Frequently Asked Questions
Although participants may submit written questions regarding the Competition to the Moot Court Board, the following is a list of questions commonly asked during previous competitions.
- Will participants be allowed to see the brief and oral argument scoring sheets?
- Some of the cases cited in the Bibliography were not included in the packet. Are we supposed to use them anyway?
- How should cases be cited?
- How should we cite to the record of the case?
- As a practical matter, of what value are lower court opinions on appeal to the United States Supreme Court?
- Is it permissible to make arguments in the oral rounds that were not included in the brief?
- How are the disparities in judging the oral rounds accounted for?
- How should the teams break up the time allotted for oral argument?
- How long does the brief have to be?
- What does "off-brief" mean?
- Should we be prepared to answer questions about cases not mentioned in either our brief or our opponent's brief?
- Do we need to have all seven copies of the brief bound?
- What should I do if a judge asks me a question in oral argument that my partner plans to address during their portion of the argument? Can my partner jump in and answer the question? If so, does that mean we can split up our arguments: 4 minutes for my partner, 4 minutes for me (when it is my turn to argue) and then the same allocation when it is my partner’s turn to argue?
Q: Will participants be allowed to see the brief and oral argument scoring sheets?
A: The brief and oral argument scoring sheets will be available to participants after the completion of ALL THE ROUNDS (including the final round).
Q: Some of the cases cited in the Bibliography were not included in the packet. Are we supposed to use them anyway?
A: Not all cases cited in the problem are in your packet. These other cases may be useful to you, and you would be wise to consult them.
Q: How should cases be cited?
A: All cases should be cited according to proper Bluebook form.
Q: How should we cite to the record of the case?
A: There is no record available to you for this case. Instead, the facts are presented in the District Court opinion. The first alternative is to use proper Bluebook form for the District Court's slip opinion. The second alternative is to use a uniform system of parenthetical citations which refers to the District Court opinion such as (D.Ct. at 5). Either of these forms of citation is fine so long as the citation is clear and you use it consistently.
Q: As a practical matter, of what value are lower court opinions on appeal to the United States Supreme Court?
A: Although lower court opinions are not binding on the United States Supreme Court, they can be very persuasive and can provide a mode of analysis that the Court may wish to adopt. It is always helpful to cite to these opinions indicating which analysis is better and why.
Q: Is it permissible to make arguments in the oral rounds that were not included in the brief?
A: Yes, you may make any oral argument.
Q: How are the disparities in judging the oral rounds accounted for?
A: Although each judge will inevitably bring some subjectivity to the problem, all judges have been instructed on the grading system to provide as much uniformity as possible. In order to alleviate a wide disparity in scoring, however, each competitor's high and low oral scores and the remaining scores averaged for the overall oral score.
Q: How should the teams break up the time allotted for oral argument?
A: Each team has twenty minutes for oral argument and it may be divided any way you chose, so long as each participant provides at least 8 minutes of oral argument. Petitioners should remember, however, to reserve some of their time for rebuttal.
Q: How long does the brief have to be?
A: The 25 page limit is for the ARGUMENT section. The table of contents, table of authorities, and the statement of jurisdiction should be numbered with small Roman numerals (i, ii, iii...). Begin numbering with Arabic numerals at the statement of issues section (1,2,3...). See the Vanderbilt Appellate Advocacy Handbook on reserve in the library, and Rule 8 of the competition rules.
Q: What does "off-brief" mean?
A: During the off-brief rounds, competitors argue the opposite side of the one they were originally assigned. Therefore, all of the original petitioners will argue as the respondents. All of the original respondents will argue as the petitioners. You do not turn in another brief for this round. Historically, many competitors study a few briefs written by the opposite side to help prepare for the off-brief round. Every team's brief will be placed on reserve in the library.
Q: Should we be prepared to answer questions about cases not mentioned in either our brief or our opponent's brief?
A: You can make any oral arguments, even those not briefed. Thus, it is possible for opponents to make arguments using cases not briefed, and it possible for judges to ask you questions about cases that were not in your brief.
Q: Do we need to have all seven copies of the brief bound?
A: A staple in the upper left-hand corner of the brief is sufficient binding. You do NOT have to have your brief professionally bound (although, many competitors in the past have preferred to have their briefs bound. If you would prefer professional binding, you may pick which kind: spiral, flat edge, etc.)
Q: What should I do if a judge asks me a question in oral argument that my partner plans to address during their portion of the argument? Can my partner jump in and answer the question? If so, does that mean we can split up our arguments: 4 minutes for my partner, 4 minutes for me (when it is my turn to argue) and then the same allocation when it is my partner’s turn to argue?
A: When it is your turn to argue (for example, Respondents turn to argue), one team member must argue their full argument (8-10 minutes) and then the other team member will argue their full time (8-10 minutes). Your partner cannot jump in during your argument. (For Petitioners, this does not include the 2 minutes of time that may be reserved for rebuttal). If a judge asks you a question regarding something your partner plans to address, you may want to answer the question briefly and inform the judge that your partner will address the argument more fully.
Also, remember that each team has a total of 20 minutes to argue, but that each partner must argue a minimum of 8 minutes. For petitioners, you will probably want to reserve 2 minutes of your time for rebuttal. For example, for Petitioners, the first person may argue 8 minutes initially, then the second team member will argue 10 minutes, and the first team member will argue the 2 minute rebuttal.