C. Edwin Moore
Competition
DATES:
1st Round:
Monday, September 12th
Tuesday, September 13th
2nd Round:
Monday, September 19th
Tuesday, September 20th
Reasons why it was a good
idea to sign up . . .
• You learn to talk about the law
• Gain confidence with public speaking
• Networking – meet legal community and
other students
• Cash Prizes for the Finalists!
• Preview of Spring Semester’s First Year
Oral Arguments Competition.
• Forces you to buy a business suit
Procedure
10 minutes per person
Appellants go first then the Appellees
1-2 minutes rebuttal for Appellant
10 minutes for feedback from Judges
You will be assigned a side of the
argument for the 1st Round; you will
argue the opposite side in Round 2.
Procedure
Dress Professionally—this means a
BUSINESS SUIT
Check-in 15 minutes before argument at
table across from mailboxes (Be early!)
Wait outside room until you are called in
Write name on board once inside the room
Sit down until judges are ready
Structure
Argument
Introduction Body Prayer
Introduction
Begin each argument/rebuttal with “May it
please the Court?”
Introduce yourself and co-counsel and
who you represent
Reserve rebuttal time if Appellant
Tell the court what you want them to do:
“Today, this Court should affirm/reverse the
holding of the 14th Circuit.”
Body
Theme
Roadmap
Facts
Argument
Theme
A short phrase that sums up the theory of
your case
Example:
“Your honors, there are no magic words to
explain to a suspect his Fifth Amendment
privilege against self incrimination.”
Roadmap (Issues)
Tell the court what they are going to have to do and why
they should do it.
“The Court should decide X for X number of reasons”
Compare:
“Today the Court must decide Mr. Door’s Fifth Amendment rights
were violated because he was not given proper Miranda
warnings.”
“Today, the Court should decide Mr. Door’s Fifth Amendment
Privilege against self incrimination was violated for three
reasons:
“First, Mr. Door was never given proper Miranda warnings.
Second, Mr. Door did not knowingly, intelligently, and voluntarily
waive his Miranda rights; and
Third, it would not be overly burdensome for police officers to give
more specific Miranda warnings.”
Facts
State the facts from the perspective of
your client.
Create a BRIEF story (30-45 seconds)
The judges may ask you to skip the facts,
know where to head in your argument if
this happens.
Facts
Don’t forget the procedural posture of
the case:
How did the District Court rule? Why is
that important
“The District Court denied Mr. Door’s motion
to suppress. On appeal, the Fourteenth
Circuit affirmed the District Court’s denial and
upheld Mr. Door’s conviction.”
The Argument
You should not read directly from the
bench brief during your oral argument but
you can (and should) use the arguments,
structure and legal authority cited in the
bench brief to organize your oral
argument.
Organize your argument according to the
issues set forth in your roadmap.
The Argument – Using Legal
Authority
An effective oral argument sets forth ideas and
principles and uses legal authority to support
and illustrate those ideas.
Use the law to illustrate your point. Don’t let the
law become your point.
Refer to the court you are citing and the full
name of the case the first time you refer to it.
From that point on drop the court and shorten
the name.
Prayer/Conclusion
Last chance to tell the Court what you want it to
do and why
Be strong
Be concise
Be brief
Incorporate your theme
Last sentence out of your mouth should either start or
end with “the lower courts order should be
affirmed/reversed” (but not both)
When Time Goes By . . .
The Cardinal Rule: After time has expired,
you may only continue to speak with the
permission of the Judges.
When you see that time has expired,
conclude your thought in the briefest
manner possible
The Litany
“Your Honor, I see my time has expired . .”
“ . . . We respectfully request you reverse/affirm the
court below”
“ . . .may I have a brief moment to conclude” (If
granted, anything more than 10 seconds is not a
“brief moment”)
“ . . . May I address your honor’s question and have a
brief moment to conclude.” (Use when Judge’s
question runs into the end of your time)
Rebuttal
1 to 2 minutes (reserved at the beginning)
Judges can ask questions
You probably only have time to make one strong
argument, so choose wisely.
Rebut the Appellees’ strongest points:
Listen to what the judges are questioning the Appellees’ about,
and answer those questions from your perspective
Point out why the Appellees’ argument leads to bad results or
constitutes bad policy
If Appellee relies heavily on one or two particular cases,
distinguish those cases and explain why the appellees reliance
is misplaced
Questions From the Judges
Answer directly (“Yes, your honor” or “No, your
honor) even if you plan a qualified answer
NEVER interrupt, even when a long-winded
judge is stealing your time. It happens.
If you do not understand the judge’s question,
you can ask for clarification if necessary.
If you disagree with a judge’s conclusion, be
respectful and fully explain why.
“Respectfully your honor, I disagree….”
Things to Do
Maintain eye contact
Speak slowly and clearly
Breathe
Have a conversation with the judges
Advocate for your client
Do not read. Use an outline when you deliver
your argument
You can write a full argument to prepare, but shrink
it down to an outline for the actual presentation
Things NOT to Do
Play with your clothes, hair, or pen
Pace or shift weight
Clutch the podium
Say “I believe,” “We believe,” “I think,” or “We
think”
List Circuits
Over gesture (don’t point at the judges)
Use the words “clearly”
Be over dramatic, this is not a jury trial.
Cop an attitude
After the Preliminary Rounds . . .
12-16 top students will advance to the
semifinals
The semifinals will take place in late
September
Four students will advance to the Finals
Final Round
Top students will advance to the final
round
The final round will be October?
The arguments will be made to the Iowa
Court of Appeals judges
The selection of Moot Court/Mock Trial
teams is based, in part, on your
performance in these rounds
Questions?
Contact:
Renner.Walker@drake.edu or Joseph.Uhlemann@drake.edu