Designing a Moot Court: What to Do, What Not to Do, and Suggestions for How to Do It

Abstract

Educators often use role-playing exercises that involve problem based learning in their courses to improve their students' critical and analytical skills, introduce them to new ways of thinking, increase interaction with their fellow students, and to enhance student interest in course lessons and materials (Greening 1998; Albanese 1993; Hensley 1993).A popular role playing simulation is moot court (Deardoff and Aliotta 2003; Guiliuzza 1991). Moot courts are academic simulations of appellate advocacy that educate students about the law and the judicial process. Students, acting as lawyers or judges, “try” a case before an appellate court.2 In addition to acting as lawyers or judges, students are assigned to serve as “law clerks, reporters, or amicus brief writers” (Knerr and Sommerman 2001, 4). Moot court is an extremely fluid pedagogical tool which can be used for more than learning about the law or the judicial process. It has been used in a variety of disciplines including political science, media, history, journalism, sociology, art, economics, business, and the life sciences to educate students about a variety of subjects such as history, journalistic rights, anti-trust laws, or professional ethics (Carlson and Skaggs 2000; Dhooge 1999; Bentley 1996).