Oral Advocacy Workshop

1. Oral Advocacy Workshop Presented by The Moot Court Board

2. 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

3. 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!

4. Logistics & Format

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.”

10. 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.”

11. 8 Tips For Oral Argument Success

12. 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.

13. 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.

14. 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

15. 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”

16. 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”

17. 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

18. 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”

19. 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

20. Mock Oral ArgumentConner Daniels v. Stephen Bell • Alex Martin, representing Petitioner Conner Daniels • Amber Eklof, representing Respondent Stephen Bell

21. 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.

22. 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)

23. Questions? • Moot Court website: www.usfca.edu/org/mootcourt • Email the Moot Court Board: usfmootcourt@gmail.com