A moot court is an extracurricular activity in which participants take part in simulated
court proceedings, usually to include drafting briefs and participating in oral argument. The term derives
from Anglo Saxon times, when a moot was a gathering of prominent men in a locality to discuss matters of
local importance. The modern activity differs from a “Moot Trial”, as moot court usually refers to a
simulated appellate court or arbitral case, while a “Moot Trial” usually refers to a simulated jury trial or
bench trial. Moot court does not involve actual testimony by witnesses or the presentation of evidence, but
is focused solely on the application of the law to a common set of evidentiary assumptions to which the
competitors must be introduced.
Moot court helps students learn to analyze legal issues. Its larger purpose is to teach students the practical side of practicing law. Typically, law students are given a detailed hypothetical fact scenario that raises one or more legal issues. Often these fact patterns are based on real cases on appeal to a state’s highest court or the Supreme Court. Students choose or are assigned the position on the issue to be argued. They then conduct legal research, finding statutes, regulations, and case law that both support their position and detract from it. An important part of the Moot Court process is to teach students to overcome legal authority (statutes, regulations, and cases) that cuts against their position.