Purpose: Prepare and deliver an argument to explain how you will vote on the proposed bill or Constitutional amendment, and explain how you decided how to vote.

Teacher Note: Street Law’s Landmark Cases program was the inspiration for the structure of this approach to moot court. If you need additional assistance in conducting a Moot Court in your classroom, consult this guide from Street Law, Inc.

Directions:

1. Preparation for the moot court varies, based on your students’ background knowledge and experience, but generally takes about 3 class periods, plus one period to conduct the hearing.
2. Describe to students what a Supreme Court argument looks like. Use C-SPAN’s Supreme Court website to play a brief excerpt of an oral argument from one of the court’s recent cases.
3. Give students the moot court outline (included below). Explain that this is a guideline to help them write a persuasive argument to support one side of the case. The formal language used in Supreme Court hearings is provided to help students write in that style.
4. Students write a formal argument, using the outline, for the petitioners. Then, the next class period or for homework, write the argument for the respondents. By writing both sides of the case, students understand both sides and can participate effectively in the moot court. 
   1. For more depth and detail, have students research precedents related to this case, using the precedent outline and the precedent chart (scroll down) to help students organize their notes about precedent cases. Students can read about one of the following precedents and complete the entire precedent outline for it, then share the key points with others in a jigsaw group activity, during which all students complete the precedent chart so they know the basics of all four cases.
5. On the day of the moot court, require students to come prepared with both arguments written. This is their “ticket” to participate in the moot court.
6. Randomly select students to be judges and attorneys representing the petitioners and the respondents. Select an odd number of judges to their is no tie vote.
7. Conduct the moot court. The team representing the petitioner should start with their argument in about 5 minutes, including questions from the judges. Then the respondent has the same amount of time to present its argument and answer judges’ questions. Finally, the petitioner has an opportunity to rebut anything said during the respondent’s argument. The judges then deliberate and vote, and explain their ruling and precedent.

Moot Court Outline: Petitioners and Respondents: follow these guidelines:

1. “Mr. Chief Justice, may it please the court” 
2. Explain the basic facts of the case
   1. What happened? Why? When? Where? Who? 
3.  “This case is about ____________________”
   1. What does your side think the key issue in this case really is?
   2. What is the Constitutional question in the case?
4. The _________________ Amendment’s purpose is to…(explain the purpose of the Amendment and how your side of the case supports that purpose)
5. “We ask that the court rule that _________”
   1. Tell them exactly what you want. Should they rule a law unconstitutional?
6. “Our position is supported by the following precedents
   1. In the case of _____ vs. ______, this court ruled that _________. This precedent is similar to/different from our case because _________. 
   2. In the case of _____ vs. ______, this court ruled that _________. This precedent is similar to/different from our case because _________. 
   3. Explain other precedents that you want applied in this case, or precedents that you think should be overruled, or precedents you think should not be applied in this case, and why.
7. “In conclusion, Your Honor, we ask that the court rules ____________________ because… (explain why this is important, how the ruling will affect Americans’ lives, our rights, our society, or the future.)
8. Thank you, Your Honor.

Precedent Outline:

Case: _______________________ v _________________________

Year:_______

• Facts of the case (describe what happened that led up to the case): 
• Precedent set (“the court held that…” or “the court ruled that…”)
• Important quotes from the case:
• How similar are the facts in the precedent to the facts in our case? 
  • Precedent Case: different facts: 
  • Similarities between the two cases: 
  • Our case: different facts: 

How would each side in our case use this precedent?

• The petitioner (__________________) would say that this precedent is similar to/ different from this case (circle one). 
  • Details about both cases to support this conclusion:
  • Therefore, the petitioner would argue that this precedent should be (choose one)
    • Applied to this case because they are so similar
    • Not applied to this case because they are so different
    • Overturned because it is fundamentally wrong and has led to serious problems in our society or justice system (explain what is wrong with it and what problems it has caused)
• The respondent  (__________________) would say that this precedent is similar to/ different from this case (circle one). 
  • Details about both cases to support this conclusion:
  • Therefore, the respondent would argue that this precedent should be (choose one)
    • Applied to this case because they are so similar
    • Not applied to this case because they are so different
    • Overturned because it is fundamentally wrong and has led to serious problems in our society or justice system (explain what is wrong with it and what problems it has caused)

Precedent Chart:

Precedents before _______________________ vs ________________________

Case and Year	Basic Facts	Precedent Set	Which side does this precedent support?