What is "moot court"

Moot \Moot\, n. [AS. m[=o]t, gem[=o]t, a meeting; -- usually in comp.] [Written also mote.]

1. A meeting for discussion and deliberation; esp., a meeting of the people of a village or district, in Anglo-Saxon times, for the discussion and settlement of matters of common interest; -- usually in composition; as, folk-moot.
   --J. R. Green.

2. [From Moot, v.] A discussion or debate; especially, a discussion of fictitious causes by way of practice.

   The pleading used in courts and chancery called moots.
   --Sir T. Elyot.

   Moot case, a case or question to be mooted; a disputable case; an unsettled question.
   --Dryden.

   Moot court, a mock court, such as is held by students of law for practicing the conduct of law cases.

   Moot point, a point or question to be debated; a doubtful question.

   to make moot v. t. to render moot[2]; to moot[3].

n. 1 (context legal English) In law school, an activity wherein students compete by making arguments with respect to a hypothetical case, or a case that has already been decided by an actual court. 2 (context legal English) A law school organization which organizes such competitions and prepares competitors.

n. a mock court where law students argue hypothetical cases

A moot court is an extracurricular activity at many law schools in which participants take part in simulated court proceedings, which usually involves drafting memorials or memoranda and participating in oral argument. The term "moot" traces its origins to Anglo-Saxon times, when a moot (gemōt) was a gathering of prominent men in a locality to discuss matters of local importance. The modern activity differs from a mock trial, as moot court usually refers to a simulated appellate court or arbitral case, while a mock trial usually refers to a simulated jury trial or bench trial. 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 and facts to which the competitors must be introduced. In most countries, the phrase "a moot court" may be shortened to simply "a moot" and the activity may be called "mooting". Participants are either referred to as "mooters" or "mooties".

Moot court and law review are the two key extracurricular activities in many law schools. Students typically spend a semester researching and writing the memorials, and another semester practicing their oral arguments. Whereas domestic moot court competitions tend to focus on municipal law such as criminal law or contract law, regional and international moot competitions tend to focus on subjects such as public international law, international human rights law, international humanitarian law, international criminal law, international trade law, international maritime law, international commercial arbitration, and foreign direct investment arbitration. Procedural issues pertaining to jurisdiction, standing, and choice of law are also occasionally engaged, especially in the arbitration moots.

In most moot competitions, each side is represented by two speakers (though the entire team composition is usually larger) and a third member, typically known as the of counsel, may be seated with the speakers. Each speaker usually speaks between 10 and 20 minutes, covering two to three issues. After the main submissions are completed, there will usually be a short round of rebuttal and surebuttal. Depending on the format of the moot, there may be one or two rounds of rebuttal and surebuttal. In larger competitions, teams have to speak in up to ten rounds. The knockout stages are usually preceded by a number of preliminary rounds to determine seeding. Teams almost always have to switch sides throughout the course of the competition. The scores of the written submissions are taken into consideration for most competitions to determine qualification and seeding, and sometimes even up to a particular knockout stage.