Scribd Logo
Upload

Welcome to Scribd!

  • 12 views

    Rupesh Organization of Arguments

    Uploaded by

    Bidhan Poudyal
    The document discusses the organization and preparation of oral arguments in court. It explains that lawyers must logically organize their evidence, arguments, and precedents when presenting a case in court. The document also provides guidance on preparing for and delivering oral arguments, including reviewing materials, practicing responses to potential questions, and etiquette during the oral argument.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd

    Rupesh Organization of Arguments

    Uploaded by

    Bidhan Poudyal
    12 views7 pages
    The document discusses the organization and preparation of oral arguments in court. It explains that lawyers must logically organize their evidence, arguments, and precedents when presenting a case in court. The document also provides guidance on preparing for and delivering oral arguments, including reviewing materials, practicing responses to potential questions, and etiquette during the oral argument.

    Original Title

    Rupesh Organization of arguments

    Copyright

    © © All Rights Reserved

    Available Formats

    PPTX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The document discusses the organization and preparation of oral arguments in court. It explains that lawyers must logically organize their evidence, arguments, and precedents when presenting a case in court. The document also provides guidance on preparing for and delivering oral arguments, including reviewing materials, practicing responses to potential questions, and etiquette during the oral argument.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    12 views7 pages

    Rupesh Organization of Arguments

    Uploaded by

    Bidhan Poudyal
    The document discusses the organization and preparation of oral arguments in court. It explains that lawyers must logically organize their evidence, arguments, and precedents when presenting a case in court. The document also provides guidance on preparing for and delivering oral arguments, including reviewing materials, practicing responses to potential questions, and etiquette during the oral argument.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 7

    4.

    4 ORGANIZATION OF
    ARGUMENTS

    PRESENTED BY: RUPESH KHANAL


    ROLL NO: 24
    • A reason or set of reason that something is true or correct is called arguments.
    • Legal profession is one of the logical profession which needs to organize arguments. In court, lawyers need to be
    presented logically.
    • If lawyers can explain their cases that makes their cases strong but only presenting arguments isn’t enough. So, to
    make logical, lawyers need to arrange their evidences and arguments sequentially that is known as organization
    of arguments.
    • This is also one of the supporting skill of trial advocacy. In this phase of trial advocacy, lawyers need to care
    certain elements which are listed here:
    1. Planning for pleading: While being ready for pleading, lawyers need to organize their logics evidences because
    cases in court are presented logically.
    2. Preparing Legal Draft (Bahas Note): What may you do in pleading, which precedents are going to use as legal
    grounds these all comes under bahas note.
    3. Organize your evidence as the sequence of courts actions: How do you present your evidence in court so you
    need to arrange your evidences and arguments in sequence which refers to the organization of arguments.
    4. Arrange your precedents, acts, laws and treaties as the need of case: Before, entering in pleading lawyers have
    to arrange necessary precedents, acts, laws and treaties as the activities and events of judges and court.
    4.5 Oral Arguments

    • Oral arguments are spoken presentations to a judge or court by a lawyer (or parties
    when representing themselves) of the legal reasons why they should prevail. Oral
    argument at the appellate level accompanies written briefs, which also advance
    the argument of each party in the legal dispute. Oral arguments can also occur
    during motion practice when one of the parties presents a motion to the court for
    consideration before trial, such as when the case is to be dismissed on a point of law,
    or when summary judgment may lie because there are no factual issues in dispute.
    • An oral argument is a presentation of a case before a court by spoken word. Lawyers
    or parties representing each side in a dispute have 30 minutes to make their case and
    answer questions from Supreme Court justices or Intermediate Appellate Court
    judges. Oral argument is only one part of the decision-making process and may not
    be held in every case.
    • To argue before the court, a party must have first submitted a written brief. In preparation
    for oral argument, the justices or judges and their law clerks read relevant parts of the trial
    court or agency record, read the briefs, review cases, statutes and constitutional provisions
    cited by the parties, and conduct independent legal research on the subjects of the
    argument. After oral argument the justices or judges prepare a disposition based upon their
    understanding of the law that applies.
    • Oral argument is your chance to further explain to the appellate court in person the
    arguments that you made in your brief. You can clarify the points you made in your brief,
    tell the appellate court what you think is most important about your arguments, and answer
    questions from the appellate court judges.
    • Oral argument is not a time to restate the facts of the case or repeat parts of the brief. The
    judges know what you said in your brief. Oral argument is the time to make sure that the
    court understands the key issues of the case by highlighting what you think is most
    important in your case or asking the judges if they have any questions you could answer.
    • OPTION FOR ORAL ARGUMENTS:
    1. Deciding whether to have oral argument
    When you are deciding whether to participate in oral argument, remember that the judges will have already read the briefs,
    so it is not necessary to read your brief to the judges. Oral argument is not a chance to read a prepared statement out loud or
    to talk about what is in the brief. If everything you want to argue is in the brief, then you should think about not participating
    in (waiving) oral argument. Oral argument is your chance to clarify the points you made in your brief, tell the appellate court
    what you think is most important about your arguments, and answer questions from the appellate court judges. If you want to
    orally argue, be prepared and flexible — the judges may interrupt you (and the other side) to ask questions about your case
    and the laws and other cases that you cited or should have cited.
    The fact that you orally argue a case does not affect how long it takes to get your decision. It will not delay your case. If only
    one side waives (gives up) oral argument, the appellate court will hold oral argument with the other side. If everyone waives
    oral argument, the judges will consider your appeal based on the briefs and the record that were submitted.
    2. Telling the court whether you want oral argument
    A. Once all the briefs have been filed or the time to file them has passed, the court will send you a notice with the date for oral
    argument and will probably ask you if you want to have oral argument.
    B. You can "waive" (give up) oral argument if you want. To let the court know that you do NOT want to have oral argument:
    C. If the court sends you a notice asking you if you want to participate in oral argument and you do NOT respond, the court will
    assume you are waiving your oral argument.
    D. If the notice does not specifically ask you if you want oral argument, you can let the appellate court know, in writing or in
    • PREPARING FOR ORAL ARGUMENTS:
    • Check the laws that you referred to in your brief and make sure the law has not changed. It is important to make sure
    that your authorities (published court decisions, constitutions, statutes, court rules or other legal authorities you cited in
    our brief to support what you say is the law) are not outdated. Cases may have been overruled or depublished (which
    means they cannot be cited as authority). New laws may be in place. If you find out that any authority that you cited in
    your briefs is not valid anymore or if you discover new authorities, then notify the court and other parties in writing
    before the oral argument. This is especially important if you want to cite the new authorities at oral argument.
    • Review the record, the arguments both sides made, and the key authorities because the court may ask you questions
    about anything.
    • Prepare your key points in an outline to help you be clear about the points you want to make.
    • Practice your argument with interruptions. You may want to use your outline and practice with others. In court, you
    may choose to use some of your time to respond to the other side's argument. Reread the other side's brief and try to
    think of what he or she will argue. Practice your response. You should also put yourself in the shoes of the appellate
    court and think of questions that they might ask. You can look back to your outline to make sure you cover all of your
    important points since you will NOT get extra time, even if the justices take up a lot of your time with questions.
    • Try to come to the court and observe at least some oral argument before your argument date. Call the clerk's office to
    make sure you go on a day when there are oral arguments scheduled. Argument is open to the public so you do not
    need special permission to attend.
    • AT ORAL ARGUMENT:
    • Usually, people will start their oral argument before the appellate court with the words "May it
    please the court." If you want to save some of your time to respond to the other side, then you must
    tell the court this immediately. Even though the appellate court cannot give you special treatment
    just because you do not have a lawyer, you should still tell the judges that you are self-represented.
    • Remember that the judges will be familiar with your case and will have already read the briefs, so
    you do not need to restate the facts of the case or repeat parts of the brief. It is more helpful to just
    highlight what you think is most important in your case or ask the judges if they have any
    questions you could answer. The judges may interrupt you (and the other side) to ask questions
    about your case and authorities (published court decisions, constitutions, statutes, court rules or
    other legal authorities) that you cited or should have cited. Remember to stay calm and respectful,
    even if you get frustrated or are interrupted. Whenever you are asked something you should stop
    what you are saying and answer as directly as possible. If you do not know the answer, then just
    say so. Also, remember that you cannot present new arguments orally unless you discussed them in
    your brief.

    You might also like