Learning through simulation in the moot practice: a teaching strategy to improve university legal education within the framework of the EHEA

Abstract

This article examines the relevance of the phenomenon on of moot competitions and moot practice in legal education and it is intended to reflect on the degree of implementation of this practice in Spanish law schools and the applicability in the general legal education to Spanish students. After explaining the origin of the word moot terminology and explain the different types of kangaroo courts that are covered under this generic nomenclature currently, presents the historical evolution of moot practice in common law countries and also shows what are the most famous contemporary moot competitions internationally. For Spain, are also described the few moot activities that have been implemented in the country and outlines what are the elements that characterize the moot currently practice in Spain. Regarding moot methodology, this article explains the most important phases of these legal drills and activities to develop the students in each. This leads to systematically present, as a result, the benefits of the practice moot for all stakeholders-students, faculty, academic institutions, society, and the shortcomings that today is attributed to this educational activity. In terms of the findings and possible prospective actions, this work proposes to give more importance to moot curricular practice in Spain, suggesting a number of measures to be taken from different areas for this practice matures in our university and thus assists in the implementation of the EHEA in Spanish universities.