How do oral arguments work

When the clock shows you are out of time, quickly conclude the argument by finishing your sentence. The chief justice will tell the parties when to begin their arguments. Remember that it is your job to convince the Supreme Court that the Superior Court judge made a legal mistake. Briefly discuss the legal issues that you will talk about and then discuss each significant issue in more detail. Focus on the issues you think are most important.

Explain simply the factual and legal grounds for the outcome you want - this is usually that the court reverses the decision below. Do not try to phrase your arguments in legal jargon. Instead, use plain language to explain your arguments. You can also use a descriptive term such as "the employee" or the "injured person. The justices often ask the parties questions about areas they think are important. Usually the questions are about the facts of the case or some point of law.

You should promptly answer the question the best you can. Be aware that a question does not necessarily reflect how the entire court views the case or even that issue. But it gives you a chance to respond to an individual justice's possible concerns. No extra time is added to a party's argument time for the time spent on questions. Remember to never interrupt a justice who is asking you a question. Remember that it is the appellant's job to convince the Supreme Court that the Superior Court judge made a mistake.

It is the appellee's job to convince the Supreme Court that the Superior Court's decision was correct so that the court upholds that decision. Before the argument, write notes or an outline of why you think that the Superior Court decision was correct.

During the argument, listen carefully to what the appellant says in her opening argument. Write down notes about any issues you want to address when it is your turn to argue. Clearly and concisely tell the court why you think the appellant is wrong and the Superior Court decision below is correct.

The appellee does not get time for a rebuttal argument so make sure you say everything you think is important during your allotted time. The time allowed for argument is short so preparation helps use the limited time effectively. You should be able to talk about the significant facts and controlling legal doctrines and be very familiar with the record from the Superior Court.

Memorize your opening and your roadmap. The most successful oral advocates memorize their opening roadmap and maintain eye contact with the judges throughout. This is the best way to make a good first impression of confidence and preparedness. Order of Argument Begin the body of your argument by discussing the first issue in your roadmap. Make your argument, and then proceed directly to your second issue. There is no need to pause or to solicit questions.

The judges will interrupt you with questions as they wish. Answer their questions directly and use your roadmap and outline to find an appropriate place at which to continue arguing. Conclusion When you have finished your argument, end with a clear statement of what you are asking the Court to do a "prayer for relief". Do not bring pens, pencils, or loose watches with you to the podium.

Limit shifting around and excessive hand gestures while at the podium. Many competitors keep their hands on each side of the podium to prevent this. Approach your oral argument as a conversation with, not a lecture to, the judges. Engage in an exchange of ideas with the judges and respond to their concerns. Don't read a speech to them. Be aware that at any time during your argument, the judges can and will interrupt you with questions. It is vital that you fully answer the question to the best of your ability when the judge asks it.

Do not tell a judge that you will answer that particular question later in your argument. Go where the judge leads you, even if that means not following the argument that you planned. Don't let this aspect of moot court competition frustrate or distract you. Part of the challenge is adapting to and taking into consideration the judges' concerns, while finding the time and opportunity to still voice the important parts of your argument.

It is fully acceptable to ask for clarification and almost always preferable to answering a question the judge did not really ask. If a judge asks a "yes" or "no" question, answer first with "yes" or "no" -- then elaborate. For example, reply with, "Yes, Your Honor, in fact When a judge starts talking, you should stop talking immediately , even if he or she has interrupted you mid-sentence or even mid-word.

It is okay to stand firm in respectful disagreement with a judge as long as you can back up your position with a well-reasoned argument. The specific cases to be argued each day, and the attorneys scheduled to argue them, are identified on hearing lists for each session and on the day call for each argument session.

Courtroom seating is available to the public on a first-come, first seated basis. Availability of Oral Argument Transcripts. You can clarify the points you made in your brief, tell the appellate court what you think is most important about your arguments, and answer questions from the appellate court judges.

Options for Oral Argument Preparing for Oral Argument At Oral Argument Deciding whether to have oral argument When you are deciding whether to participate in oral argument, remember that the judges will have already read the briefs, so it is not necessary to read your brief to the judges. Oral argument is not a chance to read a prepared statement out loud or to talk about what is in the brief.

If everything you want to argue is in the brief, then you should think about not participating in waiving oral argument. Oral argument is your chance to clarify the points you made in your brief, tell the appellate court what you think is most important about your arguments, and answer questions from the appellate court judges. If you want to orally argue, be prepared and flexible — the judges may interrupt you and the other side to ask questions about your case and the laws and other cases that you cited or should have cited.

Telling the court whether you want oral argument Once all the briefs have been filed or the time to file them has passed, the court will send you a notice with the date for oral argument and will probably ask you if you want to have oral argument.

To let the court know that you do NOT want to have oral argument: If the court sends you a notice asking you if you want to participate in oral argument and you do NOT respond, the court will assume you are waiving your oral argument. If the notice does not specifically ask you if you want oral argument, you can let the appellate court know, in writing or in person, that you want to waive oral argument.

To prepare for oral argument: Check the laws that you referred to in your brief and make sure the law has not changed. It is important to make sure that your authorities published court decisions, constitutions, statutes, court rules or other legal authorities you cited in our brief to support what you say is the law are not outdated.

Cases may have been overruled or depublished which means they cannot be cited as authority. New laws may be in place. If you find out that any authority that you cited in your briefs is not valid anymore or if you discover new authorities, then notify the court and other parties in writing before the oral argument.

This is especially important if you want to cite the new authorities at oral argument. Review the record, the arguments both sides made, and the key authorities because the court may ask you questions about anything.