If it is an important point, take a deep breath, clarify your point walk it back if possibleand don't let the judges see you flustered. Go forth, advocate, and good luck.
Once you see the "STOP" card, immediately stop speaking. Know exactly how to evaluate a matter brought before the court for review, whether it involves juries, motions, agencies and magistrate judges, or habeas. Memorize your opening and your roadmap.
Make sure you have the definitive authority on the topic. Accordingly, be sure to amplify the most important aspect of the case at the start and try to articulate the theme of your argument in the first sentence or two.
I once had the pleasure of watching Supreme Court litigator Tom Goldstein deliver a presentation not an argument, but stilland he did this amazingly well, on the fly, as he was given issues to address by the audience.
As a recent commenter pointed outthis may be all you get to say before you are fielding a barrage of questions. Use plain English, not pretentious expressions or legalese. It should be an integral part of your argument, your answers to questions, and your rebuttal.
For example, when I said X I was wrong, the correct response would have been Y. If necessary, offer to write a supplemental brief if it would help the court.
But if you do get a barrage of questions, at least you can rest assured that the court has other ideas about what it wants to hear.
In one sentence, tell the court what you want it to do and why it should do it. Look for the weaknesses in your argument, anticipate the questions judges might ask, and plan responses that transition to the merits of your position.
Engage in an exchange of ideas with the judges and respond to their concerns. Art of Advocacy - Appeals Lexis Step-by-step practical analysis of written and oral arguments, with expert advice on preparation and presentation.
First, because you will probably get more questions about it because since it was obviously more of a concern to your judge. Done well, it looks something like this: It's great to look knowledgeable, but it's bad to look showy. First, because the plaintiff has not met its burden of production of evidence on its account stated claims.
Road-mapping your responses to questions Imagine if the judge—your driver, remember—asked whether you thought it was a good idea to stop for lunch in the next fifteen minutes or so. Although focused on the legal analysis, the judges are attuned to fairness considerations and can be persuaded by them in a close case.
From the UCLA School of Law Moot Court Honors Program: Sample Title Page Sample Brief 1 Sample Brief 2 Sample Brief 3 Sample Brief 4 Sample Brief 5 Sample Brief 6 Sample Brief 7 Sample Brief 8 Return to Moot Court Competition Page Sample Moot Court Briefs.
From the UCLA School of Law Moot Court Honors Program: Sample Title Page. Sample. A Primer to Oral Argument For those yet unfamiliar with the in's and out's of moot court oral argument, the following should serve as a guide.
For further guidance, consult a member of the Moot Court Board and/or view a video recording of past Hardt Cup or Dean's Cup finals.
In other words, road-mapping isn’t just something you do at the beginning of your argument like a nervous law student spitting out an introduction in moot court.
It should be an integral part of your argument, your answers to questions, and your rebuttal. Address concerns of the court. One to two points – most important point first. If you obviously and/or materially misspeak, say “rather, ____” OR “pardon me your honors, what I.
law school’s first-year legal-writing course. Legal-writing courses, which culminate in writing a moot court brief and conducting a moot court oral argument, teach students to think like lawyers, a skill fundamental to practicing law and a necessary attribute to the good administration of justice.
law school’s first-year legal-writing course. Legal-writing courses, which culminate in writing a moot court brief and conducting a moot court oral argument, teach students to think like lawyers, a skill fundamental to practicing law and a necessary attribute to the good administration of justice.How to write a moot court oral argument sample