Mock trials and moot courts are fantastic teaching methods. They have historically been used to great effect in law schools and high schools around the country. They allow for a deep analysis of texts and information, immersion into professional roles, opportunities for public speaking with an authentic audience, and invested writing tasks. Moreover, in my personal experience moot courts and mock trials are
fun
, having the combined advantages of a role playing game combined with rigorous learning, and give every student the opportunity to contribute meaningfully.
While Rodriguez is the actual model for the moot court, the names and some of the data of that case has been changed for several reasons. First, enterprising students will look up the specifics of case and may borrow too heavily from it in preparing their own arguments. While such research is generally laudable, in this case it would go against the learning goals of the unit. Secondly, in an effort to modernize the case and give it a sense of urgency, the case is fictionalized to occur in the present day. To this end, the original discrepancies of student spending found in 1973 are adjusted for inflation, but otherwise remain accurate to the original disparities.
There are several reasons for using
Rodriguez
as the culminating Moot Court instead of
Brown
or another segregation case. The first is while students and the public would overwhelmingly argue against formal segregation of the Jim Crow system (even though it was hotly contested at the time), the Rodriguez case is recent enough to offer more variation in opinion. Another reason is that the constitutional issues raised by
Rodriguez
, namely economic discrimination in education, are more directly related to the lives of the students and it is hoped that they can connect the case to contemporary opportunities for change. It is very important that students be allowed to form their own opinions of the issues at stake. As a teacher I at once wish to be very upfront with my personal views and ideology, while allowing students to come to their own conclusions.
An element essential for any successful moot court in the classroom is preparation. Indeed the level of success correlates directly to the amount of preparation by the teacher prior to student learning. The activities that follow are not complete. They must be personalized by the teacher for his or her students. Depending on student current ability levels much may have to be added to and worked on numerous times for construction of the the requisite skills and knowledge base required. This should not be viewed as an impediment, but rather an invitation to high level teaching and learning, and I can attest from personal experience that 7th graders (one sixth of which labeled special ed and well over half being English Language Learners) can learn to perform the tasks of a court of law. Through the gradual release of responsibility and well scaffolded opportunities, students perform marvelously as a cohesive unit in the classroom to the point that the "teacher" disappears from the room and watches all of his or her students take over the learning process.
What follows is some, but not all, of the lessons pertaining to the preparation of the culminating moot court event. One way of further preparing students for the final case is to begin with a scripted case using actual court transcriptions, with students reading their given roles. This serves to familiarize students with the court process and to develop their public speaking. As for the final moot court, having outside help, such as law students, actual lawyers, or judges, come in and help students prepare different aspects of the case, such as oral argument, writing a legal brief, etc, can be extremely beneficial and is highly recommended. Finally, having the actual moot court be held in a public school space, with parents and other students in the audience, is a great way to elevate the learning activity.