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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!.
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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
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