Advocate of the Year Competition 2007

1. Advocate of the Year Competition2007 Arrive early? Take a memo and a problem and sign in.

2. Available on the website:www.usfca.edu/org/mootcourt • Brief Template & Instructions • Meeting Memo • This PowerPoint Presentation

3. Agenda • Introduction • The Problem • Important Dates • The Brief – Instructions & Tips • Oral Arguments – Instructions & Tips • Final Notes • Questions

4. Introduction Moot Court Board 2007-2008 • Matthew Poole – Executive Director • Stephanie Chen – Advocacy Director • stephaniechen00@gmail.com • Danielle Tizol – Managing Director • Erin Schietinger – Topics Director • Jennifer Frost – Topics Director

5. The Problem - Facts • Crim Pro topic • Appeal to the Supreme Court • James Murphy is arrested for talking on his cell while driving, without a hands-free • Convicted of mail theft and drug possession after a search of his car incident to arrest • Moves to suppress evidence on the grounds that when an arrestee is cuffed in the back of the squad car, his vehicle should only be searched if there is reason to believe further evidence of his offense will be found inside

6. Procedural Posture • Motion to suppress was denied. • Petitioner appealed, Fourteenth Circuit agreed with Petitioner’s reasoning but was bound under Thornton to uphold District Court ruling. • Supreme Court granted cert.

7. Important Dates • Brief Drop Off • Tuesday, Sept. 18th • 9 am–11 am, 5:30 pm–6:30 pm • First Round of Oral Arguments • Either Saturday, September 29thor Sunday, October 1st • Quarterfinals and Semifinals • Saturday, October 6th • Final Round • Friday, October 19th @ 6:00 pm

8. The Brief • Format – same as 1L Moot Court brief • You choose the side • You will argue both sides during the first round of oral arguments • 16-20 pages • Nothing after 20 will be read • Blue cover for Petitioners / Red for Respondents (card stock) • Name on cover page

9. The Brief – Turn In • 3 copies due Tuesday, Sept. 18th • 9 am–11 am and 5:30 pm–6:30 pm • Moot Court Office, Zief 2 • Lower level next to TV lounge • You must turn it in and sign it in yourself • **LATE BRIEFS WILL NOT BE ACCEPTED!**

10. Oral Arguments

11. Oral Arguments • Rules for advancing will be posted on Moot Court Bulletin Board & on Moot Court Office door • Oral Arguments follow same format as 1L Moot Court

12. Some Final Notes • Use Statement of the Case as a starting point • Note the sole issue on appeal (footnotes 2 &3) • No cases after 9/1/07

13. Some Final Notes • Good faith effort, but keep in mind: • Judges are USF Alumni. They’re giving up a day of their weekend for a good show, so give it to them. • They also might work for a firm you’re interviewing with. • Personal pride.

14. Some Final Notes • Work in Groups • You may work with buddies, but you must write your own brief • After turning in your brief, share them with someone from the other side • Brainstorm potential questions, refine arguments

15. Some Final Notes • Be prepared to argue both sides • Practice • Practice • Then practice some more

16. Finally… Remember What You’re Getting Out of It • Resume Builder • Possible Writing Sample • Oral Advocacy Experience • Awards Given to Best Brief and Advocate of the Year • $$$ - $500 Gift Certificates to BARBRI for Best Brief / Advocate of the Year award recipients • Good times

17. Ready, Set, Go. • Be sure you’ve signed in before you leave • Check bulletin board / website for changes, postings, updates • Questions? Stick around.