Servant Leadership Training Ali Lappas, Chief Justice James Poole, Judicial Volunteer Jason Reimer, Judicial Director The Program… in two hundred words or less What do you already know? Why do we have it? What are the attorneys doing all year? What are the Justices responsibilities? Last Year’s Changes: A Complete Overhaul So… what exactly happened? • Selection of Chief Justice • Addition of Judicial Review • Change in Attorney Argument Format Law School Boot-Camp Trial v. Appellate Courts Trial Courts collect facts and apply legal principles to those facts in order to arrive at a verdict. Appellate Courts review the factual application of the law and decide whether the trial courts’ decision was legally satisfactory. We deal with an Appellate Court setting. Law School Boot-Camp The Nature of Appeals Parties file briefs, setting forth their arguments and authorities. Parties present oral arguments to the appellate court. The appellate court will issue a decision, usually accompanied by a written opinion which sets forth the analysis of the issues. Law School Boot-Camp Writing a Brief Required Components to a brief: Caption Factual Interpretation and Summary Table of Authorities Statement of Question Summary of Argument Argument – Issue – Rule – Analysis to Case Conclusion Law School Boot-Camp Writing a Brief What’s an “issue”? A fact specific question that poses a question in your position’s most favorable light. The two positions will phrase their issues quite differently: • Does a public high school violate the First Amendment of the United States Constitution where a high school teacher, in an exercise of his personal religious belief, compels his students to participate in a morning prayer each day before school? • Is it proper for one to exercise his constitutional right to freedom of religion where he provides a prayer at the beginning of each school day, but where there is no evidence of any type of compulsion to participate should a student choose not to pray? Law School Boot-Camp Writing a Brief What’s a “rule”? A proposed statement of the law that you are arguing governs the facts of the case Rules of example issues: • The Constitution prohibits a government from making laws respecting the establishment of religion, and a public school, as an agent of the State, is likewise prohibited from either supporting or condoning religious activity during school. • The Constitution guarantees one the right to the free exercise of religion, and where that free exercise does not compel any others to participate, it is entirely proper regardless of the setting. Law School Boot-Camp Writing a Brief New Feature this year: BRIEF WIZARD Law School Boot-Camp Oral Arguments The point is to focus the attention of the justices on the points most favorable to your case. • Facts that are most compelling • Rules that would become precedent if the court ruled in your client’s favor • Policy considerations that support the result you seek Law School Boot-Camp Preparing for Model Thorough preparation requires focusing on different tasks. • Look at the “big picture” to summarize your most important points • Immerse yourself in the details. • You can never be over-prepared. • Think about the weaknesses in your case • What questions would you ask if you were the judge? • What concessions will you be asked to make – what concessions can you not make (because making them will cause you to lose the case) The best preparation you can have is knowing what could hurt your case and preparing for it! Law School Boot-Camp Preparing for Model Where do I start?? • Don’t start with the cases… – You’ll be provided with a few articles that describe the legal issue. Start there! – Identify the issues you think need to be addressed. – Read the cases. Trees • Don’t focus on the individual case; focus on your entire legal issue. – They don’t provide good background – Understand the articles and then find the cases to support your side. Those Crazy Justices… What do they do? What’s a “Bench Brief”? What’s its purpose? The Bailiffs A Force to be reckoned with! What do they do? Why do we need them? In what way was last year different? Bailiffs are essential to an organized court-room environment. Logistics… Structure of our Program TOURNAMENT STYLE! The old system allowed the majority of teams only two arguments… we changed that. Scoring system: • Brief • Speaker 1 • Speaker 2 1/3 1/3 1/3 Logistics… Scoring of the Brief • • • • • Interpretation of the Facts Persuasiveness Presentation Effective Use of Case Law Analysis of Case Law Lateness Deductions Logistics… Scoring of the Oral Argument • • • • • Knowledge and Use of Facts Knowledge and Use of Case Law Effectiveness of Argument Persuasiveness of Argument Overall Demeanor and Ability to Completely Respond to Questions Logistics… Structure of the Tournament First Round – First elimination round. Every team is guaranteed at least two arguments before the court! Second Round – Top 50% scored appellants and respondents move on to this round. Semis, and Final – Continues to move inwards from here. Logistics… Judicial Review •Challenging bills from last year •Governor’s Attorney General •Lawyers eliminated The Hot Seat Putting it all together… Liability for MySpace Content! “This appeal presents our court with the difficulty issue of whether a school district may, consistent with the 1st Amendment … discipline a student for creating at home … a web site that … contained derogatory, profane, offensive and threatening statements directed toward one of the student’s teachers and his principal. We find that the school district did not violate the federal constitution . . .” – J.S. v Bethlehem, PA Supreme Court The Hot Seat Putting it all together… What do you think should happen if instead of a website it was MySpace? How about if instead of an expulsion it was an arrest and conviction? What are the real legal issues? GET INVOLVED Encourage your delegation to send at least one attorney team to model! Email us with questions: firstname.lastname@example.org email@example.com Does your delegation have a legal advisor? What about an attorney who comes in on a part time basis?