Welcome to USF Moot Court 2010

Introductions

 Moot Court Board: Elisa Cervantes, Executive Director Tiffany Danao, Advocacy Director Emily Schmidt, Managing Director Sally White, Development Director Steven Disharoon, Development Director

Moot Court Faculty Advisors Introductions: Moot Court Faculty Advisors  Program Coordinator: Prof. Edith Ho

Moot Court Faculty Advisors Introductions: Moot Court Faculty Advisors  Faculty Advisor: Prof. Suzanne Mounts

Moot Court Case Counsel Introductions: Moot Court Case Counsel

 13 Second and Third Year Students Who Excelled in First Year Moot Court and Other Advocacy Programs Will Assist You Throughout The Program  Case Counsel Worked With the LRWA Professors and the Board to Research and Develop Each Topic  A Case Counsel Will Be Assigned to a LRWA Section to Coach Them Through Moot Court

Agenda  Overview of the Moot Court Program  Prof. Ho: Good Faith and Recommended Reading  Schedule of Important Dates  Case Counsel: Helpful Hints  Question and Answer Session  Conclusion

Overview of Moot Court What do you need to know about Moot Court?

Overview of Moot Court  Moot Court is an exercise in writing an opposition paper and arguing your motion at the trial level.  Moot Court is NOT Mock Trial!!  Moot Court is Designed to Replicate the Oral Argument of a Motion to a Real or Fictitious Trial Court.  The Motion Involves Orally Presenting the Arguments You’ve Written in Your LRWA Memorandum of Points and Authorities or Your Opposition Paper, to a Panel of Judges.

Overview of Moot Court What Does This Mean For You? 1.You will research and write an opposition paper. 2.Depending on which role you have been assigned, you will argue your side before a panel of trial judges. 3.You will do all of this within a span of 1 month, which means you must practice effective time management.

Overview of Moot Court The Emphasis of the Moot Court Program is on:  A well researched and effectively written opposition paper.  A well rehearsed and effective oral argument.

Overview of Moot Court Awards Will Be Given Out at the End of Moot Court in Each Topic For:  Best Opposition Paper  Best Oral Argument

Overview of Moot Court What side am I arguing?

Overview of Moot Court All students are divided up as either Plaintiffs or Defendants.

Overview of Moot Court Plaintiffs  Plaintiffs are bringing suit in the trial court. However, depending on the nature of the motion, they may or may not be the moving party.

Overview of Moot Court Defendants  Defendants are being sued at the trial level. Depending on the nature of the motion, they may or may not be the moving party.

Overview of Moot Court Who Is Assigned to be a Plaintiff or a Defendant?  Sometime after the opposition papers have been submitted, students will be divided within LRWA classes.

Prof. Edith Ho  Good Faith Effort Required to Receive Credit For Moot Court: Must Turn In Your Opposition Paper, Attend Videotaping and Complete Your Oral Argument  Winning an Appeal by Myron Moskovitz  The Little Book on Oral Argument by Alan Dworsky

Moot Court Handbook  Moot Court Handbooks will be distributed in your mail folders on Friday, March 5 th.  Take time to read the Handbook before you meet with your Case Counsel on March 16 th.

First Meeting with Case Counsel  Monday, March 15, 9:00 a.m.: Case Counsel and Room Assignments for First Meeting Posted  Tuesday, March 16, 12:30-1:20 p.m. or 5:30 – 6:20 p.m.: Students in ALL SECTIONS meet with individual Case Counsel to receive overview of Moot Court and first assignment. Your time for your meeting will be posted along with your Case Counsel and room assignments.

Turn in Opposition Paper  Monday, March 22: All students turn in papers to Case Counsel at individual meeting Sections 1 & 2: 12:30 – 1:20 p.m. Section 3: 5:30 p.m. – 6:20 p.m.

Oral Advocacy Workshop  Tuesday, March 23, 12:30-1:20 p.m.: Section 1 Oral Advocacy Workshop  Wednesday, March 24, 12:30-1:20 p.m.: Section 2 Oral Advocacy Workshop  Wednesday, March 24, 5:30-6:20 p.m.: Section 3 Oral Advocacy Workshop

Videotape Sesssions and Oral Arguments  March 25 – April 1 & April 5 – 9 45-MinuteVideotaping Session with Your Case Counsel  Monday, April 5, 3:00 p.m. Oral Argument Schedule Posted  Saturday, April 10 & Sunday, April 11 Oral Argument Weekend

Requests for Exceptions The Deadline to Submit Requests for Exceptions to These Mandatory Events is Friday, Feb. 19 at 4:00 p.m. The request must be in writing. No guarantees. Very few exceptions.

Case Counsel Helpful Hints James Arcellana  Do not overdo your folders. Your argument should be a conversation, and no conversation can flow well when one person is paying more attention to their papers than to the judges.

Case Counsel Helpful Hints Monica Baranovsky  Try not to “freak out.” Prepare hard, take advantage of all the opportunities to practice and refine your arguments, and then on the day of, just “go with it,” know that you did your best, and have fun.

Case Counsel Helpful Hints Lisa D’Annunzio  The appearance of confidence goes a long way. Remain calm and poised during your argument and maintain good eye contact with the judges

Case Counsel Helpful Hints Eve Finstein  Judges love to ask a leading yes or no question designed to back you into a corner. Don’t be afraid to answer this type of question directly. Remaining committed to your final point, rather than concerned the judge will be able to disprove it, will make it difficult to back you into a corner

Case Counsel Helpful Hints Carl Hammarskjold  When a judge asks you a question, don't treat it like an interruption that you just need to get past. Treat the question as an invitation to talk about something that the judge cares about.

Case Counsel Helpful Hints Devin Kinyon  Try to separate the LRW final from your oral argument in your mind. Let go of your LRW final so that you can enjoy and learn from the Moot Court experience, which focuses on a different skill set.

Case Counsel Helpful Hints K.C. Meckfessel  Find your personal style by observing others.

Case Counsel Helpful Hints Michael Pasternak  Try to practice your oral argument multiple times-it's hard to imagine how it will be making these arguments until you actually start saying them out loud.

Case Counsel Helpful Hints Rachel Perez  After listening to the judge's question, take a brief moment to pause, think and formulate your answer. Don't feel anxious about answering the judge's question right away.

Case Counsel Helpful Hints Jonathan Shugart  Be sure to eat a healthy breakfast.

Case Counsel Helpful Hints Giselle Sotelo  Know your case inside out so you won't be caught off guard. The more you prepare, the more confident you'll feel going into arguments.

Case Counsel Helpful Hints Achal Srinath  Try to give the judge a reason to care about what you are saying. Frame the issue as one of importance. Make them understand the consequences of their decision.

Case Counsel Helpful Hints Jaime Walter  Don't memorize your argument but do memorize your intro. Making eye contact during the first 20 seconds is critical and will impress the judges. Also, make sure you inject some passion into your intro; sound excited to be up there!

Questions About Moot Court Questions?

Contact Information  Moot Court Office: KN 112  Phone Number: (415)   Website:

10 Steps to Moot Court Success (1)Meet Case Counsel and get assignment (2)Write opposition paper (3)Turn in opposition paper (4)Attend Oral Advocacy Workshop (5)Practice argument in front of a mirror

10 Steps to Moot Court Success (6) Videotape argument (7) Practice argument (8) Pick up suit at dry cleaners (9) Practice argument in front of your friends (10) Make argument to judges

Conclusion  Work Hard During Moot Court: What You Get Out of Your Experience Will be in Direct Proportion to What You Put Into It  Most of All: HAVE FUN!!!