Pol 387 Metz Fall 2011 Instructions for Moot Court Exercises In three of the last five weeks

of the semester, a portion of each class will be devoted to moot court exercises. Each exercise will be based on a hypothetical legal dispute involving the issues discussed in the readings for that week. In each exercise, a two-student team representing the petitioner and a two-student team representing the respondent will argue the hypothetical case before a court consisting of four students. The arguments will last for roughly 30 minutes. The hearing will begin with the petitioners presenting their central arguments for up to ten (10) minutes. Respondents will then offer their case (for up to ten (10) minutes). During opening arguments, justices may interrupt briefly to ask clarifying but not substantive questions. After both sides have presented their initial arguments, justices will have up to five (5) minutes ask substantive questions of each side. Teams may respond briefly during this question period. They should, however, reserve the bulk of their response for their closing five (5) minute response. During the argument, both members of each team (advocates) will be expected to participate in making the argument and/or answering questions from the court, and each member of the court (justices) will be expected to ask questions of the advocates. Remember: this is not a course in constitutional law so much as a course in the political theory embedded in and expressed by our Constitution. This means that you should not get caught up in procedural or factual minutiae of the cases. Rather you should use the facts, the court and your briefs to explore those philosophical ideas. Following completion of the argument, the class will take a short break during which time the justices will be expected to reach a decision (with or without dissents). After the break, the justices will announce their decision, and the class will have an opportunity to comment or question the justices. In addition to participating in the oral argument: 1. Every member of each advocate team will be expected to submit a five to six-page written brief. The should make as strong an argument as possible for the side represented by the team, based on the materials assigned for the week, as well as other relevant materials assigned earlier in the semester;

2. Each justice will be expected to submit a one-page list of up to three questions that he or she would like to ask the advocates, with a very brief explanation of the relevance and importance of those questions. Both the brief and the list of questions will be due at noon on the Wednesday of the class in which the oral argument will be held. Depending on the exact enrollment in the course, the particulars of this assignment may change slightly. Every student will be expected to serve as an advocate in one case and as a justice in another case.