Saturday, August 17, 2019
Moot Court Outline
General Outline of a Moot Court Argument INTRO May it please the court, my name is _____ and I represent the Petitioner/Respondent __(name)___. [REBUTTAL REQUEST & PROCEDURAL BLURB (for Petitioner ONLY)] With the courtââ¬â¢s permission, I would like to reserve 2 minutes for rebuttal. Thank you. This case is on appeal from the District/Circuit Court (name of court). The District/Circuit Court denied Petitionerââ¬â¢s request for _____, holding _____. ROADMAP Your honors, _______ is a violation of international law and we ask that you ________ for (the following) two/three reasons: 1.First, [substantive legal argument ââ¬â strongest point] 2. Second [substantive legal argument] 3. And Third, as a matter of public policy OR as public policy dictates, [policy argument] ARGUMENT 1. With respect to the first point your honors . . . OR First, . . . CONCLUSION Since [first point], [second point], and [third point], Petitioner/Respondent respectfully requests that this Court finds __ __ a violation of international law. Thank you. [REBUTTAL (for Petitioner ONLY)] Respondent made one/two point(s) that I would like to address. (First) Respondent stated that . . However, . . . OR Respondent contends that _____. However, . . . MISCELLANEOUS SUGGESTIONS ââ¬â For Rebuttal: o Attack misstatements and glossed-over weaknesses. o Address concerns of the court. o One to two points ââ¬â most important point first. ââ¬â If you obviously and/or materially misspeak, say ââ¬Å"rather, ____â⬠OR ââ¬Å"pardon me your honors, what I mean to say is ____â⬠and correct yourself. ââ¬â If you are really hard-pressed for a transition, say, ââ¬Å"which brings me to my second/third pointâ⬠and find a way to fit what you were talking about into that point. If you are going to quote a case, drop the case language verbatim into your outline and KNOW the pin cite. ââ¬â If you arenââ¬â¢t sure what the judge is asking, seek clarification. o This can also be used as a stall tactic if you are unsure how to answer the question. o Say something like, ââ¬Å"Your honor, I want to make certain I understand your question, would you mind regarding-phrasing? â⬠ââ¬â DONââ¬â¢T: o Say, ââ¬Å"I donââ¬â¢t knowâ⬠in response to a question. ? If you donââ¬â¢t know the answer, say something more like, ââ¬Å"Your honor, I am unable to fully answer your question at this time.However, I would be more than happy to submit a supplemental brief on the issue/matter/case. â⬠o Smile or laugh or otherwise lose composure during argument (unless the judges are smiling and laughing and you feel it would be inappropriate to NOT smile and laugh). o Take a pen up to the podium. ââ¬â DO: o Outline your argument! ? Try to reduce your argument to 2-3 pages. ? Use headings and sub-heading. Bold, capitalize, etc. for ease of reference. ? Use a manila folder to organize your arguments. â⬠¢ Take nothing but that manila folder up to the podium. Listen carefully to opposing counselââ¬â¢s arguments and the judgesââ¬â¢ questions. ? Take verbatim notes of both. Quote and/or directly address if appropriate. o Know, in advance of the argument, which points you are willing to concede (if any). o Preface your answers with the following: ? Yes your honor, however . . . ? No your honor. â⬠¢ Be cautious using this one ââ¬â it can appear less-than deferential. ? I (respectfully) disagree with your honorââ¬â¢s characterization/construction of . . . o Have your introduction, [procedural blurb], roadmap, and conclusion memorized.
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