ORAL ARGUMENT GUIDELINES

What is an Oral Argument? y y y y This is where you can demonstrate the worthiness of the position you are presenting to the Court. You explain what is written in your memoranda and talk to the Court about the case. Listen to the Court s concerns You answer questions of the Justices/Judges and clarify any misunderstandings which the court may have about the client s position and your argument.

Oral arguments are both similar to and different from events such as team debate. Similarity of DEBATE and ORAL ARGUMENT: y y Both require understanding of different sides of the issue positive and negative, petitioner and respondent, plaintiff and defendant. Both are done extemporaneously. Reading a prepared speech is practically not allowed.

How does ORAL ARGUMENT differ from DEBATE? y y In debate, opposing parties argue against each other, address each other s questions and issues. In oral argument, the parties address all the questions before the Justices/Judges. In a way, Attorneys do not argue at all, but rather enter into a dialogue with the Justices, explaining their positions in the style of a discussion or conversation, but one based on how the law is applied to the case at hand.

The goal of the oral argument is to help the Justices understand the case and to win them over to one s own side. Therefore, think of the Justices as allies to be won over and not enemies to be confronted Organizing an Oral Argument y Unlike a prepared speech in a legislative body or at an interscholastic competition, an oral argument is flexible. Justices can interrupt a speaker and ask questions at any time. Attorneys need to have a thorough understanding of their case so a change of pace or subject does not diminish their presentation. To create an effective oral argument, prepare an outline of the points you plan to cover, but one flexible enough to change as needed.

Anticipate questions that may be asked and design your outline so that you already have many answers covered. This way, most questions will not take time from your presentation; they will just rearrange the order in which you present your points.

ORAL ARGUMENT presupposes that: y y y y You have completely understood the facts and issues of the case You know the applicable laws and jurisprudence You understand both sides of the case You have mastered the arguments and principles cited in your memorandum

Time Limits y APPELLANT is given a total of 20 minutes. The recommended procedure is to present the argument for 15 minutes and reserving 5 minutes at the end for rebuttal of the respondent s argument. RESPONDENT is given a total of 15 minutes with no rebuttal. The reason the respondent gets less time is because the respondent is arguing for the decision already made in a lower court.

However, it is a good idea for each team to plan their total argument to run no more than 12-13 minutes, leaving time to spare for unanticipated questions during the hearing. Hence, below is the suggested speech structure: 1. INTRODUCTION (30 seconds) 2. GIVE AN OUTLINE OF YOUR ARGUMENTS (1 minute) 3. MAIN ARGUMENTS (about 10 minutes) 4. CONCLUSION (about 1minute) A successful argument is not one where every point is addressed, but rather one where the Justices are convinced to rule in your favor. Required Speech Components: y y y Introduce yourself: If I may please the court, my name is Atty.___________________. Introduce the main line of argumentation of your side (Petitioner, Respondent) Give the approximate time for the speeches

Flow of the Arguments

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Focus on at most three issues. Each attorney presents in turn the substantive argument for each of the issues. Remember to lead with your strongest argument. Develop your arguments using law and logic. Factual statements or arguments of law must be able to be backed up by the resources in the case packet. Give the link between your argument and the issue

Concluding Statements y y In summarizing the arguments, be focused and active. This part of the presentation is what the Justices will remember best, so be interesting but direct to the point. At the end of the argument, tell the court exactly what you want them to do; i.e., to uphold or overturn the lower court s decision. Always do this! Even if time is called, you can still ask if u can finish your sentence, (which is generally granted) then state, In closing, we ask the court to (uphold or reverse) the decision of (the lower court).

Rebuttals and Surrebuttals 1. Rebut only the points raised in the oral pleadings and in the memorandum (NOTE: prepare possible rebuttals for possible arguments) 2. What to rebut y Errors of law raised by the opposing counsel y Errors of fact y Logical errors e.g. non sequtur arguments, faulty logic y Misrepresentation of issues 3. How to rebut 3.1. REBUT THE POINT a. Direct: the argument is wrong and why it is wrong b. Indirect: While the argument might make some sense, it is not the best solution. 3.2. RELATE IT TO THE MAIN ISSUE 3.3 STRENGTHEN YOUR CASE BY SHOWING THAT YOUR ARGUMENTS ARE MORE TENABLE 3.4 SUMMARIZE YOUR CASE 4. What not to rebut: POINTS or ISSUES NOT RAISED. NO NEW MATTER.

Judges Interruptions

Judges are free to ask a question whenever it occurs to them. This can be unnerving, interrupting your whole train of thought. Hence, the speaker must be reminded of the following: y y y y The need to know the case thoroughly. To understand the strengths and weaknesses of the arguments. To anticipate what the other side is likely to argue. To structure each point of the argument so it can stand alone without depending on happening in the order one originally planned.

Guidelines to keep in mind in handling questions from justices y y y y Answer the question directly Keep your answer short When asked to explain, do not beat around the bush If you do not know the answer, be honest about it.