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How to Please the Court

A Moot Court Handbook

Series:

Edited By Paul I. Weizer

Designed for anyone who has an interest in using moot court simulations as an educational exercise, How to Please the Court brings together prominent moot court faculty who share their collective years of experience in building a successful moot court program. Touching on all aspects of the moot court experience, this book guides the reader through conducting legal research, the structure of an oral argument, the tournament experience, and the successes and rewards of competition.
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Appendix Ten: Sample Moot Court Cases

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APPENDIX TEN

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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