Moot Court

MOOT COURT DOMINATION IN 2009

Our National team at the 2009 ABA Regionals in Miami

Here's the breakdown for our advocacy successes so far this year:

Jeremy Johnston & Spencer Brown took first place in the Religious Freedom Moot Court Competition hosted by George Washington University in D.C.

Kirstin Norman & Benjamin Smith took first place and had the Best Brief at the National First Amendment Moot Court Competition hosted by Vanderbilt School of Law in Nashville, Tennessee.

Nathanial Martinez and Naseem Nixon were semifinalists at the George Washington National Security Moot Court Competition in D.C. Nathanial was honored with 2nd Best Oralist at the competition and the team won 3rd Best Brief.

Skyler Bell, Alison Hughes & Jeremiah Ritchie were semifinalists at the McGee Civil Rights Competition in Minneapolis, Minnesota. Jeremiah Ritchie was honored as the 2nd Best Oralist and the team won the 5th Best Brief.

At the ABA Regional Moot Court Competition in Miami, Florida, Adam Heder, Elizabeth Thompson & Amy Nash were finalists and Adam Heder was honored with 6th best oralist. Kathleen Cannon, Joshua Chandler & Wesley Smith, placed as semifinalists and were honored with 4th Best Brief.

2008 Competition Pictures

Click to see full size pictures and download prints.

Click here to view full 2008 Moot Court Competition Story

ORAL ARGUMENT TRAINING

RELIGIOUS FREEDOM MOOT COURT CHAMPIONS!

A hearty congratulations to Spencer Brown & Jeremy Johnston who took FIRST PLACE in the 3rd Annual Religious Freedom Moot Court Competition hosted by GW Law School. They beat out many other schools, including Duke, UC Davis, Notre Dame & GWU, to finally best Florida State in the final round. Our school has taken 2nd place the last two years and we're so proud to finally take home the gold!

Description of the problem: A Congregational Church hired an employee who was responsible for posting scriptures on the weekly bullitin and the sign outside the church. The employment contract promised that the church would not discriminate based on sexual orientation. When the pastor found out that the employee was gay, he fired him. The employee sued the church for breach of contract and for violating an anti-discrimination state statute. The church claimed the court lacked subject matter jurisdiction because it would violate the Free Exercise and Establishment Clauses of the First Amendment. The winning team wrote the brief for the Respondent (the church) and argued that the ministerial exemption survived the Supreme Court's decision in Employment Division v. Smith and, alternatively, that the Establishment Clause and the right to Expressive Association barred adjudication based on the statute or contract.

The final round judge panel included:

Mark Chopko, Chair of Nonprofit & Religious Organizations, Stradley Ronon Stevens & Young LLP. Served 20 years as principle legal officer for US Conference of Catholic Bishops. Has published several articles, including one in the BYU Law Review, I believe. He is also an adjunct professor at Georgetown University Law Center. Reverend Barry Lynn, Executive Director, Americans United for Separation of Church and State. Ordained United Church of Christ Minister and prominent leader of the American "Religious Left." Eric Treene, Special Counsel for Religious Discrimination, U.S. Department of Justice Civil Rights Division. Former Director of Litigation at the Becket Fund

BYU takes FIRST PLACE in First Amendment Competition

Congratulations to Kirsten Norman and Ben Smith for taking first place in the 19th Annual National First Amendment Moot Court at Vanderbilt University. Not only did Kristen and Ben take first place in the competition overall, but they also took home top honors for best brief, taking home a total of $2,500 in cash awards.

The competition problem involved the limits of free speech for public employees. Teams of student advocates from 35 law schools argued both sides of the case. The issue was whether an assistant district attorney had a free-speech right to speak to a blogger, make critical comments to his superior and send a letter to the state attorney general criticizing his office’s handling of a case. The student-advocates had to examine the contours of public-employee jurisprudence to determine whether the assistant district attorney engaged in protected citizen speech or unprotected employee speech.

Semi-final and final-round judges in the competition included, from the federal judiciary, Steven M. Colloton, 8th U.S. Circuit Court of Appeals; Martha Craig Daughtrey, 6th U.S. Circuit Court of Appeals; Bernice Donald, district judge, Western District of Tennessee; Robert L. Echols, district judge, Middle District of Tennessee; Sidney Fitzwater, chief judge, Northern District of Texas; Julia Gibbons, 6th Circuit; Marian F. Harrison, bankruptcy judge, Middle District of Tennessee; William J. Haynes Jr., district judge, Middle District of Tennessee; Reggie B. Walton, district judge, District of Columbia; and Susan Webber Wright, district judge, Eastern District of Arkansas. Joining them from the state judiciary will be Cornelia A. Clark, Tennessee Supreme Court.

For more information about the win, here's a press release on this year’s competition: http://www.firstamendmentcenter.org/news.aspx?id=21273

Be sure to congratulate Ben and Kirsten on their victory!

What We Do

Moot Court is a program designed to give law students experience in appellate advocacy. Its benefit lies in the invaluable practical experience its members receive. All First Year students learn Moot Court skills by writing an appellate brief and giving an oral argument for their second semester advocacy class.

In conjunction with the activities of their advocacy class, First Year students are encouraged to submit their brief to Moot Court and to participate in the 1L Moot Court Competition. The 1L Moot Court Competition is the primary mechanism by which 1Ls apply to the team, and invitations to new team members will be extended during the summer.

During the first semester of their second year, Moot Court members will participate in an intraschool competition - the Rex E. Lee competition - to determine BYU's National Moot Court team. The four finalists in this competition and the two best brief writers will go on to represent the school in regional and national ABA competitions during their third year.

Others who progress in the competition may apply to compete in other competitions around the country during winter semesters of their 2L and 3L years. In years past the Law School has sent teams to eight different competitions around the country. These competitions often focus on specific topics, such as securities law, civil rights, or religious liberty. In addition, all members will also have the opportunity of acting as editors and judges for the first year competitions.

Participation in the Moot Court program is an excellent opportunity for students to hone their brief writing and oral advocacy skills in preparation for their professional lives.

Competition

BYU Law School's Moot Court teams have added to the law school's long history of quality oral advocacy with a string of competition successes throughout academic year. BYU's traveling Moot Court teams have consistently secured top placing in multiple national competitions. Read about them here.

Click here for results from the 2007 Rex E. Lee Moot Court Competition

For a complete list of the 2008-2009 Moot Court team, click here.

2009-2010 Board of Advocates

President: Vice-President: Skills Training: Communications: Rex Lee Competition Chair: Rex Lee Competition: 1L Competition Chair: Traveling Teams Chair: Case Writing Chair: Bench Teams Chair:

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