Creighton School Of Law Presents Its 2023 Annual Moot Court Competition
Creighton law school students were busy all fall, preparing for its annual moot court competition. The final round happened on Friday, October 27, 2023. Moot court competitions are often an elected course for many law schools, but Creighton requires all second-year students to prepare written and oral arguments, to be presented to a panel of judges. It provides a real-life experience to argue an appellate case.
Moot Court Competition Preparing Students
Moot competitions differ from mock trials in that the moot competition simulates a case that has already gone to trial, and now is being argued as an appellate case. This is the first time Creighton law students truly dive into briefing for a case. Up to this point, a lot of their training has been theoretical, and the competition allows students to apply the theory into practice. For many, it flexes and trains their writing skills and helps them craft oral arguments. “It helped me to be more clear and concise with my writing and more direct,” said Kaia Phelps, third-year student and Moot Court Board member. “There’s not a lot of fluff that you can put into this brief.”
During the annual competition, the law school also holds a best brief competition. Legal Research and Writing III (LRWIII) instructors nominate briefs from each section of the LRWIII classes. Attorneys from the McGrath North Law firm reads the briefs, and selects the best brief and runner-up. This year’s best brief was awarded to Caleb Chmelka, and runner-up was Caitlyn Ryan.
In August, students selected partners and were assigned a side. Students must be fully prepared for their oral arguments. It takes seven weeks for students to independently write an appellate brief for their given side. Then, the teams join forces to prepare oral arguments. Judges create a realistic environment. Judges can interrupt and question points made, just as it happens in real-life. Students must be on their feet and armed with all the facts of their argument, and understand the case in-and-out. “From start to finish, from every single sentence, you have to know what’s relevant, what’s not,” said Adam Smith, third-year law student and Moot Court Board member.
There were 57 teams in the competition this year. Teams switch sides with each round, arguing both the appellant and appellee sides during the mandatory rounds. “You kind of have to flip scripts a little bit. It changes your gears of thinking, said Phelps. “It allows students to engage in a process that gets them to think one way, and then the next day they have to think of a completely different argument and a different way of thinking.”
Eventually, sixteen teams advance to the competition rounds. It all culminates in the final round, when just two teams compete.
Law Students Work Together
The competition is a part of the Legal Research and Writing III class. Several of the 387 law students were involved in this year’s competition. About 70 first-year students acted as bailiffs during the rounds, and 41 third-year students serve on the moot court board. “So, this competition really engages a large portion of the student body,” said Carol C. Knoepfler, director, legal research and writing, associate professor, Creighton School of Law.
The two final teams present oral arguments to a panel of guest judges. Judges are all former Creighton law students and have years of legal experience. And each judge has gone through the moot competition themselves when a student. This year’s judges were Iowa Supreme Court Chief Justice Susan Christensen, U. S. Magistrate judge, district of Nebraska Judge Michael Nelson and District Court Judge for the 4th judicial district of Nebraska- Douglas County, Judge Tressa Alioth.
“It’s just a really cool competition to bring alumni back together,” said Smith. “And to just kind of engage students in a really rigorous and really fulfilling process of what it means to be an advocate, and to really just engage in what the real-life world of law is like.”
The Appellate Case Argued
The appellate case that finalists argue is taken from a real-life case that is written or decided by the courts that heard the appeal. For this competition, students are assigned the task to create a problem that the finalist formulate an argument for. This year, Jack Mitchell and Matt Robinson, two third-year students, were tasked to create the problem, under the supervision of Director Carol Knoepfler. Both students serve on the moot court board as executive board members.
The 2023 moot competition revolved around an appeal case raising issues around government employee free speech rights, and Title VII’s prohibition of a hostile work environment, based on sexual harassment. Representing the appellant were James T. Olsen and Tyler Timm. Renee Jackson and Allyse Noel represented the appellee.
“You have to think on your feet,” said Phelps. Judges devise real-life environments, questioning arguments and pointing out details. Finalist must be fully engaged and briefed on their client’s appeal. “Are you able to get back to your argument when you’re interrupted and asked a whole bunch of questions by the judges?” said Phelps. “It’s the style and grace with which you answer that question, and your ability to think quickly.”
The judges convened in a separate room to discuss the finalist and their presentations, after a vigorous round. Olsen and Timm were awarded best team, and Renee Jackson won best oralist. A reception followed the competition, awarding winners and recognizing all the hard work students put into the competition.
Creighton Law Students Career-Ready
Creighton School of Law is sending graduates out into the world to be the best attorneys possible. Students are given opportunities to experience real-world scenarios, giving them an advantage once in their careers.
The moot competition simulates what students will encounter throughout their careers. It’s an opportunity to build their research and writing skills, formulating detailed arguments. The competition encourages students to craft oral presentations, giving them a platform to showcase their oral skills. For many, it’s also an opportunity to work as a team. It’s invaluable experience that will serve students as they advance in their careers.
“It’s good to have somebody there to kind of bring you back, to look at what the real issues are and how do you attack that, and how do you work together as a team,” said Smith. “At the end of the day, how do you advocate for your client. And that really is what we do.”
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