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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
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.”
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