2009 Moot Court Handbook

UNIVERSITY OF SAN FRANCISCO

SCHOOL OF LAW

MOOT COURT
HANDBOOK
2009

2008-2009 Moot Court Board

Executive Director
Phillip Babich

Managing Director
Stephen Hew

Topics Director
Stewart Kellar

Topics Director
Jennifer Stanger

Advocacy Director
Lailah Morris
Faculty Advisor: Professor Suzanne Mounts
Program Coordinator: Assistant Professor of Legal Writing Edith Ho
Moot Court Board Office: Zief 02 Phone: 422-5118

2009 Moot Court Handbook

TABLE OF CONTENTS
2009 SCHEDULE

iv

I.

NATURE AND PURPOSE OF THE MOOT COURT PROGRAM

II.

THE PROBLEM: Statement of the Case and Statement of Facts

A.
Statement of the Case
B.
Statement of Facts
C.
Court and Jurisdiction
1.
Real Courts and Jurisdictions
2.
Fictitious Courts and Jurisdictions

1
1
1
1
1
2

III.

THE MOOT COURT BRIEF

A.
Overview of the Moot Court Brief
B.
Coordination with Case Counsel
C.
Research
D.
Use of Authority
E.
Formal Brief Requirements
1.
Cover and Title Page
2.
Table of Contents
3.
Table of Authorities
4.
Introduction
5.
Statement of the Case
6.
Statement of Facts
7.
Summary of Argument
8.
Standard of Review
9.
Body of Brief
a.
Point Headings
b.
Substantive Argument
10.
Conclusion
11.
Signature Block
F.
Format Rules

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2
3
3
3
3
3
4
4
4
4
4
5
5
6
6
6
6
7
7

IV.

THE ORAL ARGUMENT

A.
Introduction
B.
The Presentation
1.
Mechanics of the Presentation
2.
Recitation of the Facts
3.
Body of the Presentation
4.
Concluding Your Presentation
5.
Handling Judges Questions
6.
Style
7.
Deliberation by the Court
C.
Preparations

7
7
7
7
8
8
9
9
10
10
10

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V.

CREDIT AND AWARDS

A.
Academic Credit
B.
Evaluation of Briefs and Oral Arguments
C.
Awards

11
11
11
11

VI.

MEMBERS OF MOOT COURT

A.
The Executive Moot Court Board
B.
Case Counsel

12
12
12

Appendix A

A-1

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2009 Moot Court Handbook

2009 SCHEDULE
March 16

Topic Assignments Posted

March 17-30

Sections 1, 2 & 3 - Moot Court Brief Writing

April 1 or April 2

Oral Advocacy Workshop (Students attend one one-hour

session, assigned by Section #)

April 2 - April 17

Oral Arguments Preparation/Videotaping

April 18 & 19
(Saturday & Sunday)

Oral Arguments

Sections 1 & 2: Petitioners & Respondents:

Topics Handed Out
Section 1: Tuesday, March 17, 4:30 p.m. - 5:20 p.m.
Section 2: Tuesday, March 17, 4:30 p.m. - 5:20 p.m.
Turn in Briefs
Section 1: Monday, March 30, 11:00 a.m. - 1:00 p.m.
Section 2: Monday, March 30, 8:50 a.m. - 10:50 a.m.
Section 3: Petitioners & Respondents:
Topics Handed Out: Section 3: Tuesday, March 17, 5:30 p.m.-6:20 p.m.
Turn in Briefs: Section 3: Monday, March 30, 4:20 p.m.-6:20 p.m.

Format of Briefs
Each participant must turn in eight (8) copies of his or her brief.
Include a cover and title page.
Covers for Petitioners briefs are Blue cardstock front and back.
Covers for Respondents briefs are Red cardstock front and back.
Briefs must be bound at the left margin by three staples.
Briefs must be turned in to the Moot Court Office, Zief 02 by the deadline specified.
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I.

2009 Moot Court Handbook

NATURE AND PURPOSE OF THE MOOT COURT PROGRAM

The University of San Francisco School of Law Moot Court Program provides each
student with a supervised exercise in appellate advocacy. Students research and write an appellate brief
about a fictitious case on appeal. Students then receive training in oral advocacy and will deliver an oral
argument before a panel of judges.
The Moot Court experience is demanding. Students must not underestimate the amount
of work involved in Moot Court. All students are expected to devote sufficient time and effort to writing
the brief and preparing oral arguments so that both will be of high quality. The skills developed during
Moot Court are critical and will be invaluable throughout the students law school and legal careers.
II.

THE PROBLEM: Statement of The Case and Statement of Facts

Each participant receives a Problem. The Problem consists of a Statement of the Case
and Statement of Facts which present the procedural history of the case and relevant facts,
respectively. In practice, parties have access to a Clerk's Transcript and Reporter's Transcript that
combine to constitute the record on appeal. The Problem provides all factual information on which
arguments are to be based.
A.

Statement of the Case

The Statement of the Case provides the procedural history of the case being argued. This
history will include the following: (1) identification of the trial court which heard the case; (2) the
decision rendered in the trial court; (3) a description of any proceedings in an intermediate level
appellate court; and (4) a description of how the case got to the appellate court before which it is pending
(e.g., by direct appeal, on a writ of certiorari, etc.). The Statement of the Case will also indicate key
legal authorities relied upon and/or rejected by the trial court.
The procedural posture of the case is crucial. Students should be thoroughly familiar with
its history and the standard of review that the appellate court will apply. See below Section III.E.8.
B.

Statement of Facts

The Statement of Facts presents the facts relevant to the case being argued. The facts
appearing in the Statement of Facts and in the exhibits must be accepted as given. Participants must
not stretch the facts or speculate about facts which are not included. Remember that the arguments
are being made before an appellate court; participants must urge the court to apply relevant law to the
facts given, not to determine the existence, truth or falsity of those facts.
C.

Court and Jurisdiction

1.

Real Courts and Jurisdictions

Moot Court Problems are set in a real court and jurisdiction, such as the State of
California or the courts of the United States. The appellate structure of each jurisdiction differs, and
participants must be familiar with the appropriate jurisdictions structure.
Participants should be aware that a cases persuasiveness is dependent upon the cases
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jurisdiction and court. While prior decisions of your court are binding, decisions of other courts (lower
courts from your jurisdiction or courts from other jurisdictions) will only be persuasive. In either
instance, of course, you should address any persuasive case law which helps your clients position, so
long as you do so in addition to addressing binding authority.
2.

Fictitious Courts and Jurisdictions

Some Moot Court Problems are set in a fictitious jurisdiction, such as a make-believe
state or a non-existent United States "Fourteenth" Circuit Court of Appeals. If you get such a Problem,
your clients case is one of first impression in that jurisdiction. Thus, all relevant case law is equally
persuasive.
III.

THE MOOT COURT BRIEF

An appellate brief is a critical component of winning an appeal. Typically, the briefing

stage of an appeal takes place over several months. More importantly, a significant percentage of
appeals are decided on the briefs, either without oral argument or where oral argument has little or no
effect upon the courts opinion. Also, parties are generally prohibited from raising arguments orally
which were not first fully addressed in their brief.
The briefing stage of the Moot Court Program reflects the importance of real life
appellate briefs. There are, however, several important differences between Moot Court briefs and
appellate briefs in practice. First, although judges will receive each participants brief for use during
oral arguments, participants will not be judged by their briefs and cases will not be decided on the
briefs. Second, participants will not be precluded from making arguments orally which were not
addressed in their briefs. Keep in mind, however, that the quality of a participants brief may give a
judge an idea of the quality of his or her oral argument, even before the argument is made. Moreover,
the judges are prominent members of the legal community who will likely recall the quality of your brief
should you ever find yourself meeting him or her in a job interview.
A.

Overview of the Moot Court Brief

A petitioner seeks to persuade the appellate court that the lower courts ruling or holding
is erroneous and should be reversed. Conversely, a respondent seeks to convince the appellate court that
the lower courts ruling or holding was correct and should be affirmed.
A good brief is clear, accurate, concise and persuasive. The brief should begin by telling
the court the clients precise goals or objectives. Then, the brief should persuade the court that your
clients legal position is correct as demonstrated by existing law. Generally, appellate courts will decide
cases consistent with established law. However, where necessary, participants may advocate an
extension or retraction of existing legal precedent. In those situations, give the court some justification
for any departure from existing law, such as public policy, current trends or strong dissents by prominent
jurists. Authority must be carefully selected to support specific propositions set forth in the brief.
Improper use of authority will destroy an advocates credibility with the court.

2009 Moot Court Handbook

B.

Coordination with Case Counsel

It is important that each participant advise his or her Case Counsel of the progress of his
or her research and the arguments his or her brief will set forth. Each Case Counsel has spent months
researching the Problem, knows it thoroughly, and will be able to assist participants at both the research
and writing phases. In addition, individual and group meetings will be scheduled with Case Counsel to
review progress and answer any questions. Failure to attend mandatory meetings may result in a failure
to receive credit.
C.

Research

Thorough research is the cornerstone of a successful Moot Court brief. Appropriate

research methods will help to define the issues involved in the appeal and to locate relevant cases.
Sloppy research may overlook information which may prove valuable or dispositive. Moreover, many
of the issues presented in this years competition are very timely. As such, participants who do not
Shepardize or Key Cite thoroughly may miss the latest cases.
D.

Use of Authority

The purpose of authority is to persuade the court of the correctness of your position.
Courts hesitate to give credence to any proposition which is not sufficiently supported. However,
participants should resist the temptation to cite every case. When selecting authority, consider, among
other general factors, the following:

E.

Jurisdiction of the case

Similarity of facts
Similarity of issues
Procedural posture
The year the case was decided
Whether the case represents the current trend in the law
The reasoning underlying the decision

Formal Brief Requirements

An appellate brief consists of several required components. They are discussed below in
the order in which they should appear. For additional guidance, see the sample brief excerpts in
Appendix A.
1.

Cover and Title Page

Each brief must have both a cover page and a title page. The contents of the cover and
title pages are to be identical in form, except that the cover page should be printed on colored cardstock
a heavy paper like that used to bind this Handbook. The briefs must have this cardstock cover for
both the front and back of the brief. Petitioners briefs must have a BLUE cover. Respondents briefs
must have a RED cover. Colored paper for the covers can be obtained at any professional copy store.
Each participant must turn in eight (8) copies of his or her brief.
The format of the cover page and title page differs depending on the particular court
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before which the Problem is set. If your Problem is set in State Court use the sample on page A-1 of
Appendix A. If your Problem is set in Federal or the U.S. Supreme Court, use the sample on page A-2
of Appendix A.
2.

Table of Contents

All briefs must include a Table of Contents. This Table should include a reference to all
required components of the brief, as well as all point headings. Page numbers must be accurate. See
page A-3 of Appendix A.
3.

Table of Authorities

All briefs must contain a Table of Authorities. This Table should include all authority,
including statutes and secondary sources, if appropriate. Citations must be in accordance with the
ALWD Citation Manual.
Cases should be organized first according to the level of court and then alphabetically
decisions of the highest relevant court should be listed first, intermediate appellate courts, if applicable,
are listed next, etc. Statutory and secondary authority follows case law. See page A-4 of Appendix A.
As with the Table of Contents, page numbers for the Table of Authorities must be
accurate. Page references must be listed for every citation to a particular case, not solely the first
instance of the case. This includes any short-form citation. Page numbering should be the last step of
finalizing your brief; minor changes to the body of your brief may move case citations to a completely
different page.
4.

Introduction

An introduction should contain the following important components: (1) one or two
sentences describing the overall factual context of the case in a persuasive manner to make your client
appear sympathetic; (2) one or two sentences describing the procedural posture resulting in the instant
appeal; and (3) a brief summary of your clients goal(s) (i.e., what you are asking the court to do). See
page A-5 of Appendix A.
5.

Statement of the Case

This section gives the procedural background of the case. It should include all important
information about the proceedings before the lower court and the ruling of the lower court. Case
Counsel will assist participants in writing the Statement of the Case. See page A-5 of Appendix A.
6.

Statement of Facts

The order and emphasis of facts can greatly influence a courts decision. Thus,
participants should discuss the facts in a manner the court should adopt when deciding the appeal.
Emphasize favorable facts and minimize those which favor the opponent; however, do not omit
unfavorable facts. Also, do not create facts or draw your own inferences from the facts stated in the
Problem. See page A-6 of Appendix A.

2009 Moot Court Handbook

7.

Summary of Argument

The Summary of Argument briefly summarizes the main points in the Argument section
of the brief. This should be a very concise section, devoting no more than one paragraph to each main
issue. This summary should not be a full development of the points and should not generally contain
case citations. Save detailed legal analysis for the body of the brief. See page A-7 of Appendix A.
8.

Standard of Review

The scope of an appellate courts review often determines a Petitioners success. Thus,
the court will need to know what level of appellate review it is to apply. Participants should describe the
standard of appellate review for the issues involved in the appeal.
Generally speaking, there are three different standards of review: (1) de novo review; (2)
review for abuse of discretion; and (3) review for substantial evidence. De novo review provides the
highest level of appellate scrutiny, and affords the Petitioner the greatest chance for obtaining a reversal.
All Moot Court Problems entail alleged errors of law, and, thus, de novo review.
De novo review sometimes referred to as independent or plenary review
applies when the trial court has made a pure legal determination that the Petitioner claims was an error
of law. Among other situations, de novo review applies to: (1) a split in authority; (2) cases where the
facts are not in dispute; (3) interpretation of a statute or contract; and (4) constitutional questions.
Each Moot Court Problem will involve one or more of the following situations:
1)

Split of Authority An alleged error of law which has arisen by virtue of a

split in relevant authority. Typically, two or more cases have decided the same
legal question in a conflicting manner. The trial court, faced with this split of
authority, applied one rule rather than another. The alleged error is that the trial
court should have applied the opposite rule. The appellate court will decide de
novo which rule is correct and, consequently, whether the trial judge applied the
correct rule of law.

2)

Undisputed Facts An alleged error of law that has not necessarily arisen by
virtue of a split in the relevant decisional law. In this situation, the trial judge
applied law to an undisputed set of facts. The facts were undisputed because, at
the trial court level, the parties stipulated to an agreed-upon set of facts and made
cross-motions for summary judgment. When the facts are not in dispute in the
trial court, every ruling by the trial judge is converted to a pure legal question.
Thus, the appellate court can exercise independent review.

3)

Statutory or Contractual Interpretation An alleged error of law based upon

an incorrect interpretation of a statute or written contract. An appellate court can
examine a statute or written contract in the same manner as a trial court. The
appellate court need not refer to facts developed in the trial court. Thus, de novo
review applies.
If you are confused about standards of review or about any appellate procedural issue,
you may want to consult: Moskovitz, Winning an Appeal; the Appeals volume of
Witkin, Summary of California Procedure; the Rutter Groups Civil Writs and
Appeals; and/or the Rutter Groups Criminal Writs and Appeals. See page A-8 of
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Appendix A. Case Counsel will also provide assistance.
9.

Body of Brief
a.

Point Headings

Well written point headings are invaluable to both the advocate and the judge. For the
advocate, point headings organize the argument in a logical and persuasive manner. For the judge, point
headings are a summary of the argument contained in the brief.
b.

Substantive Argument

Appellate arguments are similar to all persuasive legal writing use the IRAC
structure you learned in Legal Research, Writing and Analysis and write persuasively.
Petitioner should present his or her arguments in a logical manner which encourages the
court to rule in his or her clients favor.
Respondent should not merely engage in a point-by-point refutation of his or her
opponents argument. Rather, Respondent should concentrate on convincing the court to adopt her
clients position.
When urging a court to apply one rule of law over another i.e. where there is a split of
authority participants should thoroughly discuss policy considerations and other relevant reasoning.
Distinguish between holdings and dicta. Dictum is a statement of opinion by the court
which is not necessary to the decision and is not entitled to the same weight as a holding. Exercise
restraint when trying to make dictum function like a holding.
Avoid long quotations from cited material. Unnecessary quotation interferes with the
effectiveness of an argument. Quote from cited material only when the exact language is vital, unique or
helps solidify an argument.
Do not ignore authority simply because it is unfavorable. Instead, you must carefully
address the authority, bearing in mind its level of persuasiveness, facts and holding. If a case is binding,
an attorney has an ethical obligation to address the case, even if it heavily favors the opposition. In this
situation, participants should distinguish the authority if possible.
For additional information regarding format and content of the Argument, see generally,
pages A-8 A-9 of Appendix A.
10.

Conclusion

A conclusion need only contain a one sentence wrap-up such as: For all of the foregoing
reasons, this Court should [affirm]/[reverse] the trial courts decision. However, it is also appropriate,
but optional, to include a more specific one sentence summary of each point of the argument. See page
A-9 A-10 of Appendix A.
11.

Signature Block
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In the lower right hand corner of the page, the phrase Respectfully Submitted should
appear with your name and signature. The Brief should be dated in the left hand corner following the
Conclusion. See page A-10 of Appendix A.
F.

Format Rules

Appellate briefs are highly stylized, formal documents. In practice, attorneys must
consult the local rules of the particular court before which they are appearing to find specific
information about, and requirements for, the form of the brief. The following rules have been adopted
for the Moot Court Program and constitute the Moot Court local rules:
1.
2.
3.
4.
5.
6.
IV.

All citation must be in ALWD format.

All formatting rules with respect to pleading paper, font size, margins, etc. must
conform to the rules listed in the Legal Research, Writing & Analysis Spring
Syllabus.
Briefs must be at least sixteen (16) pages but no longer than twenty (20)
pages, excluding cover page, table of contents and table of authorities. Any
content beyond twenty pages will not be read.
The cover page must be BLUE card stock for Petitioners and RED cardstock for
Respondents. Card stock must cover both front and back.
Briefs must be bound at the left margin by three staples.
Each participant must turn in eight (8) copies of his or her brief.

THE ORAL ARGUMENT

A.

Introduction

The primary function of the oral argument is persuasion. There are two essential
elements in presenting an effective oral argument: (1) an accurate and complete understanding of the
facts and law; and (2) a confident, passionate, and flexible delivery.
B.

The Presentation
1.

Mechanics of the Presentation

Facing the bench, Petitioners counsel (Petitioner) sits to the left of the podium,
Respondents counsel (Respondent) to the right. The bailiff will call the court to order. As the judges
enter, all present should rise. The bailiff will then state the name of the case and ask Petitioner if he or
she wishes to reserve rebuttal time. The bailiff will instruct the courtroom to be seated and the argument
will commence.
The argument proceeds in the following order: (1) Petitioners Opening Argument; (2)
Respondents Argument; (3) Petitioners Rebuttal. Petitioner argues first, presenting his or her Opening
Argument. Petitioner has fifteen (15) minutes minus any time reserved for rebuttal as designated at the
beginning of his or her argument when asked by the bailiff. Petitioner may reserve no less than one (1)
minute and no more than three (3) minutes for rebuttal. Respondent then argues for fifteen (15)
minutes. Respondent may not reserve any time for rebuttal. Finally, Petitioner uses his or her
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reserved rebuttal time to address any arguments made by Respondent.
The bailiff will keep time and show the time remaining through use of a series of cards
5 minute, 2 minute and 0 minute cards. Each card designates the time remaining in the argument.
Participants should begin his or her presentation with the following customary
introduction: Good [morning/afternoon] your honors and may it please the Court, my name is
[your name], counsel for [Petitioner / Respondent], [name of client].
2.

Recitation of the Facts

Petitioner should offer the court a brief statement of the facts. The court will either ask
you to recite the facts or instruct you to proceed with your argument. If the court asks for a recitation of
the facts, the facts should be presented in a way most favorable to your client. However, as with the
Statement of Facts in the brief, the facts should be stated concisely and accurately; do not stretch the
facts and do not speculate as to the existence of, truth or falsity of the facts. If the court instructs you to
proceed with your argument, you should still discuss the facts that are critical to the case in the body of
your presentation.
Respondent should not repeat a statement of the facts. Instead, he or she should listen to
Petitioners characterization of the facts and point any out omissions or mischaracterizations. Like
Petitioner, Respondent should discuss facts to bolster the arguments he or she will make.
3.

Body of the Presentation

The argument should begin with a clear statement of the key points and contentions.
Emphasize the strongest points first. Be aware of time constraints. Do not save the best point(s) for the
end. In presenting the argument, do not discuss every case and argument used in your brief. Also,
weave the facts of the case into the argument, and compare and contrast the facts of cited cases with
facts from your case.
Leave approximately one minute of your allotted time to summarize your argument. The
summary should be a strong reiteration of the major points and should remind the court of what action
the court should take (i.e., affirm or reverse). If time runs out before you have summarized your
argument, respectfully ask the court for a minute to summarize. Although some courts may allow a
short summary beyond the time allotment, others may not. If the court allows you to summarize, do so
very quickly, being mindful that your allotted time has expired and the court has graciously allowed
extra time for a conclusion. If the court does not grant extra time, thank the court and sit down.
Participants should listen carefully to what his or her opponent says. More importantly,
listen to the questions the judges ask. Those questions will give you clues about the courts concerns.
Be flexible enough in your outline of arguments to incorporate anything learned through listening to
your opponents arguments and the judges questions. This will assist you in attacking any weaknesses
in your opponents arguments and address the courts concerns before they ask you difficult questions.
A Petitioner in rebuttal cannot raise new legal arguments. Instead, he or she should
systematically respond to all strong points made by Respondent.
4.

Concluding Your Presentation

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When the bailiff holds up a card with a zero on it, that means you have run out of time. If
you are still speaking when you see the zero card, finish your sentence. Here are some common
situations and suggested responses:
A.
B.

C.
D.

E.

If you are the Petitioner and you see the zero card during your opening argument, finish
your sentence and then say, Your honors I see that I am out of time, I would like to
save the rest of my comments for rebuttal and sit down.
If you are the Petitioner and the bailiff raises the zero card during your opening
argument while a judge is asking you a question, say, Your honor, I see that I am out
of time would you like me to answer your question. Generally, the judge will give you
an opportunity to answer the question. After you finish answering the judges question,
say I would like to save the rest of my comments for rebuttal and sit down.
If you are the Respondent and you see the zero card during your argument, finish your
sentence and then say, Your honors I see that I am out of time, may I have a brief
moment to conclude. If the judges allow you to conclude, make sure it is brief.
If you are the Respondent and the bailiff raises the zero card while a judge is asking you
a question, say Your honor, I see that I am out of time would you like me to answer
your question. Generally, the judge will give you an opportunity to answer the
question. After you finish answering the judges question, say Although I am out of
time, may I have a brief moment to conclude. If the judges allow you to conclude,
make sure it is brief.
If you are the Petitioner and the bailiff raises the zero card during your rebuttal, say,
Your honors I see that I am out of time, may I have a brief moment to conclude. If the
judges allow you to conclude, make sure it is brief. Similarly, if the bailiff raises the
zero card while a judge is asking you a question, say, Your honor I see that I am out of
time, would you like me to answer your question. After you answer their question, say
Although I am out of time, may I have a brief moment to conclude. If the judges allow
you to conclude, make it brief and then sit down.

If you finish your argument before you see the zero card, present your concluding
remarks, say thank you and then sit down.
5.

Handling Judges Questions

An important requirement in oral argument is to listen to what the judge is asking and
answer directly. If a question can be answered yes or no, do so first and then explain. Keep your
answers short and to the point. If possible, use the answer to lead into your next point to be covered. If
unsure about a judges question, respectfully request that it be repeated or rephrased. Do not try to bluff
when you are unfamiliar with a case or you do not know the answer to a question a judge asks.
Do not assume that all questions are hostile. Sometimes a judge will ask a friendly
question, colloquially referred to as a softball. Recognize it, and use it to your advantage. Be
prepared for policy questions, hypothetical situations and questions about the cases cited in the briefs.
When a hypothetical can only be answered truthfully in a way that appears to be adverse to your
position, distinguish the hypothetical situation from your clients case.
Above all, never interrupt a judge, never argue with a judge, and never respond to a
question with I'll get back to that. Always answer the question when asked and move on to your next
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point.
6.

Style

There is no correct style in appellate advocacy. However, there are some general
guidelines which may help.
Avoid saying I or we. Instead, say Petitioner or Respondent or my client. For
example, say, It is my clients position that . . . rather than I feel that . . . .
Judges may have trouble concentrating on the argument when other irritating distractions
are present. Some common distractions to avoid include the following: visible or distracting jewelry;
noisy items in pockets (coins, keys, etc.) that might be handled when nervous; a pen or pencil at the
podium which can be used as a pointer; and constant removing and replacing eyeglasses during
argument. A more common problem is nervous dancing around the podium. You should practice
planting your feet and keeping your hands out of your pockets. Slight, natural movements, such as
turning to face the judge who is questioning you, are expected and perfectly acceptable. Avoid leaning
from side to side, leaning on the podium, and making excessive gestures.
The most important aspect of oral arguments is that you be heard and understood. Speak
slowly, clearly, and loudly so that judges can easily hear you. It is very important to pause and collect
your thoughts when answering questions. It is far better to ask the court for a moment to think than to
leap into a disconnected, rambling answer. Eliminate all uhs and ums. If you anticipated a
particular question in preparation, do not read a prepared response to the question. Instead, look
directly at a judge when a question is being asked and answer from memory. Throughout the argument,
maintain eye contact with the judges, looking down only when necessary.
7.

Deliberation by the Court

At the conclusion of the arguments, the bailiff will announce a recess and the judges will
retire (in the courtroom) to deliberate. All present must leave the courtroom. Once the court reaches a
decision, the court will announce its decision. The courts decision is based on the quality of the oral
presentations, not on the merits of the case. The judges will then critique the oral presentations and
briefs. After the judges have provided their feedback, they will generally be available for informal
discussion regarding the brief, the oral argument, and any questions you may have about the practice of
law.
C.

Preparations

There is only one secret to effective oral presentation of legal matters: know what you
are talking about! Lack of preparation is painfully obvious. Lawyers make oral presentations on a daily
basis to a court, to a client, or to an opponent. Prepare, relax, and see how rewarding an experience
it can be. Practice makes perfect!
During the weeks prior to oral arguments, students will participate in an oral advocacy
workshop and a videotaping session. In addition to these workshops, your Case Counsel will also
provide you with an oral advocacy training session. These sessions will teach students the mechanics of
appellate oral advocacy and hone students skills. More importantly, the videotaping session will serve
as a dress rehearsal for the oral arguments. Students are encouraged to create their own mock
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arguments, taking turns judging each other.
V.

CREDIT AND AWARDS

A.

Academic Credit

The Moot Court Program evaluates student performance on a credit/no credit basis. Each
student must successfully complete both the written and oral portions of the program to receive credit.
Students must attend all mandatory meetings, as directed by the Moot Court Board and the students
Case Counsel. Students must write a brief that reflects a good faith effort. Finally, students must appear
for and conduct an oral argument at his or her scheduled time.
Stated DEADLINES for submission of briefs apply to all participating students and
WILL NOT BE EXTENDED for any reason. Briefs submitted late may or may not receive creditthe
credit/no credit decision lies within the discretion of the Program Coordinator and the Faculty Advisor.
If, in the judgment of the Program Coordinator and the Faculty Advisor, a brief is deficient and does not
merit a passing grade, credit will not be awarded until the brief is rewritten so that it meets a passing
standard. If credit is not received, the student must repeat Moot Court in a subsequent year.
Because the Program takes place on one weekend each year, ORAL ARGUMENTS
CANNOT BE RESCHEDULED IF MISSED. Each student is responsible for finding out when they
are scheduled for their oral argument A student who misses his or her scheduled oral argument will not
be awarded credit for the Moot Court Program. If credit is not received, the student must repeat Moot
Court in a subsequent year.
B.

Evaluation of Briefs and Oral Arguments

Each brief is evaluated by the students Case Counsel and by each of the judges sitting for
oral argument. The following aspects are evaluated: issue-spotting; structure; legal analysis; persuasive
tone; use of authority; citation; and overall presentation. No letter grade is given.
Oral arguments are evaluated in much the same manner as the brief. Case Counsel and
judges evaluate the following aspects of the oral argument: structure; clarity and brevity; responsiveness
to questions; refutation of opponents argument; familiarity with case law and facts; persuasiveness; and
summarization. No letter grade is given.
C.

Awards

Each Case Counsel will recommend from his or her group of participants the Best Brief
and Best Oral Argument for honors. The selection is based upon observations and comments of the
judges and the Case Counsel. Any brief submitted late will not be eligible for brief honors.

VI.

MEMBERS OF MOOT COURT

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2009 Moot Court Handbook

A.

The Executive Moot Court Board

The Moot Court Board is composed of third and fourth year students who are chosen by
the previous Board from among the ranks of the students who served either as Case Counsel and/or who
have otherwise distinguished themselves in activities involving written and oral advocacy. Interviews
for the Board will be conducted in April. Selection is based on a number of factors, among them:
performance as a Case Counsel (including research and writing); leadership capabilities; managerial
ability; and dedication to the Moot Court Program.
B.

Case Counsel

Any student who has completed the Moot Court Program and is interested in being a Case
Counsel may apply. Selection is very competitive and is based largely upon the excellence of the
applicants brief and oral argument, recommendation of the applicants Case Counsel, grades and an
interview. Other factors which weigh heavily in the selection process include: willingness and ability to
make the necessary time commitment; teaching experience; research and writing skills; the ability to
manage multiple tasks simultaneously; and the ability to work well with other people. In many cases,
being a Case Counsel affords the student a good opportunity to become a Director on the Moot Court
Board in the ensuing school year.
Serving as a Case Counsel is a demanding and rewarding experience. Responsibilities
include:

Developing a topic suitable for Moot Court use

Writing a Problem and Bench Memorandum
Helping and advising students in brief writing and oral argument
Recommending students who merit consideration as Case Counsel

Being a Case Counsel provides the student an opportunity to receive a partial tuition
reduction in recognition of past scholarship and receive one unit of credit per semester.
Case Counsel will be selected during the week following the Moot Court Program.
Applications will be available in April.

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