What is Mooting?

Mooting is traditionally a law school extracurricular, but it is increasingly being introduced at the undergraduate level.
 

Moot court is a simulation of an appeal court proceeding wherein participants present oral arguments before a panel of judges. Judges may interrupt mooters with questions to assess their legal reasoning, and participants are expected to respond to each one.

An appeal is a legal process of asking a higher court to reverse the decision made by a lower court. This appeal is initiated by the appellant who believes the trial judge erred in their verdict. The respondent responds to the appellant, advocating to uphold the lower courts decision.

Mooters moot cases that have made their way to the Supreme Court of Canada, though, on a rare occasion some schools may choose to have mooters moot a case from the Court of Appeal from any province in Canada.

Constitutional, administrative and criminal law are the types of law we tend to moot most often.

What's the Difference

Mooting and Mock trials may seem very similar, but there are some key differences you should be aware of.

Mooting

  • Appellate level advocacy
  • Attorneys, and a panel of judges
  • Appellant presents their legal arguments first, followed by the respondents. They present while responding to questions from the judges who then deliver a verdict
  • Question the participants about their arguments and challenge their legal reasoning

Mock Trials

  • Trial level advocacy
  • Defense attorney, prosecution attorney, witnesses, judges
  • Opening statements, direct examination, cross-examination, and closing arguments. Objections, and introducing evidence
  • Maintain court order and make rulings on objections

How does Mooting Work?

A mooting team consists of two members who represent either the appellant or respondent side.

Teams receive cases—often from the Supreme Court of Canada—and must present oral arguments in a timed 7-minute session.

The goal is to persuasively argue whether a case should be appealed based on an alleged legal error.

Submissions are made before judges who may interrupt at any time with questions that must be answered directly and confidently.