What do you say if you finish your oral argument early?

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NYC2014
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What do you say if you finish your oral argument early?

Postby NYC2014 » Tue Mar 27, 2012 6:33 pm

It's supposed to be a 12 minute argument. My material runs 6 minutes; if I don't get 6 minutes worth of questions I'll finish early. I'm thinking, "If there are no further questions, I've finished my argument."

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ben4847
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Re: What do you say if you finish your oral argument early?

Postby ben4847 » Tue Mar 27, 2012 6:39 pm

I would just wrap up, make a conclusion, and stop talking, smile and walk away.

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Always Credited
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Re: What do you say if you finish your oral argument early?

Postby Always Credited » Tue Mar 27, 2012 6:41 pm

--ImageRemoved--

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reformed calvinist
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Re: What do you say if you finish your oral argument early?

Postby reformed calvinist » Tue Mar 27, 2012 6:41 pm

Yeah don't just stop. At least give a brief summation and remind the court what you're asking for.

rad lulz
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Re: What do you say if you finish your oral argument early?

Postby rad lulz » Tue Mar 27, 2012 6:48 pm

,
Last edited by rad lulz on Mon Apr 22, 2013 4:37 am, edited 1 time in total.

LOLyer
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Re: What do you say if you finish your oral argument early?

Postby LOLyer » Tue Mar 27, 2012 6:50 pm

rad lulz wrote:Drop the mic on the floor and walk out of the room.

dude you are so HILARIOUS!! LOL!!!

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Br3v
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Re: What do you say if you finish your oral argument early?

Postby Br3v » Tue Mar 27, 2012 7:45 pm

LOLyer wrote:
rad lulz wrote:Drop the mic on the floor and walk out of the room.

dude you are so HILARIOUS!! LOL!!!


Relevant name.

traynorsbizarro
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Re: What do you say if you finish your oral argument early?

Postby traynorsbizarro » Tue Mar 27, 2012 9:00 pm

they might respect y'all for keeping it humble...but why not make up 6 minutes more of arguments JIC? is that so hard?

ToTransferOrNot
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Re: What do you say if you finish your oral argument early?

Postby ToTransferOrNot » Tue Mar 27, 2012 9:13 pm

There's an historical anecdote here. In the oral argument for the case that resulted in the "switch in time that saved 9", the government's attorney stood up, corrected a single typographical error in the brief, and said "unless the court has any questions, the government will rest on its briefs."

If you don't have anything to say, don't stand up there blabbering just to "use your time." The people on the other side of the bench reeaaaallly hate having their time wasted, and there's not much you can say (outside of the question-answer) that will have any impact on the outcome anyway.

Edit: Is this for a moot court competition?

Flanker1067
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Re: What do you say if you finish your oral argument early?

Postby Flanker1067 » Tue Mar 27, 2012 9:14 pm

AC is AC.

Renzo
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Re: What do you say if you finish your oral argument early?

Postby Renzo » Wed Mar 28, 2012 9:34 pm

I just happened to have read it the other day:

“[I]n one case petitioner’s lawyer took such a battering from the court that it was obvious to everyone the judgment below would be affirmed. Counsel for the respondent arose, bowed, and said, ‘If the Court please, I must apologize for an error in my brief. At page 32, second line from the bottom, the citation should be to 112 Federal Second and not to 112 Federal. . . . Unless there are any questions, I will submit the respondent’s case on the brief,’ and sat down. I have it on excellent authority that it was one of the most effective arguments ever heard by that court.” —Frederick Bernays Wiener


Garner, Bryan A.; Antonin Scalia, Scalia and Garner's Making Your Case: The Art of Persuading Judges



And for what it's worth, Scalia and Garner say if you have extra timeto end gracefully either with a 30-second summary, or a truly unanswerable point that is fatal to your opponent's case, then thank the court and then sit down.

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wiseowl
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Re: What do you say if you finish your oral argument early?

Postby wiseowl » Thu Mar 29, 2012 10:52 am

Image

Morgan12Oak
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Re: What do you say if you finish your oral argument early?

Postby Morgan12Oak » Thu Mar 29, 2012 12:28 pm

"I'm sorry, this normally doesn't happen to me. I don't know it's been a long time."

Judges reply: "it's okay, it happens to everyone"

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Cupidity
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Re: What do you say if you finish your oral argument early?

Postby Cupidity » Thu Mar 29, 2012 12:38 pm

If you are being graded on this as part of a 1L program, I would not stop that early. Your professor will likely take it as a sign of under-preparation.

If you only have a few salient points, I find an effective strategy to run the clock is to take one of the key cases that is on point and either distinguish or compare facts. "Your honor, in the landmark case of Katz v. United States, the Court recognized that privacy could exist in a public space, in that case, privacy existed in a phone booth on a crowded street, in the instant case, the petitioner did not have that same expectation of privacy because, a, b, & c."

These arguments are also some of the most persuasive, and you will get mad props.

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hdivschool
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Re: What do you say if you finish your oral argument early?

Postby hdivschool » Thu Mar 29, 2012 3:41 pm

Cupidity wrote:If you are being graded on this as part of a 1L program, I would not stop that early. Your professor will likely take it as a sign of under-preparation.

If you only have a few salient points, I find an effective strategy to run the clock is to take one of the key cases that is on point and either distinguish or compare facts. "Your honor, in the landmark case of Katz v. United States, the Court recognized that privacy could exist in a public space, in that case, privacy existed in a phone booth on a crowded street, in the instant case, the petitioner did not have that same expectation of privacy because, a, b, & c."

These arguments are also some of the most persuasive, and you will get mad props.

I agree with this, assuming you're asking about oral arguments as part of a law school writing program. Ultimately, you should base your behavior on your instructor's expectations, but I would imagine that if your instructor gave you 12 minutes, they expect you to fill the time.

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leobowski
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Re: What do you say if you finish your oral argument early?

Postby leobowski » Thu Mar 29, 2012 4:00 pm

Be excellent to each other, and party on dudes.

NotMyRealName09
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Re: What do you say if you finish your oral argument early?

Postby NotMyRealName09 » Sat Mar 31, 2012 1:11 pm

O'Doyle Rules!

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ilovesf
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Re: What do you say if you finish your oral argument early?

Postby ilovesf » Sun Apr 01, 2012 1:05 am

Make sure your grade isn't negatively impacted by finishing so early, ours definitely were.

blong4133
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Re: What do you say if you finish your oral argument early?

Postby blong4133 » Sun Apr 01, 2012 3:04 am

It probably depends on what type of argument you're doing. If it's for a 1L writing class, like others have said, I wouldn't end early. I wouldn't want to really end early for an Ap. Ad. class either.

I just got back from a Moot Court competition and I argued in one match-up (I was the brief writer, but they had me argue in one matchup), and I had an extremely cold bench. I touched on everything I planned on going over, then I realized I hadn't even gotten the 5 minute card. (15 minute argument). So I went ahead and compared a few cases that weren't binding, but relevant, then said my conclusion, said thank you, smiled and sat down with probably about 2 or 3 minutes left, and still got the highest score in that match.

I would say that from a practical standpoint, if you cover everything you wanted to cover, just say your conclusion and end it. The judges will likely be able to tell if you're trying to waste time by going through an argument/cases you hadn't really planned on discussing. And you run the risk of having a choppy argument at the end because you probably will start repeating things you've already said, and simply because you're not as prepared to make those particular arguments. I think most judges will appreciate the fact that you're not wasting their time with a bunch of nonsense that you've either already said, or just simply doesn't matter that much.

But again, it depends on the judge and the situation. Just my two cents.

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NeighborGuy
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Re: What do you say if you finish your oral argument early?

Postby NeighborGuy » Mon Apr 02, 2012 12:05 am

Ask. Your. Professor.

Are professors at other schools such unapproachable trolls that people can't ask them relevant questions?

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bns_77
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Re: What do you say if you finish your oral argument early?

Postby bns_77 » Mon Apr 02, 2012 2:19 pm

If you only have 6 minutes of material, you're probably not making your case as well as you could.

shock259
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Re: What do you say if you finish your oral argument early?

Postby shock259 » Mon Apr 02, 2012 3:35 pm

My professor told us that he thinks ending early makes a great impression.

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bns_77
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Re: What do you say if you finish your oral argument early?

Postby bns_77 » Mon Apr 02, 2012 4:03 pm

shock259 wrote:My professor told us that he thinks ending early makes a great impression.


Safe money says that the 1L with the 6 minute argument isn't making great impressions




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