Oral Advocacy WorkshopBrought to you by…

The Moot Court Board

Agenda• Purpose of Meeting• Professor Mounts• Upcoming Schedule• Logistics & Format• How to Prepare• Mock Argument• Future Moot Court

Opportunities• Questions?

The Purpose

• Transition from Written Brief to Oral Argument

• Reduce Anxiety• Answer Questions• Familiarize you with the

Format• Discuss various advocacy

techniques

Faculty AdvisorProfessor Mounts

Remaining Schedule

• Saturday, April 4 – Friday, April 17– Videotaping Session

• Monday, April 13, 4:00 pm– Case Counsel Applications

Available• Saturday, April 18 & Sunday,

April 19– Oral Argument Weekend

• Monday, April 20– Case Counsel Applications Due

Logistics and

Format

When do I argue?

• Saturday, April 18• Topics: A, B, C, D, E, F, M,

H, I  ...Yes, M

• Sunday, April 19• Topics:J, K, L, G, N, O, P,

Q, R  ...Yes, G

What Do I Wear?

• Professional Court Room Attire– Men: Business suit and tie– Women: Pant or skirt suit– Minimal accessories /

jewelry

• Conservative is key.

The Day of Your Argument

• Timeliness– Arrive at least 15 minutes

early.

• No Shows = No Credit• Check in at the Table.• Go to your scheduled room

and see your case counsel.

The Oral Argument• Tables will be labeled

Petitioner or Respondent.• Case Counsel will act as

bailiff and introduce the case• Reserving Rebuttal Time• Petitioner argues• Respondent argues• Petitioner gives rebuttal

Addressing the Court

• Once rebuttal time is reserved, Petitioner begins argument from podium.– “Good morning/afternoon your

honors, may it please the court, my name is ________, Counsel for Petitioner/ Respondent, ________. Would the court care for a brief recitation of the facts?”

• Be prepared with a BRIEF statement of facts

Introduction of the Case• Introduce the issues and

your position– There are 3 issues before

this court today.– Road Map: How the court

should rule and list the reasons.

• Be ready for questions from the judges.

Time

• Both sides have a total of 15 minutes

• Petitioner has the option to reserve up to 3 minutes of rebuttal time

Time Format

• Petitioner opens (15 minutes minus reserved rebuttal time)

• Respondent then argues for 15 minutes straight

• Petitioner finishes with rebuttal (for the amount of time reserved)

Time Cont’d• Be aware of Case Counsel and time

cards• Time cards come at 5, 2 and 0• If you finish before time runs out:

– Move to your prepared (long) conclusion.– Thank the judges for their time.

• If time runs out, say:– “Your Honor, I see that I am out of time,

may I have a moment to conclude?”– Wait for judge to answer.– If permitted, conclude in 30 seconds (use

short conclusion).

• Petitioner – If time runs out during your opening argument

Concluding Your Argument• Have both a short and long

conclusion ready (memorized)• At close of both arguments,

Case Counsel will say:– “Counsel may leave the courtroom

while the judges deliberate”– Return to the room with you when

judges have reached a decision• Judges will offer constructive

criticism• Always thank the judges for

their time.

The Judges

• Majority are USF alumni who want to see you do well.

• Different personalities• Different levels of

preparation

Preparing for Oral Argument

The Folder

• No single way to do it, but it is the key to a well-organized argument

• Front Introduction, Facts• Inside Left Case Summaries

– Cites, facts, holding, reasoning

• Inside Right body of argument

• Back conclusion(s)• Bring to videotaping!

Style & Delivery

• Be confident in your arguments and your preparation

• Enunciate your words and try to maintain eye contact with the judges

• Be yourself

Respect

• Respectful Equality: Be an intellectual peer, but be courteous and respectful

• Always address Judges as “Your Honor”

• This is a discussion, not a lecture, speech, or an “argument”

• Pay attention

Put Your Best Foot Forward• Start with your strongest

argument• Each argument should be

self-sufficient and independent of your other arguments

The Questions• Anticipate questions• More v. fewer questions• Stop, Listen, Understand, Answer• Don’t Understand? Ask to repeat

or for clarification• Never disregard or put off a

judge’s question• If you have no idea how to answer

– “Your Honor, I am unfamiliar with that case, but would be happy to submit a supplemental brief.”

• Outside the scope of the issues

Be Flexible

• Don’t rely on a script• Practice answering

questions and transitioning back to your road map

• Be ready for hypotheticals

How Should I Prepare?

• Practice• www.usfca.edu/org/mootcourt• Practice• Re-read problem, cases, statutes,

briefs• Practice• Use your Case Counsel• Practice• Take Advantage of practice sessions

offered by your CCs and La Raza /APALSA; Practice w/ your group

• Advanced Teams: Wednesday April 8 , 5:30p.m. and Thursday April 9, 12:30 p.m.

Mock Oral Argument Chan Kong Sang v. U.S. Government• Appeal to US Supreme Court• Chan Kong Sang is a native of the

People’s Republic of China.• Petitioner sought asylum based on

China’s coercive family planning policies and was denied refugee status by the immigration judge.

• The Board of Immigration Appeals used their streamlining procedure to affirm the IJ’s decision without an opinion. Petitioner argues that federal courts have jurisdiction to review the BIA’s decision to streamline.

• Petitioner: Elisa Cervantes• Respondent: Steve Disharoon

Dos and Don’ts• Do be on time. Don’t be late.• Do dress appropriately.• Do use formal language. No

slang.• Do remain professional with

the judges at all times.• Do be prepared and

organized.• Don’t interrupt.

More Dos and Don’ts• Don’t forget to turn off

your phone.• Don’t hit on the judges.• Do your best to answer the

judge’s questions• Do keep unnecessary

movements and gestures to a minimum.

Future Moot Court Opportunities• Case Counsel• Advocate of the Year

Competition• Advanced Moot Court

Competitions

Questions?• www.usfca.edu/org/

mootcourt• usfmootcourt@usfca.edu