First Year Oral

Arguments

On-brief: Monday, March 8 or Wednesday, March 10

Off-brief: Monday, March 15 or Tuesday, March 16

Procedure

10 minutes per personAppellants go first then the Appellees1 rebuttal for the Appellants20 minutes for feedback

Procedure

Dress ProfessionallyCheck-in 15 minutes before argument at

table across from mailboxesWait outside room until you are called inWrite name on board Sit down until judges are ready

Structure

Argument

Introduction Body Prayer

Introduction

Begin each argument/rebuttal with “May it please the Court?” This is a question, wait for the answer

Introduce yourself and co-counsel and who you represent

Reserve rebuttal time if AppellantTell the Court what the issues are and

what you want them to do

Body

FactsRoadmapPoints of the Argument

So many facts, so little time . . .

State the facts from the perspective of your client.

Create a BRIEF story, if possible (30 seconds or less)

Know where you are going to go if the judges interrupt you

Don’t forget PROCEDURE!!

How did the District Court rule? Why is that important?

Consider a brief procedural statement (i.e. “the District Court granted summary judgment in the government’s favor, concluding as a matter of law that the agent’s handling of the luggage did not constitute a search under the Fourth Amendment”

You have issues

Try to use positive language to state the issues from your client’s perspective

Integrate your facts into the issue statement. Compare:

“The issue before the court is whether a state must accord full faith and credit to another states adoption decree when the adoption violates a fundamental public policy of the state in which recognition is sought.”

“Ms. Wright contends that North Carolina’s fundamental policy against recognizing homosexual relationships negates its obligation to accord full faith and credit to the Winston adoption decree”

The Argument

The argument is not a regurgitation of the brief.

A good oral argument will have the structure of a logical proof. Premise: If A is true, then B is true Premise: A is true Conclusion: B is true

The Argument (Continued)

An effective oral argument is based on ideas and principles. It uses law and legal doctrine to illustrate those ideas. Use the law to illustrate your point. Don’t let the law become your point.

Finish your arguments. Draw the Conclusion. Don’t make a great point and leave the judge wondering why it matters. Two questions: “Why is that true?” and “If it is true, so

what?”

Prayer/Conclusion

Don’t use “Wherefore” Last chance to tell the Court what you want it to

do and why Be strong Be concise Be brief Last 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 3 minutes (reserved at the beginning) Judges can ask questions You 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 a judge’s question isn’t clear to you, try restating it back to them in your own words.

Don’t allow yourself to be cross-examined by the judge.

Things to Do

Maintain eye contactSpeak slowly and clearlyBreatheHave a conversation with the judgesAdvocate for your client

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”Count Circuits

Scoring

100 possible points4 categories

Presentation Style Argument Knowledge & Preparation Response to Questions

Final Round

Top 16 students will advance to the final round

The final round will take place after Spring Break

A new problem will be argued

Supreme Court Day Competition

Saturday, March 13

Iowa Judicial Building

10:00 a.m.