Moot court






A law school's moot courtroom


Moot court is an extracurricular activity at many law schools in which 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".


Moot court involves a simulated appellate court (appellate advocacy) or arbitral case, which is different from a mock trial that involves a simulated jury trial or bench trial (trial advocacy). 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 a moot 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 subjects such as public international 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 of rebuttal and even surrebuttal. Depending on the format of the moot, there may be one or two rounds of rebuttal and surrebuttal, and communications between speakers may or may not be prohibited. Throughout the course of the submissions, 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 and seeding, and sometimes even up to a particular knockout stage.




Contents






  • 1 International moot court competitions


    • 1.1 List of notable competitions


    • 1.2 List of champions and first runners-up for major or grand slam competitions


    • 1.3 List of champions and first runners-up for internationals and minors/regionals


    • 1.4 Records


      • 1.4.1 Most number of international championships in a season


      • 1.4.2 Most number of international championship finals in a season


      • 1.4.3 Most number of major or grand slam international championships in a season


      • 1.4.4 Most number of major or grand slam international championship finals in a season


      • 1.4.5 Teams that have successfully defended a major or grand slam international championship




    • 1.5 Mooters with multiple international championships


      • 1.5.1 At least two majors or grand slams


      • 1.5.2 At least one major or grand slam


      • 1.5.3 Minors or regionals only






  • 2 Domestic moot court competitions


    • 2.1 List of notable competitions


    • 2.2 USA


      • 2.2.1 Operation


      • 2.2.2 The American Collegiate Moot Court Association




    • 2.3 United Kingdom


      • 2.3.1 England and Wales


      • 2.3.2 Scotland




    • 2.4 India




  • 3 See also


  • 4 References


  • 5 External links





International moot court competitions


International moot competitions are generally targeted at students 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 young 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.


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]



List of notable competitions























































































































































































































































































































































Competition Established Class Primary subject matter Record annual participation (year) Location of international finals National or regional rounds
Most (international) championships

Philip C Jessup[6]
1960 (1968 for international rounds) Major/grand slam Public international law 645 teams (2017)[7]
Washington D.C. Yes
University of Sydney (5)

Willem C Vis[8]
1993 Major/grand slam International commercial arbitration 379 teams (2019)[9]
Vienna No
University of Ottawa (3)

Willem C Vis (East)[10]
2003 Major/grand slam International commercial arbitration 128 teams (2017)[11]
Hong Kong No * Loyola Law School (2)
* West Bengal National University of Juridical Sciences (2)

Price Media Law[12]
2007 Major/grand slam International media law 140 teams (2012) Oxford Yes
Singapore Management University (3)

International Criminal Court[13]
2005 (2007 for international rounds) Major/grand slam International criminal law 112 teams (2016) The Hague Yes Singapore Management University (3)

Frankfurt Investment Arbitration[14]
2007 Major/grand slam International investment arbitration 66 teams (2017)[15]
Frankfurt Yes
University of Miami (2)

Sir Manfred Lachs Space Law Moot[16]
1992 (1993 for international rounds) Major/grand slam Space law 74 teams (2017) Varies Yes * George Washington University (3)
* National Law School of India University (3)
Oxford Intellectual Property Law 2004 International Intellectual property law 66 teams (2018)[17]
Oxford Qualification by written submissions
Queensland University of Technology (3)
Sarin Air Law 2010 International Aviation law 41 teams (2018); 24 nr'19 Varies Yes ?

Fletcher[18]
2016 International International insolvency law 21 teams (2019) Varies Qualification by written submissions Singapore Management University (1)
John Jackson WTO 2002 International
World Trade Organization law
99 teams (2018)[19]
Geneva Yes
University of Melbourne (3)
Foreign Direct Investment International Arbitration[20]
2008 International Investor-state dispute settlement Varies Yes
Murdoch University (2)

Nuremberg[21]
2014 International International criminal law 160 teams (2019)[22]
Nuremberg No
University of Maastricht (2)

LAWASIA[23]
2005 Regional International commercial arbitration (since 2011) 41 teams (2018) Varies Yes Singapore Management University (4)

Red Cross (Asia-Pacific) IHL[24]
2003 (2004 for international rounds) Regional International humanitarian law 110 teams (2018) Hong Kong Yes
Victoria University of Wellington (2)
WTO/FTA (Asian WTO) 2010 (2015 for international rounds) Regional World Trade Organization 35 teams (2017) Seoul Qualification by written submissions * Seoul National University (1)
* Singapore Management University (1)
Pan-Asian Human Rights 2017 Regional International human rights law 8 teams (2017) Hong Kong Qualification by written submissions
University of the Philippines (1)
Asian Law Students' Association 2008 Regional Varies 44 teams (2018) Varies Qualification by written submissions Singapore Management University (2)
ELSA European Human Rights[25]
2012 Regional European Convention on Human Rights Strasbourg Qualification by written submissions

African Human Rights[26]
1992 Regional Human rights in Africa Varies within Africa No * University of Pretoria (5)
* University of Cocody (5)
ELMC 1988 Regional European law Luxembourg Yes
International Maritime Law Arbitration[27]
2000 Minor International maritime law 28 teams (2018)[28]
Varies No
University of Queensland (8)

International Moot Competition on Maritime Arbitration[29]
2010 Regional International maritime law Odessa No
World Human Rights 2009 Regional International human rights law Pretoria Yes
Telders[30]
1977 Regional Public international law 30 teams The Hague Yes

Asia Cup[31]
1999 Regional Public international law 40 teams (2011) Tokyo Qualification by written submissions
National University of Singapore (6)
Hague Choice of Court Convention 2014 Minor Private international law 12 teams (2015) Varies Yes Singapore Management University (1)
International Law Youth for Peace 2006 Minor International humanitarian law 35 teams Minsk No
Private Law[32]
2014 Minor Australian private law
17 teams (2018) Sydney No
University of New South Wales (2)
HSF Competition Law 2015 Minor Competition law 29 teams (2018) London Qualification by written submissions * University of Hong Kong (2)
Nelson Mandela Moot 2009 Minor International human rights law 164 teams (2018)[33]
Geneva Qualification by written submissions
DM Harish 2000 (2005 for international teams) Minor Public international law 40 teams Mumbai No
Stetson[34]
1995 Minor International environmental law 80 teams[35]
Gulfport Yes


List of champions and first runners-up for major or grand slam competitions





























































































































































































































































































































































































































































































































































































Year
Jessup[6]

Vis[8]

Vis East[36]

Price[37]

Frankfurt Investment[38]
International Criminal Court
Space (Lachs)[39]
2018
University of Queensland/National Law School of India University

National Research University – Higher School of Economics/Cambridge University

ILS Law College/Albert Ludwigs University of Freiburg

University of San Carlos/Singapore Management University

National University of Singapore/University of Ljubljana
Singapore Management University/West Bengal National University of Juridical Sciences

University of Pretoria/Symbiosis International University
2017
University of Sydney/Norman Manley Law School

University of Ottawa/Jindal Global Law School
West Bengal National University of Juridical Sciences/Nalsar University of Law
Singapore Management University/University of Oxford
Singapore Management University/Gujarat National Law University

Leiden University/Singapore Management University
National Law School of India University/University of Mississippi
2016
University of Buenos Aires/University of Pennsylvania
University of Buenos Aires/Singapore Management University
Chinese University of Hong Kong/Singapore Management University
Singapore Management University/Jindal Global Law School
Bucerius Law School/National University of Singapore
Singapore Management University/University of Cologne

National and Kapodistrian University, Athens/Obafemi Awolowo University
2015 University of Sydney/Pontificia Universidad Católica de Chile
University of Ottawa/Singapore Management University Singapore Management University/University of Arizona

University of the Philippines/Singapore Management University
Jindal Global Law School/Singapore Management University Singapore Management University/Leiden University University of Mississippi/National and Kapodistrian University of Athens
2014 University of Queensland/Singapore Management University
Deakin University/National Law School of India University

Loyola University Chicago/Universiteit van Amsterdam
Jindal Global Law School/University of Oxford
University of Miami–Sciences Po
National Law University, Delhi National Law University, Delhi/Florida State University
2013 National Law School of India University/Singapore Management University
City University of Hong Kong/Monash University

University of Canberra/University of Münster
National Law University, Delhi/Regent University

Stockholm University/Peking University
Leiden University
Georgetown University/Leiden University
2012
Moscow State University/Columbia University
Nalsar University of Law/University College London
City University of Hong Kong/University of Houston
Nalsar University of Law/University of Technology Sydney
Norman Manley Law School/University of Versailles
City University of Hong Kong National Law School of India University/National and Kapodistrian University of Athens
2011 University of Sydney/Columbia University University of Ottawa/University of Montevideo

Bond University/City University of Hong Kong

Belgrade Law School/Cardozo School of Law
University of Miami/Graduate Institute Geneva
Bond University Florida State University/National University of Singapore
2010
Australian National University/Columbia University

King's College London/University of Ottawa
Albert Ludwigs University of Freiburg/Deakin University Singapore Management University/Cardozo School of Law Georgetown University/George Washington University
Osgoode Hall Law School George Washington University/National University of Singapore
2009
Universidad de los Andes/University College London

Victoria University of Wellington/University of Pune

Loyola Law School/Stetson University
Cardozo School of Law/BPP Law School

La Trobe University/City University of Hong Kong
Bond University National Law School of India University/Georgetown University
2008
Case Western Reserve University/University of New South Wales

Carlos III University of Madrid/Touro Law Center
Griffith University
International Islamic University of Malaysia/?

Martin Luther University/St Gallen University
NA University of New South Wales/University of Augsburg
2007 University of Sydney/King's College London Albert Ludwigs University of Freiburg/University of Zagreb

Pepperdine University School of Law/Monash University
University of Pretoria George Washington University/University of Queensland
2006 Columbia University/Universidad Católica Andrés Bello

Queen Mary/Stetson University
Loyola Law School/Deakin University
University of Auckland/McGill University
2005 University of Queensland/International Islamic University of Malaysia Stetson University/University of Vienna
West Bengal National University of Juridical Sciences/University of Houston George Washington University/National University of Singapore
2004 Ateneo Law School/National University of Singapore Osgoode Hall Law School/Victoria University of Wellington
Tsinghua University/Loyola University Chicago
Leiden University/Georgetown University
2003
University of Western Australia/Mari State University
West Bengal National University of Juridical Sciences/Humboldt University
University of Auckland/Georgetown University
2002
University of the Witwatersrand/University of Western Australia
National University of Singapore/University of Queensland Georgetown University/University of New South Wales
2001 National University of Singapore/Universidad Católica Andrés Bello Monash University/University of Cologne National University of Singapore/University of North Carolina
2000
University of Melbourne/Universidad Católica Andrés Bello
University of Queensland/Loyola Law School
University of Paris XI/Hamline University
1999 National Law School of India University/University of Pretoria Deakin University/Tulane University

Vanderbilt University/University of Paris XI
1998
Universidad Nacional Autónoma de México/Australian National University
University of Münster/University of Queensland University of North Carolina/University of Helsinki
1997 Universidad Católica Andrés Bello/University of Calgary
University of Queensland/University of Cologne University of Paris XI/University of North Carolina
1996 University of Sydney/National University of Singapore
Cornell University/Deakin University
University of Helsinki/University of Wyoming
1995 University of the Philippines/University of Western Australia Albert Ludwigs University of Freiburg/University of Nottingham
University of North Carolina/Leiden University
1994 National University of Singapore/University of Melbourne Columbia University/Laval University

Marshall University/University of Helsinki
1993 University of Melbourne/University of Hawaii
Leiden University/George Washington University
1992
Universite de Paris I/National University of Singapore

1991
University of Saskatchewan/University of Georgia

1990 University of Georgia/University of Toronto

1989
University of British Columbia/University of Melbourne

1988 University of Melbourne/National University of Singapore
1987 Georgetown University/Katholieke Universiteit Leuven

1986
Boston College/National University of Singapore

1985 National University of Singapore/Southwestern University

1984
Dalhousie University/South Texas College of Law

1983
University of Kansas/National University of Singapore

1982 National University of Singapore/University of the Pacific

1981 Australian National University/University of the Pacific
1980 Georgetown University/National University of Singapore
1979
Northwestern University/University of Adelaide

1978
Brooklyn Law School/University of Toronto

1977 University of Kansas/University of Toronto
1976 University of Toronto/American University

1975 Cambridge University/Georgetown University
1974
University of Texas/Haile Selassie I University

1973
West Virginia University/Brunel University

1972 University of Miami/Haile Selassie I University
1971 University of Texas/University of California

1970 University of Miami/University of Kentucky

1969
Rutgers University
University of Michigan

1968
Duke University/University of Miami

1967 Vanderbilt University/Harvard Law School

1966 University of Texas/University of Wisconsin

1965 Columbia University/University of Virginia
1964 University of Texas/University of Pittsburgh

1963 Columbia University/University of North Carolina


List of champions and first runners-up for internationals and minors/regionals





















































































































































































































































Year
LAWASIA[40]

IHL Asia-Pacific[41]

Asia Cup[42]

Maritime[27]

IP[43]

Fletcher[18]

Sarin Air[44]

Asian LSA
2019
2018
University of Malaya/National University of Singapore

Gujarat National Law University/University of New South Wales
National University of Singapore/University of Malaya
University of Queensland/University of Hong Kong
University of New South Wales/University of Cambridge

University of British Columbia/University of Queensland

Rajiv Gandhi National University of Law/Singapore Management University
National University of Singapore/National University of Singapore
2017 Singapore Management University/Universiti Teknologi MARA

Bond University/University of Hong Kong
National University of Singapore/Thammasat University
National University of Singapore/University of Queensland
Bucerius Law School/University of Toronto
Singapore Management University/National University of Singapore National University of Singapore/West Bengal National University of Juridical Sciences
Singapore Management University/Dr Ram Manohar Lohiya National Law University
2016 Singapore Management University/West Bengal National University of Juridical Sciences
Queensland University of Technology/Singapore Management University
National University of Singapore/Ateneo Law School

University of Sydney/Singapore Management University

University of Ottawa/National Law School of India University
Dr Ram Manohar Lohiya National Law University/National University of Singapore
Universitas Indonesia/National University of Singapore
2015
Advance Tertiary College/National Law University, Jodhpur

Victoria University of Wellington/University of Hong Kong
University of Malaya/Singapore Management University National University of Singapore/University of Hong Kong National Law School of India University/Monash University
University of Queensland/National Law School of India University Universitas Indonesia/Hidayatullah National Law University
2014 Singapore Management University/Chinese University of Hong Kong

University of Adelaide/National Law University, Jodhpur
Singapore Management University/Universitas Padjadjaran
Universitas Indonesia/Maastricht University
University of Hong Kong/University of Toronto
Leiden University/
Singapore Management University/Chinese University of Hong Kong
2013 Singapore Management University/Taylor's University
National Law University, Delhi/Australian National University
Ateneo Law School/Singapore Management University University of Queensland/National University of Singapore University of Ottawa/National Law University, Delhi
2012 Chinese University of Hong Kong/Singapore Management University University of Hong Kong/University of Melbourne
Ateneo Law School/Singapore Management University University of Queensland/Queensland University of Technology Queensland University of Technology/University of Oxford

2011 Advance Tertiary College/Singapore Management University Victoria University of Wellington/Hidayatullah National Law University Singapore Management University/Ateneo Law School
Murdoch University/University of Southampton

London School of Economics/University of Hong Kong

McGill University/

2010 National Law University, Delhi/Advance Tertiary College University of Hong Kong/Universiti Utara Malaysia
Singapore Management University/Universitas Pelita Harapan
National University of Singapore/Murdoch University
Boston University/Queensland University of Technology
Leiden University/McGill University
2009 Advance Tertiary College/Singapore Management University Universitas Indonesia/Gujarat National Law University
University of the Philippines/Kathmandu School of Law
University of Queensland/Universitas Indonesia Queensland University of Technology/University of Edinburgh

Peking University/Singapore Management University
2008 University of Hong Kong/University of the Philippines National University of Singapore/Multimedia University
Ateneo Law School/University of Hong Kong University of Queensland/University of Notre Dame Australia
National University of Singapore
2007 University of Hong Kong/Taylor's University University of Sydney/University of Hong Kong University of the Philippines/Chulalongkorn University
Universitas Indonesia/Victoria University
Queensland University of Technology
2006 NA University of Queensland/University of Hong Kong Universitas Indonesia/University of Malaya Queensland University of Technology/University of Southampton
National University of Singapore
2005 University of Hong Kong/University of Western Australia
University of the Philippines/University of the Philippines National University of Singapore/Universitas Indonesia University of Queensland/University of Hong Kong University of Birmingham
2004 National University of Singapore/University of Hong Kong National University of Singapore/Universitas Indonesia
University of Technology Sydney/National University of Singapore
University College Dublin
2003 University of the Philippines University of Queensland/National Law School of India University
2002 Ateneo Law School University of Queensland/University of Hong Kong
2001 National University of Singapore National University of Singapore/University of Technology Sydney
2000 University of the Philippines National University of Singapore
1999 Ateneo Law School


Records



Most number of international championships in a season



  • 5: Singapore Management University, 2014/15 (Asia Cup, Hague Convention, LawAsia, Vis East, ICC)[45][2][4]

  • 5: Singapore Management University, 2016/17 (Fletcher, Frankfurt, LawAsia, Price, Asian LSA)[2][4]

  • 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)[46][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)[46][2][4]

  • 8: Singapore Management University, 2014/15 (Hague Convention, Asia Cup, LawAsia, Vis East, Vis, Frankfurt, Price, ICC)[45][2][4]

  • 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]

  • 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)[46][2]

  • Singapore Management University, 2015/16 and 2016/17 (Price)[47][2]



Mooters with multiple international championships



At least two majors or grand slams



  • Jason Chan, National University of Singapore: Jessup'2001; Asia Cup'2001; Vis'2002[48][4]

  • Tracy Gani, Singapore Management University: Price'2017; ICC'2018 (also IHL'2016 finalist)[49][4]

  • Saw Teng Sheng, Singapore Management University: ICC'2016; Price'2017[4]



At least one major or grand slam



  • Lucas Bastin, University of Sydney: WTO'2006; IHL'2007; Jessup'2007[50]

  • Mark Lawrence Badayos, University of San Carlos: Stetson'2016; Price'2018

  • Emily Chalk, University of Queensland: Maritime'2013; Jessup'2014

  • Bethel Chan, Singapore Management University: Asia Cup'2014; Vis East'2015 (also Vis'2015 finalist and Essex-SAL'2017 champion)

  • Chang Zi Qian, Singapore Management University: Price'2010; Youth for Peace'2011

  • Foo Shi Hao, Singapore Management University: LawAsia'2013; ICC'2015

  • Eden Li, Singapore Management University: Asia Cup'2014; Vis East'2015 (also Vis'2015 finalist and Essex-SAL'2017 finalist)

  • Odette Murray, University of Sydney: IHL'2007; Jessup'2007

  • Nicolette Oon, Singapore Management University: Asia Cup'2014; Vis East'2015 (also Vis'2015 finalist)

  • Dhruv Sharma, National Law University, Delhi: IHL'2013; ICC'2014

  • Eric Shi, University of Sydney: Maritime'2016; Jessup'2017

  • Grace Sim, Singapore Management University: LawAsia'2014; Vis East'2015 (also Vis'2015 finalist)

  • Kabir Singh, National University of Singapore: Jessup'2001; Asia Cup'2001

  • Jerald Soon, Singapore Management University: Asia Cup'2014; Vis East'2015 (also Vis'2015 finalist)

  • Harry Stratton, University of Sydney: Maritime'2016; Jessup'2017

  • Tan Jun Hong, Singapore Management University: Asian LSA'2014; Asia Cup'2014; Vis East'2015 (also Vis'2015 finalist, Essex-SAL'2017 finalist, and CIArb/New South Wales Young Lawyers Moot'2018 champion)

  • Tess Tan, University of San Carlos: Stetson'2016; Price'2018

  • Nanthini Vijayakumar, Singapore Management University: LawAsia'2013; WTO/FTA'2015 (also Moot Shanghai'2014 finalist)

  • Samuel Yap, Singapore Management University: LawAsia'2013; ICC'2015



Minors or regionals only



  • Kiu Yan Yu, National University of Singapore: Asia Cup'2016; IASLA Space '2016; Private Law '2017[51]

  • Jeremiah Lau, National University of Singapore: DM Harish'2015; HSF Competition Law'2015[51]

  • Muz Omar, Singapore Management University: Asian LSA'2014; LawAsia'2014

  • Ong Chee Yeow, National University of Singapore: Asia Cup '2016, IASLA Space '2016[51]

  • Ephraim Tan, National University of Singapore: Asia Cup '2016; IASLA Space '2016[51]



Domestic moot court competitions



List of notable competitions



  • Australian Law Students' Association

  • Ames Moot Court Competition


  • Conférence des avocats du barreau de Paris (litt. Paris Bar association conference)

  • English Speaking Union Moot


  • Giles Sutherland Rich Memorial Moot Court Competition

  • London Universities Mooting Shield


  • New York City Bar Association National Moot Court Competition

  • NZLSA Bell Gully Mooting Competition

  • The Laskin Moot



USA



Operation


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.[52]



The American Collegiate Moot Court Association


In the United States, undergraduates experience moot court in a variety of disciplines and a variety of settings. The most common are in-class exercises that are assigned by professors. Other schools actually form competitive teams. These teams often compete in intramural events, some in statewide competitions, or they can enter tournaments sponsored by the American Collegiate Moot Court Association. While undergraduate moot court is still a relatively new forensics activity, when compared with speech and debate and intercollegiate mock trial, by 2010, there were 248 teams who competed at the regional tournaments. The regional tournaments vary by size, but there is a standardized process for awarding bids to nationals. Currently, teams that finish in the top 25 percent of each regional earn an automatic bid to the national tournament. The remainder of the 64 team field is awarded to at-large teams with the best records at the qualifying events. No school can earn more than eight bids to the national field. ACMA tournaments currently have three preliminary rounds and a series of elimination rounds are very much like the “sudden death”/”one-and-done” nature of the NCAA basketball tournament. The qualifying tournaments are held during the fall semester, most are in November, and the championship tournament is in mid-January.


Undergraduate moot court cases pose two certified questions. The case (known as the “record”) includes an appellate majority opinion and a dissent. The “library” is a closed one. Typically, the record includes twenty opinions that students can rely upon for their arguments. Rules allow them to refer to cases cited in the cases directly included in the record. However, they can only rely on these cases within cases to the degree that they were used by the authorities directly in the record. All teams competing in ACMA-sponsored events will argue the same case. ACMA students have engaged in oral argument on issues such as same-sex marriage, national health care, privacy under the 4th Amendment, life terms for minors who are not guilty of murder or attempted murder, freedom of religion, a federal ban on firearms on school grounds, and warrantless domestic wiretapping of suspected terrorists. Cases are written by the ACMA. The case problem is released on the ACMA website by May 1 of each year.


Undergraduate moot court teams consist of two oral advocates. The advocates are responsible for knowing both issues – but typically are only asked about one certified question. Each team will receive 20 minutes to argue its case, and each advocate must speak for a minimum of seven minutes. Teams are judged on their forensics, knowledge of the law, demeanor, and ability to answer questions from the bench.


Good judges are the key to a good moot court hearing. Judges are typically lawyers or members of the state or federal bench. At times, law students (especially those with past undergraduate moot court experience) are asked to judge. Past judges at ACMA events have included former US Attorney General John Ashcroft and federal judges Otis Wright and George Schiavelli.


The ACMA also sponsors a brief writing contest. Students are not required to prepare briefs in order to compete for the oral advocacy national title. Teams who enter follow a specific set of rules and compete for prizes. The competition is judged by lawyers and law professors. This competition is named for the late Sandra Knerr, who along with her husband, was a dedicated supporter of intercollegiate moot court.



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.



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.[53] 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.[54] 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.[55] 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.



Scotland


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.


Law schools also take part in UK-wide competitions, such as the Oxford University Press and the English Speaking Union Moot. These moots are UK-wide in participation, but typically follow the style and law of moots in England and Wales. The University of Glasgow reached the semi-final of the English Speaking Union moot in 2008 and the final in 2005. The University of Dundee reached the semi finals of The Oxford University Press moots in 2009.


Judges in Scottish moots are typically legal academics, solicitors, sheriffs, advocates or Senators of the College of Justice.


For Primary and Secondary Schools, the national Scottish Competitions are handled by the School Mock Court Case Project SCIO [56]. During the 2018/2019 academic year the charity ran some 17 projects in Inverness, Aberdeen, Dundee, Edinburgh, Glasgow, Falkirk, Hamilton and Ayr involving circa 100 school and some 3,000 students. These trials are also heard in the Court of Session, High Court and the Sheriff Court



India


Surana and Surana International Attorneys have been conducting various moot competitions from mid 1990s including Surana & Surana International Technology Law Moot Court Competition, Surana & Surana National Corporate Law Moot Court Competition, and Surana & Surana National Trial Advocacy Moot Court Competition.



See also




  • Mock trial

  • Model United Nations


  • Mootness, which has a precise meaning in United States law that is quite different from United Kingdom usage




References





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  55. ^ "Mooting Net - How to Moot II".


  56. ^ www.mockcourt.org.uk




External links











  • Lexcetera: Moot Court Competition dedicated Website.










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