the teams a few weeks in advance of the moot along with details as to which of the appellant or respondent they are to represent. It is then up to each team to prepare their case as though they were barristers. Authority for each argument is necessary and will usually take the form of precedent from case law but may also involve legislation. Reliance may also be placed on governmental papers, research from NGOs and academic journals and texts. A few days before the moot takes place each team will prepare and exchange their skeleton arguments or brief. Copies will also be provided to the judge along with the moot problem. The judge is normally an academic or practising solicitor or barrister. The moot itself takes the form of an oral argument. The competition may also allow the appellants an additional few minutes in order to reply to the respondents arguments.[35] After the presentation of arguments has concluded, the judge will retire to deliberate on both the law and the overall winning of the moot. A moot is not won and lost on the legal argument, but on the advocacy skills of the participants. It is often the case that the team that has the weaker legal argument is in a better position as they have to argue that much more persuasively.

In Scotland a moot can be set in a variety of fora; in civil law problems it is set most commonly in either the Inner House of the Court of Session or in the House of Lords, although it is not uncommon for a moot to be heard in the Sheriff Court before the Sheriff or Sheriff Principal. Occasionally, an Employment Appeal Tribunal may also be used as a forum for a Scottish civil law moot. If the moot problem concerns Criminal Law, the moot will most likely be heard as though in the Appellate division of the High Court of Justiciary (commonly known as the Court of Criminal Appeal). The moot points and style of the problem are similar to that of England and Wales stated above; however, the format of the moot is significantly different. Junior counsel is more likely to take the first moot point and senior counsel the second (this can however be reversed depending on the problem). The format of the moot is far more adversarial than that of English and Welsh moots. This is primarily due to a more adversarial legal system. This manifests itself in different ways, most notably with the appellants and respondents facing each other during a moot, rather than, as in England and Wales, facing the judge.

There is only one national Scottish competition, the Alexander Stone National Legal Debate, administered by the Law School at the University of Glasgow. All Scottish universities that offer the LL.B. are eligible to take part, although in recent years the competition has been fought out mainly between Dundee, Edinburgh, Glasgow and Strathclyde universities. The final is held in the Alexander Stone Court Room at the University of Glasgow in February or March each year. There are also several annual inter-varsity competitions between law schools, including the Glasgow Sheriff's Cup (the University of Glasgow v the University of Strathclyde) and the Granite City Moot (the University of Aberdeen v Robert Gordon University). These competitions are ordinarily judged by a Senator of the College of Justice.

See also

References
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  2. "Another Season of Record-Breaking International Moot Court Achievements (SMU) - The Singapore Law Gazette". 1 November 2017.
  3. hermes (15 June 2018). "SMU team wins moot contest in The Hague".
  4. "The 2017/18 International Moots Season in Review". The Singapore Law Gazette. 2018-10-08. Retrieved 2019-11-21.
  5. Ganz, Kian. "Mooting Premier League is back: MPL 7 sees Nalsar, UILS, NLS, NLIU lead after strong 2016 start". www.legallyindia.com.
  6. Note: competitions that went fully online because of Covid-19 not inclusive
  7. "ILSA". ILSA. Archived from the original on 2010-09-15. Retrieved 2012-04-21.
  8. "Record Number of Teams Set to Compete in Jessup International Law Moot Court Competition - White & Case LLP International Law Firm, Global Law Practice". www.whitecase.com.
  9. "Willem C. Vis International Commercial Arbitration Moot list". Cisg.law.pace.edu. Retrieved 2012-04-21.
  10. "Welcome | Price Media Law Moot Court Programme". Pricemootcourt.socleg.ox.ac.uk. Retrieved 2012-04-21.
  11. "ICC-Trial Competition". ICC-Trial Competition. Archived from the original on 2012-03-13. Retrieved 2012-04-21.
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  13. "investmentmoot.org". investmentmoot.org. Retrieved 2012-04-21.
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  16. "Finalists for the 16th Oxford International IP Moot Court Announced". 23 January 2018.
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  18. "Welcome to LAWASIA". lawasiamoot.org.
  19. "12th Red Cross International Humanitarian Law Moot 2014".
  20. Court, Nuremberg Moot. "Home: Nuremberg Moot Court". nuremberg-moot.de.
  21. "Nuremberg Moot Court". www.facebook.com.
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  23. "African Human Rights Moot Court Competition Retrieved June 24, 2011". Archived from the original on September 15, 2011. Retrieved June 24, 2011.
  24. "International Maritime Law Arbitration". Law.murdoch.edu.au. 2012-02-08. Retrieved 2012-04-21.
  25. http://www.murdoch.edu.au/School-of-Law/_document/IMLAM/IMLAM-2019/20th-IMLAM-----Invitation-to-Participate-in-20191.pdf
  26. "IMCMA". Cilj.org.ua. Retrieved 2012-04-21.
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  29. https://lawgazette.com.sg/news/updates/international-moots-review-2/
  30. "Archived copy". Archived from the original on 2017-02-02. Retrieved 2017-05-12.CS1 maint: archived copy as title (link)
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  34. "Mooting Net - How to Moot I". Archived from the original on 2007-12-02. Retrieved 2007-12-08.
  35. "Mooting Net - How to Moot II". Archived from the original on 2007-12-02. Retrieved 2007-12-08.
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