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Raising the Bar in Your School

by Edward O'Brien

November 1, 2007 |

Three common activities which involve students playing roles in court—mock trials, moot courts, and youth courts—are powerful and formative experiences for high school students. As one student put it, “I will never forget standing up in the moot court and talking before a real judge.”

Mock trials and moot courts both involve students simulating court cases, either fictitious or historical. Youth courts involve students in addressing real-life problems in their schools or communities.

What is the difference between a mock trial and a moot court? A mock trial is an exercise in which students serve as witnesses and attorneys in a civil or criminal trial based on predetermined facts and witness statements. Usually, a real attorney or judge presides over the case. A mock trial might have two teams of students presenting a case in which the defendant, “Joe,” is charged with murder. The participants in the mock trial must decide on a strategy for the case, what witnesses to put on the stand, and in what order. They must decide what questions to ask the witnesses and what to say in their opening and closing statements. They also must decide when to object to a question by the other side.

Steps in a Mock Trial

• Opening statement by each side
• Testimony of witnesses for the plaintiff (civil case) or prosecutor (criminal case)
• Cross-examination of each witness by a defense lawyer
• Testimony of witnesses for the defense
• Cross-examination of each witness by the plaintiff or prosecutor
• Closing statement by each side

Decision by Judge or Jury

In a moot court, students simulate an appellate case— a review of a lower court’s decision in a trial. Students play attorneys representing the two sides of the case and make their legal arguments to a panel of judges— usually played by their fellow students. An appellate case doesn’t focus on witness testimony or other disputes about the facts of a case, but rather on the legal principles involved in the decision. For example, a moot court case might involve the defendant, Joe, appealing his murder conviction because the police had forced him to confess. Rather than looking at the facts surrounding the crime, the moot court arguments would focus on whether or not the police had violated Joe’s constitutional rights. Each side makes their argument to the panel of judges, who may ask questions throughout. In a moot court, students who play attorneys must fashion their arguments, decide which key points to make, and decide how to answer the judges’ questions. Students who play the judges must become familiar with the case and decide what to ask the attorneys.

Steps in a Moot Court

• Argument by the party who is appealing. Judges can ask questions throughout the argument. 
• Argument by the opposing party. Judges can ask questions throughout the argument. 
• Opinion by the judges—either written or delivered orally.

Both mock trials and moot courts can be done at school, in a class or after-school club, or as a competition with another school. They might be part of a student government or other student leadership class. Many states have statewide mock trial or moot court competitions. Attorneys often volunteer to coach teams or sit as judges. Teachers usually play a leading role in facilitating these activities, though students play the leadership roles in arguing or otherwise participating in the actual case.

Students derive many benefits from participating in these activities. Participants can improve their planning and organization skills, their public speaking abilities, their leadership skills, and their persuasive and analytical skills. Students learn some basic law and legal procedures, as well as proper courtroom decorum, including how to dress, how to address a judge, and how to answer a judge’s questions. Students who shine in these activities are often seen as leaders. These activities are also ways for students to explore whether they are interested in a career in the law.

Both mock trials and moot courts teach students how to accept defeat. Losing a trial can help participants analyze their strategy and their case and think back over things they might have done differently. Students, coaches, and attorneys can also work together to keep negative elements out of the competition and make sure that everyone enjoys themselves and has a worthwhile experience.

Youth Courts: Real-World Application

Youth courts, on the other hand, are a way for a school community to deal with real school-related problems. Students accused of minor criminal or school offenses are questioned, defended, and sentenced by their peers. In addition to school-based youth courts, peer courts can be based in the community, at a local school, or at a local court. There are now more than a thousand such courts nationwide.

Most school-based youth courts concentrate on disciplinary offenses that have occurred in school, such as classroom disruption, possession of offensive materials, bullying, and truancy. A few have taken on cases involving the types of criminal behavior that a community-based youth court typically hears. Those courts hear cases that students in youth courts work closely with adults. involve larceny, criminal mischief, vandalism, minor Teachers, attorneys, or school administrators may serve assault, possession of alcohol, minor drug offenses, as facilitators. and truancy. Roles for students in school-based courts All these activities involve young people taking on include judges, jury members, prosecutors, defense at-responsibility and making decisions. When students torneys, and bailiffs. serve as attorneys and witnesses in mock trials, argue an appellate case before a three-judge panel, or serve as prosecutors or defense attorneys in a youth court, they are demonstrating that they are competent decision-

It is my hope that you as a student leader will take this information and explore whether mock trials, moot courts, and youth courts are taking place in your school or community. If they are not, discuss the possibility of starting one of them. Might you and other students propose to the principal or a teacher that these types of participatory activities be initiated or expanded in your school? There are many reasons to do this, but to me the most important is that the students and school will benefit greatly from the activities.

Edward O’Brien (eobrien@streetlaw.org) is executive director of Street Law, Inc., in Silver Spring, MD.

Leadership for Student Activities is a publication of the National Association of Secondary School Principles.

Source: Leadership for Student Activities (Reproduced with permission)

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