Prepping for Moot Court in the Preseason: Do I Really Have to Start Now? By: Hannah Cavanaugh

“By failing to prepare, you are preparing to fail.” This popular quote from Benjamin Franklin is one that I often heard parroted at me by coaches throughout the years, always immediately followed by an instruction to start working on my speeches and debate cases much sooner than I would have liked. At the time, I felt like it wasn’t that helpful to start in the summer, after all, the same materials would still waiting in the fall. While I don’t like to admit that I’m wrong, I was definitely wrong; getting a head start on preparation during the summer has proven to be invaluable in my experience, especially when preparing for Moot Court. Getting a head start on the extensive reading and analysis only helps you. However, figuring out where to start is difficult, should you read the Supreme Court cases first? Or the facts? When should you start writing your cases?

Here are a few tips on jump-starting your season a few months in advance:

Step 1 – Read the Packet

I know this sounds obvious, but it is the first step you need to take to start the process. Don’t just skim the packet either, actually read and comprehend it. One of my favorite ways to make sure that I’m really absorbing the packet is to read it and take notes on my initial thoughts, possible arguments, weird or silly things that are included, etc. This method ensures that I am thinking critically about the packet as well as reading it, which, in my experience, makes it much easier to remember the interesting or pertinent facts in round. This step is crucial because what sets apart good teams from great teams is knowing the facts in and out. Without a thorough understanding of the record, you can’t effectively refute arguments or apply case law, and you certainly will not be able to get past a judge who has read the packet. 

Step 2 – Read the Cases

Also obvious, but necessary. These are going to be the major parts of your argument, so I would suggest reading every single case in the packet. I know this is a lot of reading, but split it up into a couple of pages a day and it really is not that much. However, same as the packet, you can’t just read the cases, you need to understand them. My favorite method to make sure I can understand what the cases say (which is really hard sometimes) is to make FIHRRs first. FIHRR stands for Fact, Issue, Holding, Reasoning, and Rule, and these are just the essential parts of each case that help you get a basic understanding of what the justices were saying before jumping into thoroughly reading the opinion itself. After you collect those details, read through each case and take notes on any interesting arguments that you notice and quotes that you think might help you on either side.

Step 3 – Craft Your Arguments

I know that it is the preseason, but getting started on creating your petitioner and respondent cases now will set you up for success by the first tournament. Now that you’ve made it through the packet and all of the cases, you should have a good idea of what arguments you want to make on each side. Use those notes you took on the packet and the cases to build your arguments, ideally incorporating cases in your facts as well as some from the footnotes. The next step that I would consider to be part of the argument-crafting process is getting questioned by your partner, a parent, or ideally a coach. You shouldn’t know for sure that you want to run these arguments in a tournament until you’ve had to stand up and defend them against someone who also knows and understands the packet. Once you’ve gotten some feedback and filled the holes that will inevitably exist, you should be ready for the season!

While preparation looks different from person to person, these are the most consistent ways that I have found success in getting my Moot Court prep started early. 

Lasting Impact! is offering a Moot Court Camp! Hannah Cavanaugh will be one of the coaches! Join Hannah along with Ethan Tong, Patrick McDonald, and Jason Chiyadi. In addition to the TWO Moot Camps, Lasting Impact! will be offering Moot Club. Head to the SHOP and sign up for the CAMPS or the CLUBS. https://lastingimpact.info/shop/