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Hardt Cup 2014

Hardt Cup 2014. March 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

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Hardt Cup 2014

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  1. Hardt Cup 2014 March 26 – April 9

  2. Hardt Cup Coordinators Chris Girouard Zharna Shah Philip Tarpley hardtcup2014@gmail.com

  3. 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

  4. 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)

  5. 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!

  6. Tournament Structure

  7. 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

  8. 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)

  9. 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!

  10. 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)

  11. HardtCup 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

  12. 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

  13. 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

  14. 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

  15. 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)

  16. Argument Structure

  17. 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)

  18. 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

  19. 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

  20. 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

  21. How It Works: Your Argument Introduction Roadmap (Facts) Issue One Issue Two Conclusion Rebuttal (Appellant/Petitioner only)

  22. 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.”

  23. 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.”

  24. 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!

  25. 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.”

  26. 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

  27. 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)

  28. Style Tips

  29. 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

  30. 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

  31. 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

  32. 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

  33. Preparation

  34. 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

  35. 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”)

  36. 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!

  37. 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

  38. Honor Code

  39. 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.

  40. 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.

  41. 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

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