Moot Courts
Objectives
Mooting is an academic exercise which requires students to play the role of lawyers in mock court proceedings by presenting arguments on a hypothetical set of facts in front of a tribunal constituted by renown professional specialized in the subject matters of the case. The students will be working in teams of four, preparing together the written submissions for both sides of the dispute and litigating orally in sub-groups of two in the defense of one party, facing sub-groups representing other teams. Each side has a set time to present its legal arguments and answer questions asked by the judge(s).
Moot Courts constitute an experimental constructivist learning methodology based on problem solving leading to a real "immersion" of the student in the area of law on which the case is focused and the transversal use of subjects from different branches of law and even from different legal systems. Mooting is a great way to experience advocacy first hand and it serves as an intellectual challenge and encouragement to develop autonomous research and analysis capacities, as well as writing and public speaking.
Moot courts serve multiple purposes:
1. They allow a direct contact with a simulated judiciary experience;
2. They connect the law in the books and the law in action through litigation in a simulated trial case;
3. They integrate and articulate in a real context legal subject-matters learnt in several courses.
Students that participate in moot courts improve substantially their legal writing skills, through the drafting of the written memorials, and also their oral skills, through the pleading in simulated judicial proceedings, where they have to answer questions posed by the juries of the case.
General characterization
Code
33155
Credits
4
Responsible teacher
ANA COIMBRA TRIGO, Fabrizio Esposito
Hours
Weekly - 2
Total - 24
Teaching language
Portuguese
Prerequisites
Not Applicable
Bibliography
Bibliography Books
Anthony E. Cassamatis e Peter Billings, Thompson Reuters´ Guide to Mooting , Thomson Reuters, 2016
Christopher Kee, The Art of Argument A Guide to Mooting , Cambridge University Press, 2007
David Pope e Dan Hill, Mooting and Advocacy Skills , 3.ª Edição, Sweet & Maxwell, 2015
Eckart Brödermann, UNIDROIT principles of international commercial contracts: an article-by-article commentary, First edition., Nomos, Baden-Baden, 2018
Eric Baskin, Mooting The Definitive Guide , Routledge, 2017
Emir Crowne, Mohammed Hashim e Shelley Kierstead, The Essential Guide to Mooting. A Handbook for Law Students, Irwin Law, 2010
Francisco Pereira Coutinho, Moot Courts, Almedina, 2017
Ingeborg Schwenzer, Commentary on the UN Convention on the International Sale of Goods (CISG) Fourth edition., Oxford University Press, Oxford, United Kingdom.2016
Ingeborg Schwenzer et al., Current issues in the CISG and arbitration, Eleven International Publishing, The Hague, The Netherlands.2014
Ingeborg Schwenzer et al, International sales law: a guide to the CISG Third edition. Hart Publishing, Oxford, UK.2019
Ingeborg Schwenzer, et al., Global sales and contract law First edition. Oxford University Press, Oxford.2012
Janet Walker, The Vis Book A Participant´s Guide to the Willem C. Vis International Commercial Arbitration Moot , Juris Publishing, 2008
Jeffrey Hill, A Practical Guide to Mooting , Palgrave MacMillan, 2009
John Korzen, Make Your Argument: succeeding in moot court and mock trial , Kaplan, 2010
John Snape e Gary Watt, How to Moot: A student guide to mooting , 2.ª Edição, Oxford University Press, 2004
Markus Altenkirch et al., The Complete (But Unofficial) Guide to the Willem C. Vis International Commercial Arbitration Moot , 2.ª Edição, CH Beck, Hart & Nomos, 2014
Markus Altenkirch et al., The complete but unofficial guide to the Willem C. Vis International Commercial Arbitration Moot Fourth edition., C.H. Beck, Mu+nchen, Germany, 2017
Margaret Louise Ross e Michael Hammon, The Student Guide to Mooting , Dundee University Press, 2010
Megan Spillane, International Law Moot Court: an introduction , Idebate Press, 2008
Paul I. Weizer (ed.), How to Please the Court A Moot Court Handbook , Peter Lang, 2004
Peter Binder, International commercial arbitration and mediation in UNCITRAL model law jurisdictions, Fourth edition., KLUWER LAW INTERNATIONAL, [S.l.]. 2019
Sarah L. Cooper e Scarlett McArdle, Preparing to Moot A Step-by-Step Guide to Mooting , Routledge, 2017
Suzianne D. Painter-Thorne e Karen J. Sneddon, Moot Court Workbook: finding educational success and competition glory , Wolters Kluwer, 2017
Articles
Bruna Corby et al., An Inside View on the Biggest Competition of International Commercial Arbitration, Young Arbitration Review , April, 2018, pp. 15-19
Eric E. Bersen, Experimental Education Through the Vis Moot, Journal of Law & Commerce , 34, 1, 2015, pp. 1-15
Gerald Lebovits, Drew Gewuerz e Christopher Hunker, Winning the Moot Court Oral Argument: A Guide for Intramural and Intermural Moot Court Competition, Capitol University Law Review , 41, 2012, pp. 887-942
Others
Center for International Legal Education , A Guide to the Willem C. Vis International Commercial Arbitration Moot , University of Pittsburgh School of Law, 2013, disponível em https://vistrainingmaterials.files.wordpress.com/2014/09/cile-cldp-vis-moot-manual.pdf (consultado a 19 de janeiro de 2019)
Teaching method
Through tutorial guidance, the Professor, in addition to explaining at an early stage what moot courts are and how they work, and in particular the Willem C. Vis International Commercial Arbitration Moot, guides the students in the preparation of the written memorials. The Professor will explain the fundamental legal issues of the case and the main techniques of legal drafting. In the following weeks the students will be also provided orientation on how to prepare for the trial simulations which will take place in the last week of the semester.
Evaluation method
This course follows a system of continuous evaluation. In groups of four students have to draft a written memorial and litigate in several simulated court trials.
The assessment methodologies include:
1. Written pleadings (50%);
2. Oral pleadings (50%).
Subject matter
1. Introduction to moot courts.
2. Drafting of written memoranda.
3. Preparation of oral pleadings.
4. Simulation of judicial proceedings.