Moot Court Frequently Asked Questions
This page will be updated regularly with important information for all moot court competitors. Please be sure to check this page regularly for updates.
FAQ #1 : Must we also mail in paper copies as well as email in our briefs?
ANSWER: Yes, per rule 9, “Each brief submission must include 6 identical paper copies and 1 electronic copy on a CD-ROM or floppy disk.” Mail your briefs to: The American Constitution Society for Law and Policy, 1333 H Street NW, 11th Floor Washington, DC 20005.
FAQ #2: Can we hand deliver our briefs to the ACS office?
ANSWER: Yes, but please be aware that the ACS office closes at 6 p.m. Eastern Standard Time. Our office hours are M-F 9am EST- 6pm EST.
FAQ #3: What materials are and are not included in the page limit specified in Rule 6?
ANSWER: ACS Rule 6.c. refers to USSC rule 24.1 (a-f), which lists those materials considered “preliminary” and therefore not counted as part of the 30-page limit. The statement of the case IS INCLUDED in the page limit. In addition, preliminary materials should be numbered i, ii, etc. Numbered pages (1, 2, etc.) should therefore begin with the statement of the case (USSC rule 24.1.g and following).
FAQ #4: Can you help us sort out which Supreme Court Rules we can ignore?
ANSWER: USSC Rule 24 incorporates Rule 33.1, but note that we have excluded the entirety of Rule 33.
USSC Rule 24.1.d is excluded. For Rule 24.3, refer to our rule 6.c.
Disregard USSC Rule 25l substitute applicable provisions of our Rule 6.
Disregard USSC Rule 26.
Again competitors are required to comply with Part VI, as amended above, and Rule 34 (only) of Part VII.
FAQ #5: According to rule 3, no team may receive assistance in the form of guidance in research or constructing arguments. Competitors may not receive aid from other students, professors, attorneys, or administrators in preparing their briefs. No team may receive assistance before the deadline for brief submission. However Rule 3.b states: that participants may discuss general issues of law raised by the problem and receive critical feedback as they draft their briefs. How does this work?
ANSWER: This rule should be interpreted to mean that all team briefs must reflect the original ideas of the competitors or accord full and proper attribution to the source. Competitors may discuss their arguments with other students, professors, attorneys, or administrators, however all briefs submitted by the competitors must be written solely by the competitors. Additionally, competitors may have their briefs proofread by a coach or teammate, however once again all substantial revisions must be done by the competitor(s).
FAQ #6: Is there a prohibition on arguing issues not briefed or questions not presented?
ANSWER: At oral arguments, competitors may use arguments developed in other competitors’ briefs. However, Stipulation #4 provides that “The two Questions Presented are the two issues on appeal for the purposes of this competition. No other issues are presented in this appeal. In particular, the parties will not argue standing, jurisdiction, ripeness or constitutional avoidance.” Competitors should be aware that issues other than the two issues presented are irrelevant, and therefore briefing them is inadvisable.
FAQ #7: When should we mail in our briefs?
ANSWER: All brief submissions must be postmarked no later than 11:59pm EST on January 18, 2008. Brief submissions must be mailed to American Constitution Society for Law and Policy, 1333 H Street, 11th Floor Washington, D.C. 20005.
FAQ #8: Are competitors allowed to make statutory arguments?
ANSWER: This is a moot court competition in Constitutional Law, and the two questions presented within the problem are the constitutional dilemmas. We advise, therefore, that this matter is not meant to be resolved by constitutional avoidance.
FAQ #9: How are we to cite to the record since the reporter information is not provided?
ANSWER: Please cite to the opinion and record in any reasonable manner that you see fit. You will not be penalized for the manner you choose. However, you must be consistent in the manner that you cite materials from the moot court record.
FAQ #10: In addition to mailing the copies of the brief to ACS National do competitors need to submit it by electronic mail and if so where do we e-mail it?
ANSWER: Yes, in addition to mailing 6 identical copies and 1 electronic copy on a CD-ROM or floppy disk, briefs must also be submitted in electronic copy via email to mootcourtreg@acslaw.org no later than 11:59 pm Eastern Standard Time on January 18, 2008. Electronic copies may be in either Word or PDF format.
