Oral Advocacy Workshop Presented by The Moot Court Board

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

Important Dates Wednesday, March 19 th - Friday, April 4 th –Videotaping Session Wednesday, March 19 th - Friday, April 4 th –Oral Argument Practice Sessions Saturday, April 5 th & Sunday, April 6 th –Oral Argument Weekend!

Logistics & Format

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.

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.

Time Format Both sides each have a total of 15 minutes. The moving party will present their primary argument in 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.

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.

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.”

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.”

8 Tips For Oral Argument Success

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.

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.

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

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”

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”

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

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”

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

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

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.

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)

Questions? Moot Court website: the Moot Court Board: