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C. Edwin Moore Competition

C. Edwin Moore Competition. DATES: 1st Round: Monday, September 12th Tuesday, September 13th 2nd Round: Monday, September 19th Tuesday, September 20th

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C. Edwin Moore

Competition

DATES:1st Round: Monday, September 12thTuesday, September 13th

2nd Round: Monday, September 19th Tuesday, September 20th

Reasons why it was a good idea to sign up . . .

• You learn to talk about the law

• Gain confidence with public speaking

• Networking – meet legal community and other students

• Cash Prizes for the Finalists!

• Preview of Spring Semester’s First Year Oral Arguments Competition.

• Forces you to buy a business suit

Procedure

10 minutes per personAppellants go first then the Appellees1-2 minutes rebuttal for Appellant10 minutes for feedback from JudgesYou will be assigned a side of the

argument for the 1st Round; you will argue the opposite side in Round 2.

Procedure

Dress Professionally—this means a BUSINESS SUIT

Check-in 15 minutes before argument at table across from mailboxes (Be early!)

Wait outside room until you are called inWrite name on board once inside the

roomSit down until judges are ready

Structure

Argument

Introduction Body Prayer

Introduction

Begin each argument/rebuttal with “May it please the Court?”

Introduce yourself and co-counsel and who you represent

Reserve rebuttal time if AppellantTell the court what you want them to do:

“Today, this Court should affirm/reverse the holding of the 14th Circuit.”

Body

Theme RoadmapFactsArgument

Theme

A short phrase that sums up the theory of your case

Example: “Your honors, there are no magic words to

explain to a suspect his Fifth Amendment privilege against self incrimination.”

Roadmap (Issues)

Tell the court what they are going to have to do and why they should do it. “The Court should decide X for X number of reasons”

Compare: “Today the Court must decide Mr. Door’s Fifth Amendment rights

were violated because he was not given proper Miranda warnings.”

“Today, the Court should decide Mr. Door’s Fifth Amendment Privilege against self incrimination was violated for three reasons:

“First, Mr. Door was never given proper Miranda warnings. Second, Mr. Door did not knowingly, intelligently, and voluntarily

waive his Miranda rights; andThird, it would not be overly burdensome for police officers to give

more specific Miranda warnings.”

Facts

State the facts from the perspective of your client.

Create a BRIEF story (30-45 seconds)The judges may ask you to skip the facts,

know where to head in your argument if this happens.

Facts

Don’t forget the procedural posture of the case:

How did the District Court rule? Why is that important “The District Court denied Mr. Door’s motion

to suppress. On appeal, the Fourteenth Circuit affirmed the District Court’s denial and upheld Mr. Door’s conviction.”

The Argument

You should not read directly from the bench brief during your oral argument but you can (and should) use the arguments, structure and legal authority cited in the bench brief to organize your oral argument.

Organize your argument according to the issues set forth in your roadmap.

The Argument – Using Legal AuthorityAn effective oral argument sets forth ideas and

principles and uses legal authority to support and illustrate those ideas.

Use the law to illustrate your point. Don’t let the law become your point.

Refer to the court you are citing and the full name of the case the first time you refer to it. From that point on drop the court and shorten the name.

Prayer/Conclusion

Last chance to tell the Court what you want it to do and whyBe strongBe conciseBe brief Incorporate your themeLast sentence out of your mouth should either start or

end with “the lower courts order should be affirmed/reversed” (but not both)

When Time Goes By . . .

The Cardinal Rule: After time has expired, you may only continue to speak with the permission of the Judges.

When you see that time has expired, conclude your thought in the briefest manner possible

The Litany

“Your Honor, I see my time has expired . .”“ . . . We respectfully request you reverse/affirm the

court below”

“ . . .may I have a brief moment to conclude” (If granted, anything more than 10 seconds is not a “brief moment”)

“ . . . May I address your honor’s question and have a brief moment to conclude.” (Use when Judge’s question runs into the end of your time)

Rebuttal

1 to 2 minutes (reserved at the beginning)Judges can ask questionsYou probably only have time to make one strong

argument, so choose wisely. Rebut the Appellees’ strongest points:

Listen to what the judges are questioning the Appellees’ about, and answer those questions from your perspective

Point out why the Appellees’ argument leads to bad results or constitutes bad policy

If Appellee relies heavily on one or two particular cases, distinguish those cases and explain why the appellees reliance is misplaced

Questions From the Judges

Answer directly (“Yes, your honor” or “No, your honor) even if you plan a qualified answer

NEVER interrupt, even when a long-winded judge is stealing your time. It happens.

If you do not understand the judge’s question, you can ask for clarification if necessary.

If you disagree with a judge’s conclusion, be respectful and fully explain why. “Respectfully your honor, I disagree….”

Things to Do

Maintain eye contactSpeak slowly and clearlyBreatheHave a conversation with the judgesAdvocate for your client Do not read. Use an outline when you deliver

your argument You can write a full argument to prepare, but shrink

it down to an outline for the actual presentation

Things NOT to Do

Play with your clothes, hair, or penPace or shift weightClutch the podiumSay “I believe,” “We believe,” “I think,” or “We

think”List CircuitsOver gesture (don’t point at the judges) Use the words “clearly” Be over dramatic, this is not a jury trial. Cop an attitude

After the Preliminary Rounds . . .

12-16 top students will advance to the semifinals

The semifinals will take place in late September

Four students will advance to the Finals

Final Round

Top students will advance to the final round

The final round will be October?The arguments will be made to the Iowa

Court of Appeals judgesThe selection of Moot Court/Mock Trial

teams is based, in part, on your performance in these rounds

Questions?Contact:

[email protected] or [email protected]