About a month ago, the 2022-2023 NCFCA Moot Court packet dropped- an edited version of the college Moot Court (AMCA) packet from five years ago. Many experienced mooters immediately dove into the packet, hoping to analyze it with their friends. But for others, the packet is big and terrifying: 23 pages of daunting legal material.
Where do you even start?
Before you blindly crack open the packet and begin to frantically and haphazardly read through it, read through the following guide.
First, start at the very front of the case packet. There are two questions plastered on the opening section: (1) whether the FBME violates Mr. DeNolf’s Fifth Amendment right against self-incrimination; and (2) whether the sentence of solitary confinement violates the cruel and unusual punishment clause of the Eighth Amendment. Don’t worry if you don’t understand anything yet––just read on. Some people come back to the questions, but you want the questions framed in your mind first.
The next step is to read the facts of the record. For most people, this is the easiest section to understand. After all, it’s just storytelling! This year’s case is as follows:
Andrea Sommerville, a 28-year-old woman, was at a club when a 55-year-old real estate agent, named William DeNolf approached her and asked her to dance. When she repeatedly refused his advances and left the club, he followed her. The next morning, she was found dead in her mote, room #417l. Law enforcement apprehended DeNolf and brought him in for questioning. When he did not admit any part in the crime, they brought him to a lab, where technicians administered a neurological test (the FBME). The test involves showing a subject a picture and then reading the brain signals to discover whether you are familiar with what is pictured. In this case, DeNolf’s brain signaled that he was familiar with room #417. On that basis, DeNolf was convicted and sentenced to 30 years of solitary confinement, where he must stay in a small 7’x14’ room for up to 30 consecutive days.
After you’ve read the facts, look back at the questions and consider them once more. Then dive into the case. First read the majority opinion. It’s what the respondent will use in round. Next, read the dissenting opinion. That’s what the petitioner will use in round. Take some notes, figuring out what the justices of the state court are saying. These arguments may be your arguments this year!
Finally, turn to the appendix. This one is more difficult. But pause for a second. Before you blindly fly into the packet, control+f for the case you’re about to be reading. See what the justices say about that case. Then read the case for yourself. Do you agree with their reading? Did they miss some things in the case? Take more notes, particularly commenting on things that would be helpful for petitioner or helpful for respondent.
Okay, now take a deep breath. If that was a lot, don’t worry. The best thing is––the opening “research” is the most intense part of the activity. Everything gets easier from there.
If you’re looking for help, we’ve made several resources available to you at a reasonable price. I’ve written a comprehensive Moot Court guide that explains everything about Moot Court. It starts at the basics, but it ends up with the most advanced strategies. It discusses how to write compelling cases using one of the three national-level strategies. It discusses how to deliver round-winning rebuttals. It discusses what separates a boring and confusing introduction with the kind of introductions that win you collegiate trophies. It has everything you need to know to succeed. AND it’s only $15. If you’re looking for even more help, the entire camp (video series) Blackstone just ran is available for purchase as well. Go to the SHOP now to purchase.
We’re here to help you succeed. God bless your efforts this season!
Ethan Tong is one of the Lasting Impact! Coaches. Schedule a meeting with him to prepare for your season.
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