Moot court

Moot court does not involve actual testimony by witnesses, cross-examination, or the presentation of evidence, but is focused solely on the application of the law to a common set of evidentiary assumptions, facts, and clarifications/corrections to which the competitors are introduced.

In larger competitions, teams have to participate in up to ten rounds (not including any domestic or regional qualifiers); the knockout/elimination stages are usually preceded by a number of preliminary rounds to determine seeding (power seeding is often used).

[3][4] International moot competitions are generally targeted at students (including postgraduates) and only allow participants who have not qualified to practice law in any jurisdiction.

Some competitions also limit the number of teams based on geographical location; for instance, for most countries, the Jessup generally only permits one qualifying institution for every ten law schools.

Some competitions, however, such as The European Law Moot Court Competition, Price, Vis, and Vis East, hosted the oral rounds via online platforms such as Zoom and Microsoft Teams.

With international travel still largely restricted late into 2020, all major competitions adopted the virtual format for 2020/21 as well, with some modifying the rules regarding qualification procedures and methods of presentation (such as standing versus sitting, sharing devices, and speaking time).

The basic structure of a moot court competition roughly parallels what would happen in actual appellate practice.

The annual inter-law school National Moot Court Competition, co-sponsored by the New York City Bar Association and the American College of Trial Lawyers, is among the oldest and most prestigious competitions in the United States.

A number of moot court competitions focus on specific areas of law.

[55] Generally the question will surround a subject that is unclear under the present state of the law and for which no direct precedent exists.

It is normal practice for the senior counsel to take on the first point and the junior the second; although this may vary depending upon the exact nature, and necessary length, of the arguments.

Occasionally, an Employment Appeal Tribunal may also be used as a forum for a Scottish civil law moot.