Moot Court Instructions

MOOT COURT
at
AUBURN UNIVERSITY

General Instructions

JUSTICES (10-13 pages)

1) Determine how your justice has voted on similar issues in the past
2) Your opinion must be consistent with that view, to the extent that you can determine it.
3) You assume that you are writing the majority opinion – thus, "the court holds," "the court believes"
4) Opinion may follow this outline:

BRIEF restatement of facts
Present constitutional questions to be addressed (assigned questions on moot court handout sheet).
Analyze those questions IN LIGHT OF CONSTITUTIONAL PRECEDENT. As often as possible, refer to other Supreme Court precedents, then go to U.S. Courts of Appeal. Decisions from U.S. District courts should be cited sparingly. With rare exception, state courts of last resort are not appropriate as sources of legal authority in Supreme Court cases.
You must discuss all assigned questions.
Conclude your opinion by affirming or reversing the lower court opinion
FOR THE LAST HALF OF YOUR LAST PAGE, YOU MAY STEP "OUT OF CHARACTER" AND SAY HOW YOU WOULD HAVE RULED IF YOU ACTUALLY SAT ON THE SUPREME COURT.

5) At oral arguments, you must come prepared to ask at least 10 questions of both sides. You want them to justify to you why you should vote the way they are hoping you will.

COUNSEL (12-15 pages)

1) Make sure all participate equally in the research
2) Your brief may follow this outline:

BRIEF restatement of facts
Present constitutional questions to be addressed (assigned questions on moot court handout sheet).
Analyze those questions IN LIGHT OF CONSTITUTIONAL PRECEDENT. As often as possible, refer to other Supreme Court precedents, then go to U.S. Courts of Appeal. Decisions from U.S. District courts should be cited sparingly. With rare exception, state courts of last resort are not appropriate as sources of legal authority in Supreme Court cases.
You must discuss all assigned questions.
Conclude your brief by urging the Court to affirm or reverse the lower court opinion.

3) Oral arguments will run 30 minutes to each side. Prepare your presentation accordingly. All who want to participate on your team should be given the opportunity.
4) I recommend you prepare two versions of your oral arguments: A) the "dance mix" version to be used in the unlikely event that the Justices do not ask many questions and B) a briefer version which highlights a handful of important points that you must make before you conclude. This will be useful in light of the barrage of questions that will come your way preventing you from following your longer prepared remarks.

AMICUS (12-15 pages)

1) State what organization you are representing
2) Your reasons for wanting to participate as a third party to this case (why is the outcome of this case important to your group?)
3) Your brief may follow this outline:

BRIEF restatement of facts
Present constitutional questions to be addressed (assigned questions on moot court handout sheet).
Analyze those questions IN LIGHT OF CONSTITUTIONAL PRECEDENT. As often as possible, refer to other Supreme Court precedents, then go to U.S. Courts of Appeal. Decisions from U.S. District courts should be cited sparingly. With rare exception, state courts of last resort are not appropriate as sources of legal authority in Supreme Court cases.
You must discuss all assigned questions.
Conclude your brief by urging the Court to affirm or reverse the lower court opinion

Grades are assessed on participation at moot court (for Justices and counsel), clarity and quality of writing, legal reasoning and argumentation within the paper, and proper use and citation of precedents. Late papers are penalized. Plagiarized papers are destroyed (as is your grade).