- Students representing the petitioner will focus on arguing why the lower court made a mistake and why their interpretation of the law is correct.
- Students representing the respondent will focus on defending the lower court's decision and arguing why it was the correct one.
Quoted from "Mini Moot Courts:"
Petitioner/respondent attorney preparation. Each group of students should consider:
- What does each side (party) want?
- What are the arguments in favor of and against each side?
- Which arguments are the most persuasive? Why? What counter arguments should you anticipate and how will you rebut them?
- What are the legal precedents and how do they influence this case? (A precedent is a previously decided case recognized as the authority for future cases on that issue. Using precedents allows for the development of more sophisticated arguments.)
- What might be the consequences of each possible decision? To each side? To society?
- Are there any alternatives besides what each side is demanding?
Note: The parties should consider all of the facts in the summary. Teams may not argue the accuracy of the facts. Participants’ arguments do not need to be rooted in legal technicalities. Any argument that is persuasive from a philosophical, theoretical, conceptual, or practical standpoint can be made. Teams should rely on principles found or implied in the United States Constitution.
