Stone Moot Court Brief Writing and Oral Advocacy Workshop

Effective Oral Advocacy Stone Moot Court Brief Writing and Oral Advocacy Workshop September 24, 2012

Introduction to Oral Argument • How to prepare • Mechanics • Conduct

Preparing • Read brief and cases • Prepare responses • Write out intro and conclusion and MEMORIZE!

KNOW YOUR CASE! • Record and facts • Standard of review • Key cases • APPLY THE LAW

Structure • Start with a summary • Structure your argument • Back up each point

Believe It! • Be confident • Do not mumble • Do not look down - maintain eye contact • Stand up straight/still

How to Prepare?

Practice!

Mechanics • Each side - 30 minutes • Each speaker - 15 minutes • Appellants: Reserve up to 2 minutes for rebuttal

Mechanics • Arrive early, check in • Appellant on the left, Appellee on the right • All rise, judges enter, all sit • STAND UP when the clerk asks if ready and say YES

Mechanics • Clerk: “Appellant, commence your argument.” • First speaker for Appellant goes to podium and begins

First Speaker • “May it please the court” • Introduce yourself and partner. • Explain what each of you will show

First Speaker • Briefly outline your main points • Tell the court what you want them to do (affirm, reverse) • Begin your argument

First Speaker - Facts • Appellant: May ask court if it wants a brief recitation • Appellee: Mention only if the first speaker discusses and misstates

Second Speaker • First speaker finishes and sits down • Second speaker goes up to the podium • Introduce yourself • Explain what you will show • Start argument

Conclusion • Confidence! Last chance to “make a splash” • Write out one or two sentences summarizing argument and . . . Memorize!

Rebuttal • Only Appellants, only one team member • ONLY for things that demand response • Waive it if you do not need it

If Time Runs Out • Stop talking • Acknowledge • Thank the judges and sit • Middle of answering? • Acknowledge, ask if you may finish, briefly finish

If Time Remains • Pay attention to time – use last 30 seconds to conclude • Use memorized conclusion • Thank the judges, sit down

Judicial Deference • Never interrupt! • Do not show frustration • Listen carefully • Take 3 seconds and think • Eye contact • NEVER argue with a judge

Conduct • MINIMAL hand gestures • Be comfortable, but stand up straight • Do not use “I” or “we” • NEVER talk during someone else’s argument

Good Luck!

Stone Moot Court Brief Writing and Oral Advocacy Workshop