High Tech Law Institute

Santa Clara University competes in three high tech moot court competitions-

Cardozo / BMI Entertainment and Communications Law Moot Court Competition
National moot court competition sponsored by BMI.

 

Saul Lefkowitz Moot Court Competition
National trademark law moot court competition sponsored by the Brand Names Education Foundation.

 

Giles S. Rich Memorial Moot Court Competition
National patent and intellectual property moot court competition sponsored by the American Intellectual Property Law Association.

 

Structure:

Course #397: High Tech Moot Court (Fall semester, 1 unit & Spring semester, 2 units)

This course is designed to further develop the skills learned in Course #105 Advocacy (required in the 2nd year) writing and presenting oral argument.

 

Fall: The class will meet five times in the fall semester. Lectures will focus on (1) legal analysis and reasoning, (2) appellate brief writing, (3) appellate advocacy, (4) policies, procedures and structures of the moot court competitions. The course is graded on a pass/no pass basis. Attendance is mandatory.

 

In the latter part of the fall semester, students will determine if they are interested in competing in one of the three high tech moot court competitions. Applicants will be evaluated and selected through a try-out process consisting of an oral argument and written appellate brief. The instructor will provide applicants with a moot court problem, which generally includes a brief fact pattern. The applicants must write a short appellate brief and prepare a ten minute oral argument based solely on their own research of relevant statutes and case law.

 

The instructor, other faculty, and outside attorneys will judge the written brief and oral arguments. The most qualified applicants will be selected to compete and represent SCU in one of the three high tech moot court competitions. The teams range in size from two to four person teams.

 

The course is open to all students, however the fall course can only be taken once for credit.

 

Spring: The aim of course #397 in the spring semester is to provide students an experience closely comparable to actual appellate practice. It will require strong research, writing, and oral argument skills. As a selected competitor (determined in the fall semester), you and your partner(s) will be solely responsible for the substance of your competition brief.

 

Students will write a full brief (no longer than 35 pages). Students will also prepare, practice and deliver a full oral argument. Students will receive advice and guidance on their oral argument from their respective coaches, practitioners and other faculty.

 

Though this course is only given two units in the spring semester, in practice, it is very rigorous and time intensive. Students can expect to spend 60-80 hours writing the brief, and will often spend 30-50 hours practicing for competition.

 

This course is open to students who complete the fall course and are selected for one of the moot court teams.

 

Schedule:

 

Fall course #397 meets 5 times in the fall semester.

 

The following dates are based on previous years however these schedules change every year so the dates listed below are only approximations.

 

Competition

Problem released

Brief submission

Regional competition

National competition

Cardozo/BMI

Mid-January

Early February

NA

Late March (NY)

Giles Rich*

Mid-November

Early February

Mid-March (Silicon Valley)

Mid-April (DC)

Saul Lefkowitz

Mid-November

Mid-January

Late February (SF)

Late March (DC)

 

*Students competing in the Giles Rich competition write two full briefs- appellant and appellee.

 

Spring course #397 meets at least weekly for oral advocacy practice and very frequently closer to the competition. Meeting times will depend on the schedules of participants and coaches.

 

Participate!

 

All interested students must register for Course #397 for the fall semester. As mentioned above, enrollment in this course does not guarantee participation in one of the three competitions. A try-out process will determine who will compete in the spring semester.

 

FAQs:

 

How many SCU students can compete in the three high tech moot court competitions?

 

Cardozo/BMI: Two (2) teams/school and two (2) to three (3) members/team for a total possible of six (6) competitors/school. [A team may consist of two (2) or three (3) members, all team members are expected to participate in preparing the brief, and each team member must argue at least once in the preliminary round. Only two (2) team members may argue in a single round.]

 

Saul Lefkowitz: Two (2) teams/school, and two (2) to four (4) members/team for a total possible of eight (8) competitors/school.

 

Giles Rich: Two (2) teams/school, and two (2) members/team for a total possible of four (4) competitors/school.

 

Are there any prerequisites for course #397?

 

There are no prerequisite course requirements for course #397. Many students take it simultaneous with Course #105 Advocacy. You are not required to have taken patents to compete in the Giles Rich competition nor do you have to have taken Copyright or Trademarks to compete in Cardozo/BMI and Saul Lefkowitz competitions, respectively. It may be helpful to have taken these courses however you will do enough research to understand these subjects thoroughly.

 

Can you compete in more than one moot court competition?

 

Students are only allowed to compete in one of the three high tech moot court competitions per year. Preparation for competition in any of the three high tech moot court competitions requires an extensive time commitment. Students find out if they have been chosen to represent the school in the spring competitions before applications for Honors Moot Court are due therefore allowing them to pursue that option if they are not chosen for one of the high tech moot court competitions.

 

Travel/reimbursement policies for high tech moot court competitors.