A Moot Court Handbook
Edited By Paul I. Weizer
Appendix Ten: Sample Moot Court Cases
Sample Moot Court Cases
Paul Weizer and Lewis Ringel
What follows are sample cases used in actual moot court proceedings. Cases can be presented in a variety of forms. All will contain a fact pattern as well as a procedural history relating how this case has reached the Supreme Court. From there, the presentation regarding the law may be presented in any number of ways.
The first case, DeNolf v. Olympus State University, was used as the national tournament case in 2003-04. The entire hypothetical is presented as a Circuit Court opinion. The majority explains its rationale followed by a dissent, which does the same. Appended is a list of all allowable cases as well as the text of the relevant laws in question.
The second case, Gusmano v. Bryant, was written by one of the authors for use in a classroom simulation. Rather than presenting the law in an Appeals Court opinion, this method introduces the law through sample appellate briefs submitted to the Supreme Court.
Regardless of how the hypothetical is presented, it is critical that the facts as well as the law be fair and balanced. Neither side should be advantaged nor disadvantaged by things out of their control. Since students are rarely, if ever, allowed to choose their side in a case, the more even handedly the case is written, the better. In tournament competition, students are required to argue...
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