14.7 SUMMARY
Even though moot court competitions do not replicate the practice of law, participating gives you practice in collaboration and decision making as well as in legal writing and oral argument.
Take full advantage of the learning opportunities that the competition presents, and remember that you need three things to win: a good brief, good oral arguments, and good luck. I hope this chapter helps you with the good briefs and oral arguments; the good luck is up to you.
Chapter Fourteen Review
1. Familiarize yourself with the rules of your competition; presume that you are allowed no help during the brief-writing process. 2. Make sure you understand all formatting and filing requirements early in the writing process. 3. Work together on researching all of the issues, and then brainstorm on your arguments before dividing up the work. 4. After initial research, review the record carefully for missing information or inconsistencies so you can seek guidance as needed from the competition administrator. 5. While you are writing the brief, hold some internal moots (just the team members asking each other questions) to flesh out the arguments and the research. 6. While you are writing the brief, schedule the post-brief practice arguments so that you fit in as many practices as you can. 7. In all practice arguments, write down all of your questions so you can identify common questions and work on the most effective answers for all questions. 8. Use knowledge of tough questions and of law and facts to prep for cold courts and for opponent misstatements of law and facts. 9. Use a speaking style that’s effective, making sure to a. maintain eye contact; b. speak loudly enough to be heard; c. listen when the court asks questions; d. answer questions directly (“yes but,” “no but,” “yes and,” “no and”); e. support answers with references to specific law and/or facts”; and f. move smoothly from your answer back into your argument. 10. Adjust your conclusion based on what’s happening when your time ends. Never talk after the stop card without first asking permission to continue. 11. Interact professionally with the court and your opponents before, during, and after the argument.
1See also Sanford N. Greenberg, Appellate Advocacy Competitions: Let’s Loosen Some Restrictions on Faculty Assistance, 49 J. Legal Educ. 545, 555 (1999). 2William H. Rehnquist, From Webster to Word-Processing: The Ascendance of the Appellate Brief, 1 J. App. Prac. & Process 1, 5 (1999).