For those who are new to moot court oral arguments, the following should serve as a guide. For more information, contact a member of the Advocacy Board and/or watch a video recording of the Hardt Cup or Dean Cup finals. You should have an overview of your reasoning and be prepared to move forward if you are not interrupted early, but you are unlikely to pass many of your remarks as they were prepared. Therefore, be sure to reinforce the most important aspect of the case at the beginning and try to articulate the subject of your argument in the first sentence or two. “If possible, invite a former employee of your real judge (or judges). Avoid inviting loudmouths or dominant personalities, or be prepared to subdue them. To avoid becoming one of those bad supporters (or something similar), here are some do`s and don`ts for your oral arguments. Oral arguments are supposed to be a conversation between you and the court. It should be an exchange of ideas between you and the judges.

This means that you want to maintain as much eye contact as possible and remain flexible in order to enter into dialogue with your panel. 2. Invite a diverse panel. Your panel should include a mix of subject matter experts and generalists. Subject matter experts who specialize in the relevant area of law, industry or technology won`t let you give superficial answers. Generalists will address issues that subject matter experts may overlook or take for granted, such as basic facts, industry customs, civil procedures, and parallels to other areas of law, which play a role in court. · Know your monument well and be prepared to defend what it says. You may be asked something about this that is not included in your prepared argument. “Only quote the names of cases if (1) the legal standard is challenged and you try to convince the court that your version of the rule is the correct one, or (2) you equate it to a case to show the court why it should decide for you.” 6. Allow persistent questions. It is frustrating to come to a moot court that is prepared with a series of questions that you deem important, only to find that you are unable to get a word. The designated “chief” should therefore ensure that the invited judges have the opportunity to ask all their questions at the end.

Fortunately, moot courts don`t need to be tied to strict deadlines – so everyone has time to exhaust their ammunition. Fortunately, most intramural contests don`t require you to write a letter, but a record of the problem and often a basic banking memo outlining the possible arguments for each game. But where do you start with this information? With the start of another law school comes not only the madness of falling back into routine for 2L and 3L, but also the balance between classes, homework, internships, and part-time office workers. Add to that a law review, a mock court, bar associations and other extracurricular activities, and life becomes chaotic again. Some moa judges are familiar with key authorities, so be prepared to answer questions about how these cases will take place as well as the reasons for the relevant implications. If you don`t have time to read the entire opinion, read the court`s decision on the issue, the relevant section, and how the court applied its reasoning to the facts. At the very least, you need to be able to understand how this case applies to your case, how the facts are similar or different, and how the court ultimately decided. “Being able to steer the conversation smoothly between questions and arguments.

It also creates a compelling but talkative style that puts judges at ease. Set aside little time for rebuttal. Use this time to present a counter-argument to some of your arguments about what your opponents have said. New arguments in favor of one`s own position are prohibited and may result in a penalty. “Don`t react to every point your opponent makes. Just beat the biggest or two biggest ones on which his argument is based. Leave the court with the feeling that you want to choose sides and how you should do it. Whether in a trial or appellate court, lawyers must diligently prepare for oral arguments with effective mock hearings.

Appellate attorneys Andrew Nichols, a shareholder in Charis Lex, and Steffen Johnson, a partner at Wilson Sonsini, say the keys include maintaining the role and holding multiple meetings. 5. Let new faces guide. Even if your case is before a specialized court (for example.dem the Federal Circuit), your real judges will usually come to the cold case. For this reason, the reaction of the guest judges usually predicts how the real judges will react better than that of the core team. The “Chief Justice” should therefore ensure that guest judges can take the lead. This is a basic courtesy for those who help for free, and it ensures that you get the full value of those who are paid. Insiders can follow – or talk to you later. “Be aware of the questions you are likely to be asked. While you may not remember the answers to these questions, you need to know in advance how you want to answer.

Internalize the content of these answers, rather than memorizing the words, so that you can frame your arguments to match the judges` actual questions. “Be confident. Even great supporters aren`t perfect, and not all cases are winners, but presenting your arguments with certainty and speaking in a clear and direct tone makes all the difference. Remember that arguments are short and spending too much time on quotes takes away the substance of your argument. It`s great to look well-informed, but it`s bad to look flashy. 4. Explain the ground rules. One of the reasons moot courts escalate into ATM sessions is that no one is told not to give.

To maintain order, we like the proposal by Dori Bernstein, former director of the Supreme Court Institute at Georgetown, to appoint a panelist as “chief justice” to explain and enforce the rules. If someone else plays the traffic cop, you can stay in the role of respectful lawyer. A written introductory oral argument guide for beginning students participating in a moot court competition. 8. Keep a list of questions asked. Designate a team member to keep a list of questions asked and take notes, especially on topics you`ve had problems with. This allows you to focus on answering questions instead of taking a break to play the writer. The resulting document is a great starting point to prepare for the next argument or the argument itself. “Support your reasoning so that if it turns out that a judge disagrees with your position on something, you can say that even if the court doesn`t accept that premise, you should still prevail on closer ground.” In our experience, however, not all moot courts are created equal. Here are 10 keys to ensure that your fictional land gets maximum results.

1. Stay in the role. A mock court is not a session of bulls. It`s a simulation of the actual argument – meaning you have to feel the pain of giving a weak answer while the judges ramp up the pressure with more difficult questions. Just as there is no lifeline in court, there should not be one in shell courts. It is normal to say, as you might do in court, “Let me explain it differently.” But you shouldn`t rank or talk about junior pleading panelists — be as polite as you are in court — and save the discussion for feedback time. After practicing the arguments on your own a few times, practice in front of a friend or make a video of yourself. Yes, I said that.

Not many of us like to watch a video, but it can be a great way for you to see your ticks nervous and fix your problems. So write your introduction, try it out, and invite feedback during the feedback period. Thanks to the comments on the introduction, the introductions were revised and the arguments changed. · It is possible to refuse to use your rebuttal or rebuttal period if you feel that the arguments of your opponents do not need to be refuted. It is rare not to take advantage of the rebuttal period. 9. Practice your introduction. In all courts, but especially in the United States. Supreme Court, the first minute or two minutes are crucial – preparing for a discussion on your chosen ground or diving into a quagmire from which it is difficult to escape. But where is this favorite terrain? That`s a great question for your shell judges. A better test, in our view, is the difficulty with which you found the argument in relation to the pleadings. If the argument was simpler than the pleadings, the pleadings did their job.

And we believe you have the best chance of achieving this goal if you follow our 10 suggestions. But you don`t need a Supreme Court case to benefit from shell courts. Every important argument – even on a device request – will improve in the crucible of the moot court. There is simply no substitute to represent your case in front of a group of smart, well-prepared colleagues who can answer questions, evaluate your answers, and provide honest feedback. Today is the “first Monday” when the U.S. Supreme Court returns to the bench to hear its first arguments of the term. This annual milestone reminds us that, when preparing for the hearing, only a few steps are as important as a moot court. 10. Hold more than one. Fictitious terrain is not the time to cut sails. You should usually do two, and if the stakes are high enough, three or more: the first to identify your biggest weaknesses, the second to correct those weaknesses and discover everything that was missed by the first panel, and the third (or more) to narrow down your answers. “Be prepared for all levels of knowledge of a judge.

You never really know in advance whether you have a judge who has looked at the judiciary or a judge who has spent a 30-year career practising in the very area of law you are talking about.