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THE MOOT COURT. What is Moot Court?. Constitutionality Different than a trial. You are not arguing facts and evidence to a single judge/jury. You are making legal arguments based on issues to a panel of judges. This is NOT Judge Judy.
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What is Moot Court? • Constitutionality • Different than a trial. You are not arguing facts and evidence to a single judge/jury. You are making legal arguments based on issues to a panel of judges. This is NOT Judge Judy. • Visit www.oyez.org to hear real US Supreme Court arguments. • All of the cases are historical cases that have been argued at the US Supreme Court level.
TheBasics: Circuit Court • Each lawyer team consists of 2-3 people • Each team is assigned EITHER Respondent or Petitioner • Each team argues their assigned side only • Each competitor is allotted 15 minutes to argue • Petitioners go first (both) – then Respondents (both) – then Petitioners’ rebuttal: 1) Petitioner 1 2) Petitioner 2 3) Respondent 1 4) Respondent 2 5) Petitioner 1 or 2 Rebuttal
The Basics Circuit Court Cont’d • Always rise when Judges enter. • Begin your arguments with: Joe Doe (your name), your honors, on behalf of the State of Michigan, the Petitioners… • Wait for the Judge to indicate that you may begin.
Things the Teacher is Looking For • Argument • Good roadmap and intro • Clear and concise • Concludes effectively • Knowledge of the Record • Aware of the cases’ strengths and weaknesses • Familiar with the facts and the law • Understands legal issues • Extemporaneous Ability • Employs direct answers • Responsive answers • Answers questions confidently • Courtroom Demeanor • No distracting mannerisms • Deferential, dressed appropriately
Dress/Attire - Men Men: suit (optional), tie (traditional colors), dress shoes, dress socks, dress belt, white or blue dress shirt,.
Dress/Attire - Women Women: pants suit or skirt suit, modest attire, dress shoes or low heels, hair out of face, if you have jewelry then keep simple, nothing that might make noise or distract from presentation
Courtroom Demeanor Put aside theatrics – you’re arguing the law, not facts Never, ever, ever interrupt the judges or talk over them. Don’t be argumentative. – Use transitions (“Respectfully, Your Honors, even if…”) Professionalisim!! • COMMON SENSE TIPS • No gum • Cell phones off • Back up all assertions with case law • Stop immediately when time is over
Oral Argument: Substantive Content of Argument, Knowledge of the Record, and Extemporaneous Ability “Tell them what you’re going to tell them, tell them, tell them again, and then tell them what you already told them.” *note, during Supreme Court hearing, the justice may (and most likely) will interrupt you at any time.
Introductions: Petitioners • 1st Petitioner: Good morning/afternoon/evening, your Honors. May it please the Court. My name is _________________. Along with my co-counsel (Mr./Ms.) ___________________, I represent Mr. John Doe, the Petitioner in this case. I will be addressing the __________________ issue, while my co-counsel will address ________________ issue. With the Court’s permission, I would like to reserve one/two minutes for rebuttal. • 2nd Petitioner: Good morning/afternoon/evening, your Honors. May it please the Court. My name is _______________, and I represent Mr. John Doe, the Petitioner in this case. As my co-counsel, _______________, already mentioned, I will be discussing the ___________issue.
Introductions: Respondents • 1st Respondent: Good morning/afternoon/evening, your Honors. May it please the Court. My name is __________________. Along with my co-counsel (Mr./Ms.) ___________________, I represent the State of Nowhere, the Respondent in this case. I will be addressing the __________________ issue, while my co-counsel will address ________________ issue. • 2nd Respondent: Good morning/afternoon/evening, your Honors. May it please the Court. My name is ___________________, and I represent the State of Nowhere, the Respondent in this case. As my co-council, (Mr./Ms.) ___________ stated, I will address the ________________ issue.
PURPOSE? • Clarify Issues and legal points • Clarify scope of claims • Examine the logic of claims • Examine the practical impact of claims • Lobby for or against particular positions • Ensure judges understand and focus on your claims • Correct misimpressions of fact or law • Demonstrate soundness of your position • Impress the judges positively and memorably Judges? Lawyers?
Putting it all together: Introduction • Mr. Chief Judge and Associate Judges (OR YOUR HONORS). May it please the Court. My name is ________________, and I represent the State of Bayside, the Petitioner in this case. As my co-counsel, _______________, mentioned, I will be discussing the that the search was within the scope of the warrant. • Your honors, the search of the Respondent’s home office was permissible for three reasons: First, the search of the Respondent’s home office was an area in where items described in the warrant could be located. Second, the police officers were acting in good faith and acted reasonably while conducting the search of the second room. Third, it was reasonable for the police to search the home office since the warrant included the “downstairs”. We ask this Court to reverse the Court of Appeals’ decision to suppress the evidence and reinstate the case District Court’s decision to admit the evidence. Transition 3 Argument Points Prayer for Relief
Your Argument • Your main argument should flow logically and transition smoothly from one point to the next. • Try to approach your oral argument as a conversation with the judges, and your chance to answer questions they may ask. • Anticipate broader applications of the rule you are advocating (this includes public policy arguments). • If you don’t know something, be honest. • “A good lawyer knows both sides of any issue!”
Your Argument Cont’d • Although this is an artificial environment, try not to draw attention to that fact. • Know your facts and cite to the record. Do not make up facts that are not in the record. However, you may make reasonable inferences. • If you cite cases outside of the record, be prepared to answer a lot of questions about those cases. This will take up a lot of your time! • Prepare yourself for questions from the bench. Try to figure out in advance what questions they might ask.
Answering Questions from the Bench • Tone and Deference: The key to a successful oral argument is to strike a balance between maintaining a conversational tone with the bench and demonstrating deference for the bench. When a judge asks a question, respond with something like, “Yes your honor” or “No, your honor.” If you disagree with something the judge says or if the judge says something that contradicts your argument, say something like, “Your honor, (insert Petitioner/Respondent’s name) would respectfully disagree because…” • When referring to a party: When referring to the Petitioner or Respondent, use their actual name whenever possible to avoid confusion. • I Think, I Feel, I Believe. The case is not about your personal opinion.
Answering Questions from the Bench • What if you don’t know the answer?
Ending Your Argument • Wrap up your argument and conclude, including telling the court what you want it to do (affirm, reverse, etc.). • If you run out of time: Let the judges know you are out of time, and ask for a moment to finish answering their question (if applicable) and briefly conclude. Then, briefly do that. Do not overstay your welcome. Example: “Your honors, I see that my time has expired. May I briefly conclude.” Your conclusion should be brief and it should include your Prayer for Relief. If you are in the middle of answering a question when the bailiff raises the STOP card, you should say something like “Your honors, I see that my time has expired. May I answer your question and briefly conclude.” Then you should proceed to answer the question. Once you answer the question, your conclusion should not include anything more than your broad assertion.
Ending Your Argument Cont’d • Ending the argument before time is called: Try not to end the argument before your 15 minutes is up. • you may want to rehash your strongest argument so that you end on a strong note. TIP: When you prepare your argument, include enough material to last the entire 15 minutes (in case you get a dead bench). Then, when you are practicing your argument, keep in mind that most judges will ask you a series of questions that will take up time. Finally, decide what material you absolutely must cover during the allotted time and what material would not matter to your argument if you ran out of time before you had a chance to cover it.
Hints and Tips • When addressing a Supreme Court case, consider your audience. • If you’re in the Circuit you might say, “the Supreme Court held” • If you’re in the SC don’t say “you held”; say “this Court held.” • Know how to pronounce case names and legal terms. • Take every answer back to case law.
Remember: • Each competitor is allotted 15 minutes to argue • Petitioners go first (both) – then Respondents (both) – then Petitioners’ rebuttal: 1) Petitioner 1 2) Petitioner 2 3) Respondent 1 4) Respondent 2 5) Petitioner 1 or 2 Rebuttal
Rebuttals • Asking for a Rebuttal: After all four of the competitors have argued, one of the petitioners gets a rebuttal. Either petitioner may do the rebuttal. • Petitioner 1: The first petitioner must ask the court to reserve time for rebuttal. • You may choose either of the following: You can subtract both minutes from one person’s argument or one minute from each. So if the petitioner wants two minutes for rebuttal time, two minutes will be subtracted from the petitioners’ primary arguments.
Rebuttals Cont’d • Length of rebuttal: Your rebuttal should only be about 45 seconds to 1 minute in length. It should briefly attack Respondents’ arguments that did the most damage to Petitioners’ position and re-assert why Petitioner has a better case. • Discussing new cases or arguments: Unless prompted by the judges, do not discuss new cases or new arguments during your rebuttal.
