Moot Court Concerns Forum

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swtlilsoni

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Moot Court Concerns

Post by swtlilsoni » Sat Oct 25, 2014 11:07 pm

My biggest fear in moot court is getting a question that I can't answer. No matter how prepared I am, I am always paranoid that's going to happen. I have an upcoming competition that is in front of a huge audience and I am completely petrified. I'm normally fine with public speaking but since the questions are so unpredictable I am terrified that I might just happen to get one I cannot answer.

For all you moot court people, any advice?

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salix

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Re: Moot Court Concerns

Post by salix » Mon Oct 27, 2014 6:37 pm

Most important: don't freeze, don't break character, don't do obvious stalling (e.g. "Thank you, your honor, for that question. That is a very important question that you've asked there.... fnurrfnurrfnurr")

If you don't know the answer, ask for clarification. That can be a subtle stall.

If you still don't know the answer, respond with something that plausibly sounds like you misunderstood the question, then try to pivot back to YOUR points. It may very well pass right by your bencher that you didn't quite answer the question. Or you may get interrupted by another justice, with a question you can confidently answer.

Worse comes to worst, bencher will tell you you didn't answer the question. Then lather, rinse, repeat.

---OR--- In The Winning Oral Argument, Bryan Garner says, "If you don't know the answer to a question, say so and offer to submit a supplemental brief on the point." Obviously, this may be more of a real-life practice tip than a moot court tip, but I have done this before, and it took the bencher enough by surprise that I could move on.

Super most important: remember, it's all theater.

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