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).