Law: Moot Draft

February 29, 2008

The last few days I have been working to finish up my moot court brief.  I confess, the brief was not my best work, but it wasn’t bad (as far as I know).  I argued why waiving your lawyer doesn’t then entitle you to a legal right to access legal research and use the internet at the taxpayer’s expense.  We’ll see how the comment look when I get them back.

 One thing because clear to me from this brief writing exercise – briefing as all about redundancy.  I cannot think of how many different times I thought “I’m really just reframing the same argument.”

We’ll see how it goes over with my prof. 

Anyway, the point of today’s post is – why moot court?  I undertand that we are generally expected to understand the litigation process, but why moot court?  This seems like an outdated throwback to the days when all lawyers were generalists.  Memo writing teaches us the basics of legal research, I get that.  This assignment seems a lot like more of the same. 

Wouldn’t drafting something much more useful (perhaps a contract or something similar) be much more effective?  Better yet, instead of one big assigment, what if we completed smaller assignments from various first year courses?  It just seems like this “learn to brief ” idea is really similar to learning to memo and very litigation-centric.

Thoughts?

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One Response to “Law: Moot Draft”

  1. enjolie said

    As a fellow first year law student, I couldn’t agree more. In fact, about half my law school posts are about moot court, and recently I wrote a post addressing the out-dated effectiveness of the socratic method (which speaks to some of the topics in your post).

    I know it’s kind of weird for a stranger to be posting in your blog, but WordPress has you featured under “law school” tags, so I thought I’d check out your blog.

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