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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