Appellate Oral Argument Outline?

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Extension_Cord
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Appellate Oral Argument Outline?

Postby Extension_Cord » Wed Apr 11, 2012 12:17 am

Does anyone have a general outline of an appellate oral argument? I have mine on Thursday and I was thinking there must be a general outline on how to do these things.

Thanks.

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MrPapagiorgio
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Re: Appellate Oral Argument Outline?

Postby MrPapagiorgio » Wed Apr 11, 2012 12:29 am

I don't see much utility in one. As soon as one of the judges asks you a question, any plan of attack may go to shit, especially with a hot bench. Mine was just a bunch of short phrases to jog my memory of my argument if the questions threw me off track and I wasn't able to re-group from memory. And besides, the better argument is one where you don't need to look down at all.

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Flips88
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Re: Appellate Oral Argument Outline?

Postby Flips88 » Wed Apr 11, 2012 12:35 am

just make a 2 page bullet point outline of your argument. Have an opening road map for your argument. Say "your honor" frequently.

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MrPapagiorgio
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Re: Appellate Oral Argument Outline?

Postby MrPapagiorgio » Wed Apr 11, 2012 12:40 am

Also, avoid any synonym of "As I previously stated" and never, ever respond to a judge's question with "I will be getting to that later."

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Flips88
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Re: Appellate Oral Argument Outline?

Postby Flips88 » Wed Apr 11, 2012 12:43 am

Oh and one good tip we got: don't use phrases like "I would argue that" or "Appellants believe" or "Appellants would argue..." Just say what your point without prefacing.

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Extension_Cord
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Re: Appellate Oral Argument Outline?

Postby Extension_Cord » Wed Apr 11, 2012 8:49 am

good stuff, thanks.

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jessuf
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Re: Appellate Oral Argument Outline?

Postby jessuf » Wed Apr 11, 2012 11:01 pm

Intro
May it please the court. My name is ___________. And I represent the appellant/appellee __________. [I respectfully request one minute for rebuttal. - if appellant] [Catchy theme or policy sentence that weaves in critical facts of case – sentence or two – zinger.] Therefore, appellant/appellee respectfully requests that this court ___________ for [1,2,3] reasons. First, first reason. Second, second reason. Third, third reason. Turning to my first point:

Body
First point: Similar to point heading of your brief.
Rule (statutes, cases)
Case description (case name, court name, year decided, facts, holding, reasoning)
Your facts
Mini Conclusion

Second point: Copy above format

Third point: Copy above format

Conclusion
For the reasons above, ___________________. [Request relief again]

Rebuttal
May it please the court. I have [1,2] point(s) for rebuttal. The opposing counsel has stated _______. However, blah blah.


My outline followed that format. My bench was surprisingly cold. I didn't get questions until I got to my fourth point. It's always good to be prepared for that. I also included answers to possible questions they might have that I didn't necessarily want to discuss unless asked about.

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ilovesf
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Re: Appellate Oral Argument Outline?

Postby ilovesf » Wed Apr 11, 2012 11:09 pm

Jessuf wrote:
My outline followed that format. My bench was surprisingly cold. I didn't get questions until I got to my fourth point. It's always good to be prepared for that. I also included answers to possible questions they might have that I didn't necessarily want to discuss unless asked about.

My outline was pretty much the same. However I started to get questions during my theme and they continued pretty heavily throughout my 12 minutes. I only talked about my last point for 1 minute.

lobolawyer
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Re: Appellate Oral Argument Outline?

Postby lobolawyer » Wed Apr 11, 2012 11:32 pm

Jessuf wrote:Intro
May it please the court. My name is ___________. And I represent the appellant/appellee __________. [I respectfully request one minute for rebuttal. - if appellant] [Catchy theme or policy sentence that weaves in critical facts of case – sentence or two – zinger.] Therefore, appellant/appellee respectfully requests that this court ___________ for [1,2,3] reasons. First, first reason. Second, second reason. Third, third reason. Turning to my first point:

Body
First point: Similar to point heading of your brief.
Rule (statutes, cases)
Case description (case name, court name, year decided, facts, holding, reasoning)
Your facts
Mini Conclusion

Second point: Copy above format

Third point: Copy above format

Conclusion
For the reasons above, ___________________. [Request relief again]

Rebuttal
May it please the court. I have [1,2] point(s) for rebuttal. The opposing counsel has stated _______. However, blah blah.


My outline followed that format. My bench was surprisingly cold. I didn't get questions until I got to my fourth point. It's always good to be prepared for that. I also included answers to possible questions they might have that I didn't necessarily want to discuss unless asked about.


This. But, you'll probably enter an appearance before the arguments, so you can lose the my name is/I represent.

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jessuf
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Re: Appellate Oral Argument Outline?

Postby jessuf » Thu Apr 12, 2012 12:19 am

Oh also, some schools require you to state the facts or at least ask if the bench wants you to relay the facts. My professor didn't require that, so I didn't have that in mine.




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