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Oral arguments are spoken presentations to a judge or appellate 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.
Judges use oral arguments to help them decide cases fairly and justly. Courts do not always grant oral argument, and, at least in some cases, whether oral argument will be heard is at the discretion of the court. So, when courts hear oral argument, you can bet that the judges have a specific purpose in mind. For example,
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Oral Arguments. The Court holds oral argument in about 70-80 cases each year. The arguments are an opportunity for the Justices to ask questions directly of the attorneys representing the parties to the case, and for the attorneys to highlight arguments that they view as particularly important.
Article New York Law Journal. Oral Argument: A Guide to Preparation and Delivery for the First-Timer. 16 August 2019. There’s a first time for everything. But when it’s your first oral argument in an appellate court, the task ahead can seem overwhelming. Your every word will be scrutinized.
- Start Strong
- State The Issue
- Provide A Roadmap
- The Facts
At the beginning of the argument, introduce: 1. Yourself 2. Who you are representing 3. In what capacity For example: “May it please the Court, counsel, my name is _________, and I represent the appellant ______.”
After your introduction, briefly describe the case. How would you explain this case to a friend over a beer? This part of the argument sets the tone and establishes your theme. Forget about using legalese, play to the judges’ sense of fair play and logic. Clearly and concisely explain the issues and state the reasons why you should win. Also be sur...
You want to let the court know where you are going with your argument. This is particularly important to try to keep yourself on track, and if the judges do derail your argument with questions, the roadmap at least lets them know what you intended on covering. To do this, create an overview that will lay the foundation of your case. Use ordinals as...
To include the facts or not to include them, that is the question. In practice, some courts’ rules explicitly state that attorneys should assume the court is familiar with the facts. For moot court competitions, this may or may not be noted in the rules, so there are a few ways you can approach this: 1. Ask if the judges if they’d like a brief reci...
8. Mai 2019 · The oral argument will likely take place in an actual courtroom before a panel of judges, usually students, former Law Fellows or friends of present Law Fellows, although occasionally Law Fellows bring in attorneys. (Some students may argue in the SCI Moot Courtroom at GULC and may argue before a panel of all Law Fellows.)
4. Feb. 2022 · But how do you turn the hypo into an advantageous point for your argument? This and other high-level tips for answering oral argument questions were addressed in a breakout session at the 2021 AJEI Summit. The panel discussion was moderated by Justice Beth Watkins of the Texas Fourth District Court of Appeals located in San Antonio ...
