Putting the ''Fighting Irish'' into Law School: The Notre Dame Moot Court Teams are Real Contenders

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SKILL SHARPENER

Putting the “Fighting Irish” into Law School: The Notre Dame Moot Court Teams are Real Contenders [by Erica Winter] At Notre Dame Law School, a group of students may be learning their most useful and long-lasting legal skills without a professor in sight. Notre Dame’s Moot Court and Mock Trial

year. The second-year students are split into

National Team, competing on a national

teams are partly run by third-year law stu-

groups of 20 and spend the first semester

level, with an eye towards qualifying for the

dents and supervised by practicing lawyers

competing against each other. They receive

national tournament in New York in early

and judges. Students receive academic credit

a case file that is a modified version of an

February. Then students five and six are the

for participating on one of three teams, which

actual case pending before the United States

Regional Team, competing against schools in

are run more like clinics than classes.

Supreme Court and spend the fall research-

Notre Dame’s designated region.

ing and writing a brief for their side of the “There is no substitute for working through a

case.

Students seven through 10 also compete, but on an entirely different level. These

case and thinking like a lawyer,” says Edward A. Sullivan, III, a Notre Dame alumnus now

Then the second-years present their “Su-

students comprise the Seventh Circuit Team

with the firm Baker & Daniels and one of

preme Court” cases to a panel of team advi-

and argue cases before the actual federal

the moot court team’s supervisors. Sullivan

sors and other law school faculty members,

court of appeals based in Chicago on behalf

practices commercial litigation, constitu-

who ask them questions and score them

of indigent imprisoned clients. This team is

tional law, and school law focusing on rights

based on their presentation skills and the

“not a competition, it’s the real world,” says

of disabled students.

substance of their arguments. The most im-

Sullivan.

portant thing is “what are they saying?” says In addition, if students want to become

Sullivan. A student could be very persuasive

Usually, second-years make it known to the

litigators, during moot court they will use the

and have a great presence, but he also needs

board where their interests lie, says Sullivan;

essential elements of an appellate oral argu-

to use precedent properly, answer questions

the students representing prisoners on their

ment, even though, Sullivan tells students,

well, and advance his client’s case.

appeals want to be there. The Notre Dame students on this “team” write briefs and

“Chances are, as a first-year associate, you won’t be arguing before the U.S. Supreme

The judges rank the students, and for 30

represent prisoners pro bono by appearing

Court.”

of them, that’s the end of it—they receive

before the Seventh Circuit to argue their

credit for the course, and their moot court

appeals. These are “very difficult cases,”

Still, many law students who are in “test-tak-

competition ends with the fall semester. The

says Sullivan; they are “end-of-the-line kind

ing mode,” says Sullivan, learn about law, but

top 10 students move on to the next level in

of appeals, when [the prisoners] have tried

not necessarily how to use it in a case—an

the spring semester of their second year.

everything else,” he adds. And, although

invaluable skill for any lawyer. Moot court

They will be the third-year team. Then there

the circuit judges praise the Notre Dame

and mock trial competitions teach students

is another internal competition during which

students, they do not go easy on them, says

how to use the law and also how to use the

the 10 second-years are ranked to determine

Sullivan.

facts of a specific case in the interest of a

what part of the team they will be on in their

client. “Facts persuade people,” says Sul-

third year.

“It’s tough” to choose who makes the top 10 and who does not, says Sullivan. The

livan. Being able to say something persuasive under pressure is a skill every lawyer needs,

The current third-years help to make this

supervisors and third-year board are looking

says Sullivan, litigator or not.

decision. The 10 students on Notre Dame

for both talent and desire. Competitions are

moot court team in their third year are called

comprised of a written brief and the oral

The Notre Dame moot court program, which

“the third-year board,” and they do more

arguments, and the Seventh Circuit judges

has competitions in an appellate court

than compete. First, they prepare the case

do not suffer fools gladly, so team members

format, has three groups that law students

file that the second-years use to compete in

have to be highly skilled in both writing and

compete to be in: the National Team, the Re-

the first semester. Then they help rank the

speaking. There is just “no substitute for

gional Team, and the Seventh Circuit Team.

second-years who will be replacing them to

someone who can really communicate,” says

The program accepts up to 40 students who

be the next-year’s third-year board.

Sullivan.

sign up at the end of their first year and start in the first semester of their second

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The top four students become Notre Dame’s


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