1. 2016 Hardt Cup Competition March 30-April 12

2. Hardt Cup Coordinators ●Alan Fu ●Aleaha Jones ●Jasmin Lott ●Jennifer Tian dukehardtcup@gmail.com

3. What is Moot Court? ●Moot Court is appellate advocacy ●Presenting argument (and answering questions) before a panel of judges--no juries ●It’s about developing a professional style of presentation, and quality, deep, well- structured arguments.

4. What is the Moot Court Board? ●Duke’s Moot Court “team” ●~10% of each class ●Three ways to be invited: o The Hardt Cup (1Ls only) o The Dean’s Cup (2Ls and 3Ls) o The Jessup Cup (entire law school)

5. Why join the Board? ●Build confidence in your speaking ability ●Learn how to simplify complex legal arguments ●Distinguish your resume o “Journal or Moot Court preferred” ●Build relationships with fellow students and faculty ●It’s fun!

6. The Hardt Cup Structure ●The LARW Oral Advocacy Component o All 1Ls are required to compete in the LARW Component as a part of the LARW curriculum. o A “good faith effort” is required. ●The Hardt Cup Tournament o After the LARW Component, you can choose to opt-in to the Hardt Cup Tournament. o This is your first chance to engage in appellate advocacy. o This is how the majority of students are invited to join the Board.

7. The Hardt Cup LARW Component ●Wednesday, March 30-Saturday, April 2 o Everyone competes in the LARW Component o 2 arguments, 1 day: once as Petitioner/Appellant, and once as Respondent/Appellee o Compete against others in your LARW section o Moot Court Board Members serve on 2-judge panels for each argument o Each side will receive 10 minutes to argue o For Petitioner/Appellant, this includes a 1-2 minute rebuttal

8. The Hardt Cup Tournament ●Monday, April 4-Tuesday, April 12 o After the LARW Component, participation is optional. o We hope that you choose to continue by opting-in to the Hardt Cup Tournament. o To opt-in, visit http://law.duke.edu/students/orgs/mootcourt/hardt/ho witworks/ and follow the link to opt-in. http://law.duke.edu/students/orgs/mootcourt/hardt/ho witworks/ o Once you opt-in, you are committed to competing in the tournament for as long as you advance.

9. Opt-in Deadlines ●Students that argue on Wednesday, March 30-Thursday, March 31 by 11:59pm on Thursday, March 31. ●Students that argue on Friday, April 1- Saturday, April 2 must opt-in by 11:59pm on Saturday, April 2.

10. The Hardt Cup Tournament: First Round ●First Round: Monday, April 4-Tuesday, April 5 o The same structure as the LARW Component  Two-judge panels made up of Board Members  10 minutes per side, including 1-2 minute rebuttal for Petitioner  Competitors argue each side once o New Problem  The materials will be provided 48 hours prior to your argument date and will include the problem along with several cases for you to use in preparing your arguments.  The problem will utilize a limited universe: outside research is not permitted, nor is collaboration with other students, Board Members, or any other attorneys.  You should spend no more than 4-6 hours to prepare.

11. The Hardt Cup Tournament: Round of 48 ●Wednesday, April 6 o After the First Round, the top 48 competitors will move on to the Round of 48. o This will be determined by taking the scores from the LARW Component and the First Round, dropping the single highest and single lowest, and averaging the remaining. o This round will use the same problem and materials and follow the same format as the First Round. o Once again, outside research is not permitted, nor is collaboration with other students, Board Members, or any other attorneys.

12. Board Invitations ●After the Round of 48, the top 22 competitors (10% of the 1L class), will be invited to join the Moot Court Board. ●This will be based on an average of your scores during the competition, meaning your highest and lowest scores from the last three rounds (including the LARW Component) are dropped. ●If you don’t make it, you can try again as a 2L in the Jessup Cup and/or the Dean’s Cup.

13. The Hardt Cup Tournament: The Final Rounds ●Sweet Sixteen: Friday, April 8 ●Elite Eight: Sunday, April 10 ●Final Four: Sunday, April 10 ●Championship: Tuesday, April 12 ●In the Final Rounds, each competitor will argue only once.

14. The Hardt Cup Tournament: Sweet Sixteen ●Friday, April 8 o Top 16 competitors argue a single time. o The problem will remain the same, but you will receive additional materials to help you refine your arguments. o However, it will remain a limited universe and outside research is not permitted o Board Members will serve on a three-judge panel. o Competitors will argue for 15 minutes each, including a 2- 3 minute rebuttal for the Petitioners.

15. The Hardt Cup Tournament: Elite Eight ●Sunday, April 10 o Top 8 competitors argue only once. o The problem will remain the same. o Faculty members will serve on a three-judge panel. o Competitors will argue for 15 minutes each, including a 2-3 minute rebuttal for the Petitioners.

16. The Hardt Cup Tournament: Final Four ●Sunday, April 10 o Top 4 competitors argue only once. o The problem will remain the same. o Practitioners will serve on a three-judge panel. o Competitors will argue for 15 minutes each, including a 2-3 minute rebuttal for the Petitioners.

17. The Hardt Cup Tournament: Finals ●Tuesday, April 12 o The problem will remain the same, o Real judges will serve on a three-judge panel. o Competitors will argue for 15 minutes each, including a 2-3 minute rebuttal for the Petitioners. o This is the real deal and a great opportunity to get experience arguing in front of actual judges.

18. How It Works: Before Your Round ●If the room is occupied when your argument is scheduled to begin, knock once and wait for the room to clear. ●If the judges are not in the room, you should wait outside for the judges to return and call you in. ●After the formalities have concluded, the judges will signal the Petitioner/Appellant to begin.

19. How It Works: Argument Logistics ●Each side receives 10 minutes (or 15 in the later rounds) o The Petitioner/Appellant begins  You may reserve 1-2 minutes for rebuttal (1 is recommended)  This time will come out of your main argument time and should be reserved at the beginning o Respondent/Appellee  No rebuttal, use all ten minutes in your main argument o Petitioner/Appellant Rebuttal  Focus on 1 or 2 issues for your rebuttal  1-2 minutes runs quickly--keep it simple and to the point

20. How It Works: Scoring ●40 points possible for each argument o 8 for structure  Introduction  Roadmap  Argument  Conclusion o 16 for substance  Well-supported/reasoned claims  Command of materials and law  Responsiveness to questions

21. How It Works: Scoring (cont.) o 16 for presentation  Clarity  Transitions  Use of appropriate formalities  Presence of verbal/physical tics  Tone  Eye Contact  Pacing

22. The Argument: Parties ●In Federal Circuit Court o Appellant (the party appealing) vs. Appellee (the party that won below) ●In the Supreme Court o Petitioner (the party appealing) vs. Respondent (the party that won below)

23. The Argument: Components ●Introduction ●Roadmap ●{Facts} ●Argument ●Conclusions ●Rebuttal (Petitioner/Appellant only)

24. The Argument: Structure ●Introduction o Circuit Court  “May it please the Court, my name is _____, counsel for the (Appellant/Appellee), _____ (the party’s name).”  Address judges as “Judge_____ (their name)”, or “Your Honor” o Supreme Court  “Mister/Madam Chief Justice, and may it please the court, my name is _____, counsel for the (Petitioner/Respondent), _____ (the party’s name).”  Address justices as “Justice ______(their name)”, or “Your Honor” o Request for rebuttal (Petitioner/Appellant only)  “With the Court’s permission, I’d like to reserve (1-2) minutes for rebuttal.”

25. The Argument: Structure (cont.) ●Roadmap o Part 1: Theme  “Your Honors, this case is about ______ (theme).” ●Something that catches their ear ●Sum up the case in a few, powerful words o Part 2: Prayer for Relief and Arguments  “This Court should (affirm/reverse) the lower court, and hold that ______ (what you want them to hold) for _____ (number of points) main reasons.”  First, ________  Second, _________  Third, _________ o Use short phrases--like topic sentences

26. Framing Your Theme ●This is your chance to shape the issues in your favor and is one of the most important elements of your presentation ●Remember: the judge is less familiar with the case than you are. The framework orients him or her in the area of law at issue. ●Examples (Brown v. Board of Education): o “This case is about the inherent inequality of segregated school systems, which stamp a badge of inferiority upon minority children.” o “This case is about the principles of federalism and stare decisis, which counsel this court to affirm its precedent in Plessy v. Ferguson, allowing states to operate separate facilities of equal condition.”

27. The Argument: Structure (cont.) ●Facts (Petitioner/Appellant only) o The judges may ask you for a brief recitation of the facts, but most judges will not ask for this. o If the judges do ask, keep it short and simple, such as stating your three best and worst facts. o Respondent/Appellee only offers facts if Petitioner/Appellant made a LEGALLY significant error.

28. The Argument: Structure (cont.) ●Your Argument o Start with a thesis (like your opening, but with more detail). o Apply the facts and utilize case law. o Transition between your points. o Do your best to go through your entire argument as laid out in your roadmap, but make sure you answer the judges’ questions. o This should mirror the structure of your appellate brief.

29. The Argument: Structure (cont.) ●Conclusion o When you see 1 minute remaining, try to move to your concise conclusion.  Incorporate your legal conclusions into the result you seek  “Thus, because ______(short summary of point 1), ______ (short summary of point 2), and _________ (short summary of point 3), this Court should ______ (affirm/reverse) the lower court’s decision and hold that ________. Thank you.” o If you don’t have time for that conclusion:  “For the foregoing reasons, this Court should _____ (affirm/reverse) the lower court’s decision. Thank you.”

30. General Argument Organization ●Do not be afraid to move around your argument as you go. o Judge’s questions will get in the way; go with the flow. ●Try to be aware of where you are in your argument ●Don’t get lost ●Don’t be afraid to repeat things for emphasis ●Hit your main points ●Highlight opponent’s weaknesses

31. The Argument: Presentation ●Be confident o Speak clearly and slowly o Speak naturally o Speak respectfully (this is a formal presentation) ●Maintain eye contact as much as possible o When responding to a judge’s question, make eye contact with the entire panel o Hold eye contact with a judge for a few sentences then shift to the next judge

32. The Argument: Presentation ●Don’t read your argument o You should have your opening and closing memorized o Refer to notes only if needed o Don’t script your argument--use an outline with bullet points

33. The Argument: Presentation (cont.) ●Speaking to judges o Be deferential  Judges will interrupt you whenever they want.  When a judge begins speaking, stop talking immediately--don’t speak over a judge.  Sometimes judges are belligerent--they are testing your composure, remain cool and confident.  Address the judges by name (“Chief Justice/Justice/Judge _____”) or by “Your Honor.”  Wait until the panel indicates that you can begin to start your argument.

34. The Argument: Presentation (cont.) ●Speaking about your opponent o NEVER speak to your opponent in your argument--only address the Court. o Be polite--refer to your opponent as Petitioner/Appellant/Respondent/Appellee. o Do not accuse your opponent of lying. o Do not attack your opponent personally. o Focus on your own argument only referring to your opponent’s argument when you are making a counterargument.

35. The Argument: Presentation (cont.) ●Speaking from the lectern o You want the court to focus on your argument rather than you. o Stand up straight. o Be steady (do not shift your weight or fidget a lot as it can be distracting). o Keep your hands on the lectern, but try not to squeeze too tightly and do not lean on the lectern. o Limit your hand gestures--only use them for emphasis.  A good rule of thumb is to keep at least one hand on the lectern at all times.

36. The Argument: Presentation (cont.) ●During Appellee/Respondent’s argument or Appellant/Petitioner’s rebuttal, respond to your opponents arguments with counterarguments ●A good way to do this is by using the questions the judge asked your opponent during their argument ●Your argument is not done when you stop talking o Maintain composure at all times o Don’t smile or look angry o Don’t react to your opponent’s argument unless to write notes

37. Responding to Questions ●Try to maintain a conversational tone ●Be respectful o Begin your answer with “Yes, your honor” or “No, your honor” before you start your answer. ●Be concise with your answer, you only have ten minutes ●Do not say, “I’ll answer that later in my argument” ●Transition back to your argument o “Yes your honor ___________ (your answer), and, your question actually goes to my second point _____ (your second point).”

38. Responding to Questions ●Know what you can concede and don’t be afraid to do so ●Ask for clarification if you do not understand a question o One way to do this is to say, “As I understand your question, Justice _____,” restate the question and then give your answer

39. Timekeeping During the LARW Component, the First Round of the Hardt Cup Tournament, and the Round of 48, one of the judges will keep time ●He/she will hold up a card at 5 minutes, 1 minute, and when your time ends ●If time expires while you are still speaking, ask for permission to conclude ●If you are speaking when time expires - immediately stop and say “Your honor, I see that my time has expired, may I briefly conclude?” ●If a judge is asking a question when your time expires - wait for him/her to finish and say “Your honor, I see that my time has expired, may I answer your question and briefly conclude?” ●If they say yes, make sure you actually are brief. At most, finish your sentence and say the short conclusion. If you drag this on, you will lose points.

40. Preparation ● Practice explaining your case in simple terms out loud. o Practice saying your Introduction and Conclusion out loud. ●Focus on making positive points for your side rather than ranting about why the other side is wrong. ●Outline your argument (1-2 pages) o Keep it simple o Keep this outline in your folder and refer to it as needed. Try not to look down if you can avoid it ●This is a conversation, not a speech. ●Anticipate questions and prepare responses.

41. Preparation (cont.) ●Use the cases o Cite cases to build your interpretation of the law. o Use the cases to make comparisons and analogies. o Refer to cases by name (i.e. “As the fourth circuit held in Pittman v. Hardt...”). o When referring to precedent in the sitting court, say, “As THIS COURT held in Duke v. Vandenberg...”. o Say the full name of the case the first time, then the shortened version throughout the remainder of your argument.

42. What to bring with you ●Folder with your 1-2 page outline of your argument o Use a big font! o Use bullet points o Avoid writing full sentences; you will end up reading from your paper instead of engaging with the judges o Make sure it is well organized and includes the cases you are going to use as authority, facts you may need, and short case summaries with the facts

43. Attire ●Business Formal attire o Dark suit, dress shirt, dress shoes (tie for guys) ●Keep your hair out of your face and eyes. ●This is not the time to show of your new fashion.

44. Honor Code ●Duke Law takes the Hardt Cup, particularly the LARW Component, very seriously. o The LARW Component is a required for you to receive credit for LARW. ●Be on time. You are responsible for your schedule. o If you don’t show up, your competitor cannot compete. o If you miss one of your LARW Component arguments, you will have serious problems with your LARW class. o If you miss a round in the Hardt Cup Tournament, after the LARW Component, you will not make the Moot Court Board. ●Policies on Collaboration o Review the policies online at http://law.duke.edu/students/orgs/mootcourt/hardt/howitworks/

45. Honor Code ●Policies on Collaboration o Review the policies online at http://law.duke.edu/students/orgs/mootcourt/hardt/howitworks/ http://law.duke.edu/students/orgs/mootcourt/hardt/howitworks/

47. Stay calm ●This seems like a lot right now, and might seem very scary. ●If you put in the work, you will do absolutely fine--really! ●In fact, this can be a lot of fun. ●It also doesn’t have to be a huge time commitment. ●So, do NOT miss class for this!

48. Demonstration

49. Questions? ●Talk to Alan, Aleaha, Jasmin, or Jenn in the hall ●Email us at dukehardtcup@gmail.comdukehardtcup@gmail.com