oral advocacy workshop presented by the moot court board
TRANSCRIPT
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Oral Advocacy WorkshopPresented by
The Moot Court Board
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Meet Your Case Counsel
Case Counsel
•Yuki Cruse•Alexandra Martin•Brittany Roberto•Amber Eklof•Travis Marderosian•Adrianne McMillan•Alexander Guney•Tenette Smith•Elisha Yang
Professor/LRWA Section
•Prof. Mikulak, Section 5•Prof. Mikulak, Section 1•Prof. Vu, Section 4•Prof. Vu, Section 8•Prof. Ho, Section 2•Prof. Alexander, Section 9•Prof. Hum, Section 6 •Prof. Kim, Section 3•Prof. Kim, Section 7
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Important Dates
•Wednesday, March 19th - Friday, April 4th – Videotaping Session
•Wednesday, March 19th - Friday, April 4th – Oral Argument Practice Sessions
•Saturday, April 5th & Sunday, April 6th – Oral Argument Weekend!
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Logistics & Format
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What Is Moot Court?
• You will be making oral arguments based on the topic that you have been working with in your LRWA class.
• Your arguments will utilize facts and law to convince the judges to rule in your favor.
• The judges will be USF alums, and possibly some 3L students, who have been through the Moot Court process.
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What is the Structure of an Oral Argument?
• The party that brings the motion (the moving party) will argue first.
• The opposing side will then give their entire argument.
• Lastly, the moving party will have a chance to make a rebuttal argument.
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Time Format
• Both sides each have a total of 15 minutes.
• The moving party will present their primary argument in 12-14 minutes.
• The non-moving party then argues for 15 minutes straight.
• The moving party finishes with rebuttal for 1-3 minutes.
• Your Case Counsel will act as a bailiff and will keep time for the arguments.
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Introduction of the Case
• “Good morning/afternoon Your Honors, may it please the Court, my name is ________, counsel for Plaintiff/ Defendant, ________. Would the Court care for a brief recitation of the facts?”
• Be prepared with a BRIEF statement of facts, no longer than 1 minute.
• Introduce the issues and your position:– “There are _____ issues before this Court today.”
– Then list the major issues and how the Court should rule.
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Handling Questions• Judges will interrupt you with questions as you make your argument.
• Answer them to the best of your ability.• Ask the judge to repeat or rephrase the question.
• Don’t be afraid to disagree with a judge, but disagree respectfully.
• Avoid answering using “I think” or “I feel.” Instead use authoritative statements such as “the law states” or “the facts indicate.”
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Concluding Your Oral Argument
• When you see the bailiff hold up the “0” time card, say: “Your honors, I see that I am out of time, may I have a brief moment to conclude?”
• If the judge asks you a question when you see the 0 timecard, ask the judge if you can have a moment to address the question.
• Always end with, “Thank you your Honors.”
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8 Tips For Oral Argument
Success
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Tip #8: Finish Strong!
•Prepare both a long and short memorized conclusion.•End with your strongest point.•Your last sentence should reiterate how you want the court to rule.•No Hollywood monologues.
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Tip #7: Organize your oral argument folder!
• We recommend the following format:– Front cover: Introduction, Facts– Inside left: Case summaries– Inside right: Body of argument in bullet-point format•Put arguments in order of strongest to weakest
– Back cover: Conclusion• Your Case Counsel will have examples.
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Tip #6: Look the part!
• Professional Court Room Attire– Men: Business suit and tie– Women: Pant or skirt suit– Minimal accessories / jewelry
• Conservative is key– Nordstrom Rack– Target– H&M– Jos. A. Bank– Boutique Goodwill in West Portal
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Tip #5: Be respectful!
• Be courteous and respectful to your opponent– When your opponent is speaking, pay attention
• Be courteous and respectful to your judges– Address the judges as either “Your Honors” or “Judge”
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Tip #4: Minimize distractions!
• Plant your feet– Don’t dance around the podium
• Minimize hand gestures• Turn off your phone (or don’t bring it in the room)
• Pin your hair up and out of your face
• Remove jingly keys or coins from pockets
• Omit “ums” and “uhs”
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Tip #3: Handle questions like a pro!
• Stop, Listen, Understand, Breathe, … then Answer– Don’t Understand? Ask for a repeat or for clarification
– Never disregard or put off a judge’s question
– If the question is outside the scope of the topic, politely remind the judge of this, then steer them back within the appropriate confines
• During your practices, anticipate what the judges will ask and prepare appropriate answers
• Last resort response
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Tip #2: Be flexible!• Don’t rely on a script• Practice answering questions and transitioning back to your road map
• Be ready for hypotheticals• Treat the oral argument as a discussion, not a lecture, speech, or “argument”
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Tip #1: Practice, practice, practice!
• Re-read the problem, cases, statutes, briefs
• Meet with fellow students to practice
• Attend additional practice sessions offered by:– Your Case Counsel– Competition Teams– Student Groups
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Mock Oral Argument
Conner Daniels v. Stephen Bell
• Alex Martin, representing Petitioner Conner Daniels
• Amber Eklof, representing Respondent Stephen Bell
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The Day of Your Argument
• PLEASE SHOW UP ON TIME– Arrive at least 15 minutes early.
• Check in at check-in table in the rotunda.
• Go to your scheduled room and wait outside for your case counsel.
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Future Moot Court Opportunities
• Advocate of the Year Competition – “AYC” (Fall semester)
• Case Counsel Program• External Competitions Teams• Moot Court Information Session:
– Monday, March 31st (tentative)
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Questions?• Moot Court website: www.usfca.edu/org/mootcourt
• Email the Moot Court Board: [email protected]