Practicing Democracy in the Classroom: Moot Court in Action
Simulations of democratic processes are one of the proven practices of civic education mandated by the Illinois middle and high school civics requirements. In simulations of democratic processes, students learn how institutions of power work, how to navigate those institutions, and how to reflect on opportunities to make “a more perfect union.” Christopher Johnson, a middle school social studies teacher at Rochester Junior High School in Rochester, Illinois, has been honing his skills in facilitating simulations since taking his first Guardians of Democracy microcredential course on this pedagogical strategy.
One of Chris’s favorite simulations to use with his students is the moot court. In moot courts, students explore the constitutionality of laws and government practices. Unlike mock trials—which require witnesses, direct and cross-examinations, opening and closing statements, lawyers, jurists, and more—moot courts emulate the appellate process, where the facts of the case are already established. In a moot court, students take on the roles of petitioners, respondents, and appellate jurists to probe the constitutional issues of a case.
We asked Chris to reflect on his most recent moot court simulation, which focused on Mahanoy Area School District v. B.L., a case related to student free speech. Here are his responses.
1. Why did you choose moot court as a way for students to learn how democracy and the Constitution actually work?
Moot court simulations have proven to be engaging for students at multiple grade levels and ability levels. The simulation asks students to apply their knowledge of the U.S. Constitution, the Bill of Rights, and other landmark cases in an authentic way. Students are tasked with applying knowledge, not just reciting facts.
This activity addresses key skills identified in the state standards, such as:
- SS.6-8.IS.3.MC: Develop claims and counterclaims using evidence from credible sources while pointing out the strengths and limitations of both.
Student lawyers had to use evidence from the record (such as the lack of disruption in Algebra class, the cheerleading rules, etc.) and legal precedents (like Tinker) to build their claims while anticipating opposing counterclaims. - SS.6-8.IS.4.MCb: Critique the structure and credibility of arguments and explanations (self and others) about a topic.
Lawyers presented oral arguments to the court, and student judges critiqued the credibility of those arguments to render a verdict (opinion). - SS.6-8.H.1.LC: Identify and describe the contexts of historical events and developments as examples of change and/or continuity based on the perspectives of multiple diverse groups.
Students had to understand the “substantial disruption” standard and adapt it to modern off-campus social media speech, examining how the legal context has changed from Vietnam War armbands to Snapchat.
2. How did students help co-create the norms, roles, or success criteria for how the moot court would run?
My role in this simulation was that of a facilitator—very much a “guide on the side.” After providing students with the framework for the simulation, students self-selected roles (lawyer for petitioner, lawyer for respondent, and judge) and divided up work and expectations within those roles. Students decided how each member would equitably contribute to the group project and who would take on specific responsibilities during the trial. By giving students leadership in allocating work and determining expectations, they took ownership of the project and became more engaged and invested in its outcome.
3. What specific civic or democratic skills did students use during the moot court?
Watching students participate in the moot court simulation, they clearly combined content knowledge with speaking and listening skills. Students introduced claims and supported them with evidence from the case, precedent cases, and personal experiences. Participants had to listen carefully to peers in order to ask relevant questions and offer counterclaims. Judges questioned lawyers, requiring them to defend and clarify their arguments in a structured manner. Judges deliberated with peers and then voted based on their understanding of the case and the evidence presented. This activity transformed the classroom into an interactive courtroom filled with engaged students practicing their future roles as citizens and leaders.
4. How did participating in moot court change how students saw themselves as citizens or decision-makers?
One of the greatest advantages of a simulation like moot court is that it is extremely challenging. Students must go far beyond worksheets, slideshows, and even essays to master the material. Watching students struggle—and ultimately succeed—is incredibly rewarding. Students expressed a strong sense of accomplishment after completing this “hard” task. Student reflections showed that many began to see the value of expressing their opinions and using their voices. For 8th graders, this step is critical; if they feel their voice has value now, they are more likely to continue using it in the future.
5. Did the moot court connect to anything beyond your classroom?
The selected case, Mahanoy Area School District v. B.L., is one of the most relevant cases for students today. Most students have cell phones and use social media. Many participate in extracurricular activities, and all have experienced teenage frustration. This case tapped directly into their lived experiences.
This year, I invited several guests to observe the trials, including school board members, a college government professor, district leaders, the building principal, and instructional coaches. Students were aware of these guests ahead of time and prepared accordingly. While their courtroom performance was impressive, what stood out most were the conversations afterward. Students asked thoughtful questions, shared honest opinions, and even challenged school policies with the very leaders who helped create them. This simulation extended far beyond the classroom, sparking discussion before and after the trial and across grade levels.
After the event, Chris emailed the guests to thank them for attending. One response, from a school board member who is also a lawyer, captured the spirit of the day perfectly:
“You are RIDICULOUS to be thanking US! Thank YOU for going above and beyond and giving our students such a great experience. I totally dorked out and had a blast. Thank you for the invite.”
6. How does moot court help students understand how the Constitution and courts affect their real lives?
Students often think of trials as TV spectacles rather than carefully researched debates. At the same time, current events are full of discussions about how courts interpret the law. This simulation bridges the gap between textbook explanations of the judicial branch and real-world application. Students see how constitutional rights—like free speech, search and seizure, and due process—apply to everyday people, including a 16-year-old cheerleader posting on Snapchat.
7. What moment showed students were truly thinking like engaged citizens?
There are many examples, but student writing provides some of the clearest evidence. One student wrote:
“In the digital age, there’s no such thing as ‘weekend only.’ If the speech makes it to the school day, then the school should be able to punish B.L.… That’s still enough to punish someone if they are the source of the disruption.”
Another student argued:
“You cannot expect children to know the limits unless they are told.… If schools do not inform students that outside posts can be used against them, is it reasonable to punish them?”
Students debated ideas—not individuals—grounding arguments in evidence rather than emotion. They considered multiple perspectives and crafted arguments to persuade specific judges. Watching an 8th grader confidently present a constitutional argument in front of peers and adults demonstrates a deeper understanding of civic rights than any multiple-choice test ever could.
8. Why are civic simulations more powerful than just reading about government?
Simulations bring big-picture issues down to the level of everyday people. They allow students to practice democracy long before they are expected to participate as adults. Moot courts are not games; they demand rigorous content knowledge and complex analysis in a high-stakes, engaging setting. While reading about government is important, coupling that knowledge with simulation creates a powerful, lasting learning experience.
If you’re interested in bringing moot courts or other simulations of democratic processes into your classroom, explore our Simulations of Democratic Processes toolkit. Designed for educators, the toolkit offers classroom-ready simulations that support meaningful student engagement with democratic institutions and civic processes.