Oral Advocacy WorkshopPresented 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 19th - Friday, April 4th – Videotaping Session

•Wednesday, March 19th - Friday, April 4th – Oral Argument Practice Sessions

•Saturday, April 5th & Sunday, April 6th – 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 12-14 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: www.usfca.edu/org/mootcourt

• Email the Moot Court Board: usfmootcourt@gmail.com