Moot Court

This week I would like to share an awesome UB Law experience.

Moot Court is an inter-school law competition. It involves submitting an appellate brief and making an oral argument on a point of law. There is a hypothetical (but based very much in the real world) legal problem, which both teams research and review. They then write an appellate brief, which is similar to a position paper you might have written in undergrad. Basically, there is a question of law, and you attempt to convince the court why they should adopt your position. The oral argument is based off the same problem, but is performed before a panel of judges. It is most certainly not a speech, however, but more on that later.

The University of Baltimore is very actively involved in Moot Court. We have a ton of teams, and unofficially the most students out of any law school. Also, our teams do very well.

Moot court, however, is an extra activity outside of school. While it looks good on resume, it also is a lot of work. This is my experience.

First of all, the problem is released. About two weeks later, the brief is due. The problem set out a fact pattern, and an issue of law. For the try out, it was a closed problem, meaning the only authority (sources) you can use are the seven cases pre-selected for you. While this makes the problem much more manageable (NO RESEARCH!!!!) it also makes it more difficult. With a closed problem, the cases that support your position are from other jurisdictions or lower courts, and the ones from the highest courts in your jurisdiction generally don't support your cause.

After reading the 7 cases about 15 times, I was ready to write. The brief has a page limit of 6 pages, but in total I wrote approximately 20. Seriously. I can't tell you how many times I wrote a paragraph or two, then completely deleted it and re-wrote it, only to repeat the process an hour later. That is the thing about legal writing. Professor Warnken, whom the Moot Court competition is named for, says over and over, "There is no good legal writing, only good legal re-writing." I can tell you that I spent a solid 8 straight hours in front of a computer in the law library working on my final draft.

Then the draft gets submitted, and it is oral argument time. For oral argument, you basically make the same points as in your brief, but vocally to a panel of three judges. There is a strict 10 minute time limit, which sounds like forever, but in reality you spend more time trying to cut your argument DOWN.

Additionally, the judges (for the moot competition, you get UIB alums who are either practicing lawyers or real judges) interrupt you at any time with questions. Seriously, you will be mid sentence, and a judge will blurt out some random question. As soon as you see his or her mouth move, you have to shut up. Then, you are left trying to figure out a way to not only answer the question, but support your case, and use the relevant authority to do so. And the clock is ticking.

There are horror stories too. Some judges consider this a chance to haze you, by harassing you with impossible questions. One of my Law Scholars (basically a TA for law school) told us she cursed under her breath, but into the microphone, burst into tears, and ran from the room. Two years ago, a girl passed out. Guys' voices routinely crack like they are 12 years old.

So all this stress, and for what? Well, for one, I wrote a 6 page brief that I am proud of. The arguments are tight. The cases are relevant. The citations are accurate. It LOOKS nice. I would show it to a prospective employer. And as for the oral argument, let me tell you, when someone who a legal career towering over yours says, "It was exciting that you worked that case into your answer," well, I don't really know many other things that top that. I was so hoped up on adrenaline that one of my classmates I bumped into after admonished me to relax.

It is a time to really buckle down, work hard, but take serious pride in your work. In school, you always work hard, but most of it is so ephemeral. You hand it in, get feedback and a grade, but by the time it comes back to you, you have already moved on. Not this. I feel like I have done something worth while, that I have done work to be proud of, to take with me.

The unfortunate reality of moot court, is that there are slightly over 100 of us competing for about 50 spots. So more than half of us are going to have nothing to show for our efforts.

Not me though. Wether I get placed on a team or not, I will always know that I did something I am proud of.