Hardt Cup 2014March 26 – April 9

Hardt Cup Coordinators

Chris Girouard Zharna Shah Philip Tarpley hardtcup2014@gmail.com

What is Moot Court?

Moot Court is appellate advocacy No histrionics – you stand at a podium Professional style Quality, depth, and structure of legal

argument

What is the Moot Court Board?

Duke Law’s “Moot Court Team” ~10% of Each Class How to get on:

Hardt Cup (1L only) Dean’s Cup (2L + 3L only) Jessup Cup (International Law, entire school)

Why Join the Board?

Build confidence Learn how to simplify complex legal arguments effectively Set yourself apart

“Moot court or journal preferred” Improve writing and public speaking skills Build relationships with fellow students and with faculty Participate in interscholastic competitions It’s fun!

Tournament Structure

The Hardt Cup

1L Tournament The entire class must compete in the first round Your choice to remain in the tournament after

Round 1 (you opt in to all later rounds). Your first chance to engage in appellate advocacy First opportunity to join the Moot Court Board if

you opt into Round 2

Hardt Cup Format: Round 1

Round 1: Wednesday, March 26 – Saturday, March 28 Everyone competes (that means you!) 2 arguments, 1 night: one as Appellant, one as

Appellee Compete against people in your LARW section 2-judge panels Judges are 2L and 3L students on

the Moot Court Board 10 minute argument for each side (including 1-2

minute rebuttal for Appellant)

Hardt Cup Format: Opt In

Voluntary After Round 1 We hope you sign up to remain in the tournament, but

participation is optional after Round 1 Procedure

Follow this link to sign up http://tinyurl.com/HardtCup14OptIn

Once you opt into Round 2, you are committed to arguing every round until you are eliminated

Be careful not to miss your deadline – no exceptions!

Opt-In Deadlines

Friday, March 28 (10pm) Section 1 (Dimond) Section 2 (Reeves) Section 4 (Mock) Section 5 (Ragazzo) Section 6 (Rich)

Saturday, March 29 (10pm) Section 3 (Mullem) Section 7 (Powell) Section 8 (Baker)

Hardt Cup Format: Round 2

Round 2: Monday, March 31 – Tuesday, April 1 Same parameters

Student judges 1 argument on each side (2 arguments total)

New case Materials provided via email 48 hours in advance (case

+ 4-5 other cases to use in building your argument) Limited Universe: you can only use the material provided

and cannot consult anyone else 4-6 hours to prepare (don’t skip class!)

Following Round 2, the top 64 competitors will be invited to move on to Round 3

Hardt Cup Format: Round 3,

Round 3: Friday, April 4 If you move on to Round 3, you must compete Same case, different legal problem

Following Round 3, the top 10% of the first-year class will be invited to join the Moot Court Board

Octofinals, Quarterfinals, Semifinals

Octofinals: Sunday, April 6 Top 16 competitors will move on to Octofinals Judged by panel of three Moot Court Board members

Quarterfinals: Monday, April 7 Top 8 competitors Judged by law professors 15 minute arguments per side

Semifinals: Monday, April 7 Top 4 competitors Judged by practitioners 15 minute arguments per side

Hardt Cup Format: Final Round

Finals: Wednesday, April 9 Panel of 3 prestigious federal/state judges It’s the real deal – and great experience 15 minute arguments (2-3 minute rebuttal) Same rules apply – limited universe, no outside

help, no skipping class

Board Invitations

Top 10% of 1L Class will get an invitation to join the board from the Hardt Cup ~ Top 21 competitors

Performance is on an individual basis If you don’t make it, you can try again as a 2L

in: The Jessup Cup (in the fall) The Dean’s Cup (starts in fall, ends in spring)

Argument Structure

Parties

In Federal Circuit Court Appellant (the party appealing) vs. The

Appellee (the one who won below) In the Supreme Court:

Petitioner (the one appealing) vs. The Respondent (the one who won below)

How It Works: Before Your Round

If the room is occupied, knock once and wait for the room to clear If the judges have left when competitors enter the room,

competitors should wait for the judges to knock on the door and re-enter

When judges enter the room, both competitors must stand Judges will often handle paperwork beforehand

Score sheet information Rebuttal time

After formalities have concluded, the judges will signal the appellant/petitioner to approach the lectern and begin

How It Works: Structure

Each side gets 10 minutes Appellant/Petitioner begins

May reserve 1-2 minutes for rebuttal (1 is recommended) If you end early, you may reserve the remaining time for

your rebuttal Appellee/Respondent

No Rebuttal – use all 10 minutes in one go Appellant/Petitioner Rebuts

Focus on 1 (maybe 2) issues for your rebuttal 1-2 minutes runs quickly – keep it simple and to the point

How It Works

Moot Court is a competition Scoring:

20 points possible for each argument 10 for style

Clarity of presentation Responsiveness to questions Use of appropriate formalities Presence of verbal tics

10 for substance Command of fact pattern Well-supported, reasoned claims Knowledge and understanding of relevant law Substantively correct answers to questions

How It Works: Your Argument

Introduction Roadmap (Facts) Issue One Issue Two Conclusion Rebuttal (Appellant/Petitioner only)

Basic Argument Structure

Introduction: Circuit Court

“May it please the Court, my name is ______ counsel for the ______ (Appellant/Appellee), _______ (their name).”

Address judges as “Judge Posner” or “Your Honor” Supreme Court

“Mister/Madam Chief Justice, and may it please the Court, my name is ______ counsel for the ______ (Petitioner/Respondent), _______ (their name).”

Address justices as “Justice Kagan” or “Your Honor”

Rebuttal (Appellant/Petitioner Only): “With the Court’s permission, I would like to reserve __ (1-2)

minutes for rebuttal.”

Basic Argument Structure

Theme: “Your Honor, this case is about ____ (theme).”

Something that catches their ear. Sum up the case into a few words – very powerful.

Prayer for relief and roadmap: “This Court should _____ (affirm/reverse) the lower court, and

hold that _______ for ____ (number) main reasons: First, ___________, Second, __________, and Third, ______________.”

Short phrases – think topic sentences: Ex: “First, because justice demands it. Second, because of this

Court’s holding in Smith v. Taylor. And third, because I said so.”

Basic Argument Structure

Facts (Appellant/Petitioner only): “Would the court care for a brief recitation of the facts?”

Most judges will say “no” If the judge says yes, keep it short & simple Appellee/Respondent only offers facts if Appellant/Petitioner made

serious errors with LEGAL significance

Argument: Start with a thesis (like your opening, but with more detail) Apply facts, utilize case law Transition to your next point Do your best to follow your argument (go through point 1, then 2,

then 3) but answer the judges questions This mirrors the structure of your appellate brief!

Basic Argument Structure

Conclusion: If you see 1 minute remaining, try to move to your concise

conclusion There is no need to ask permission to do this Incorporate your legal conclusions into the result you seek: “Thus, _____ (short summary of point 1). _____ (short

summary of point 2), and because _______ (short summary of point 3), this Court should _______ (affirm/reverse) the lower court’s decision and hold that _______. Thank You.”

If you don’t have time: “For the foregoing reasons, this Court should _______

(affirm/reverse) the holding of the court below. Thank You.”

Answering Questions

Conversational tone Be respectful

Begin your answer with “Yes, your honor” or “No, your honor” before getting to your answer.

Be concise with every answer, you only have 10 minutes Do not say, “I’ll answer that later in my argument” Transition back to your argument:

Yes, Your Honor . . . _________ (answer the question), and, as you can see, your question actually goes to my second point . . .”

Be smooth

Timekeeping

During Rounds 1, 2, & 3 One of the judges will keep time He or she will hold up a card at 5 minutes (“5”), 1 minute (“1”), and

at the conclusion of your time (“Stop”) If the “Stop” sign is raised while you are still speaking, stop speaking

and ask for permission to conclude If you are in the middle of a statement, ask, “Your honor, I see that my

time has expired. May I briefly conclude?” If a judge has asked you a question, ask, “Your honor, I see that my

time has expired. May I answer your question and briefly conclude?” Answer as quickly as possible and wrap up

You will be docked points for dragging this out

During the final rounds a bailiff will keep time Look at the bailiff to acknowledge the timecard but do not nod or

thank him (this is distracting to the panel)

Style Tips

Presentation Style

Be confident! Speak clearly and slowly Speak naturally Speak respectfully (this is a formal presentation)

Maintain eye contact when possible When responding to a judge’s question, make eye contact with the entire panel Hold eye contact with a judge for a few sentences, then move to the next judge

Don’t read your argument! You should have your opening and conclusion MEMORIZED Refer to notes only if needed Don’t script your argument – prepare an outline/bullet points with relevant case

law to cite

Speaking to the Court

Be deferential Judges will interrupt you whenever they want If a judge begins, STOP – don’t speak over a judge Judges can be belligerent; they are testing your

composure, so remain cool and confident Address the judges by name: “Yes, Judge Easterbrook,

the case can be distinguished” You can also address them as “Your honor” In the Supreme Court, “Justice Kagan/Mister Chief

Justice” Wait until the panel is ready to begin your argument

Speaking About Your Opponent

Never speak to your opponent. Only address the Court

Be polite “Opposing Counsel…” “Appellee/Respondent characterizes this case

as…” Do not accuse your opponent of lying Do not attack your opponent personally

Standing at the Lectern

You want the court to focus on your argument, not you Stand up straight Be steady (do not shift your weight so often that it

becomes distracting) Keep your hands at the sides of the lectern and do not

lean on the lectern Hand gestures are acceptable for emphasis but should

be used sparingly so as not to be distracting

Preparation

How to Prepare (I)

Practice explaining your case out loud in simple terms Practice saying your Introduction and Conclusion aloud.

Focus on making positive points for your side rather than ranting about why the other side is wrong

Outline your argument (1-2 pages) Keep it simple Keep this outline in your folder and refer to it as needed. Try not

to look down if you can avoid it. This is a conversation, not a speech! Anticipate questions and prepare responses

How to Prepare (II)

Use the cases! Cite cases to build your interpretation of the law Use the cases to make comparisons and analogies Refer to cases by name. “As the 4th Circuit held in

Pittman v. Hardt . . .” When referring to precedent in the sitting court, say,

“As THIS COURT held in Duke v. Vandenberg . . .” Say the full name of the case the first time, then the

shortened version throughout the remainder of your argument (“Pittman directly addressed this issue”)

What to Bring Up With You

Folder with 1-2 page outline of your argument Big font! Bullet Points Avoid writing full sentences. You will end up reading from your

paper instead of engaging with the judges. Ideas:

Table of Authorities from Appellate Brief Short case summaries with key facts List of facts from your case Don’t worry too much about cites to the record. Just know your

facts Roman numerals/numbers to keep your bearings if you get lost!

Attire

Business formal attire Dark suit, dress shirt, dress shoes (tie for guys)

Keep your hair out of your face/eyes This is not time to show off your newest fashion. You want to be remembered for your argument,

not your rad, hot-pink Converses and yellow Wayfarers

Honor Code

Honor Code

Duke Law takes the Hardt Cup very seriously Hardt Cup is part of your LARW grade

Be on time! You are responsible for your schedule. If you don’t show up, your competitor can’t compete If you miss a first round argument, LARW trouble If you miss a later round, slim chances of making board

DO NOT TALK ABOUT THE CASE TO OTHER PEOPLE.

Calm Down

Deep breaths If you put in the work, you will do fine—really. You’ll find that this is a lot of fun Do not miss class for this.

Questions?

Moot Court Skills Sessions! Tuesday, March 18 @ 3:00 PM, 3041 Tuesday, March 25 @ 3:00 PM, 3041

Talk to Zharna, Chris, or Phil in the hall Email us at hardtcup2014@gmail.com