1. Welcome to USF Moot Court 2009

2. Introductions

3.  Moot Court Board: Phillip Babich, Executive Director Lailah Morris, Advocacy Director Stephen Hew, Managing Director Jen Stanger, Topics Director Stewart Kellar, Topics Director

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

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

6. Moot Court Case Counsel Introductions: Moot Court Case Counsel

7.  18 Second and Third Year Students Who Excelled in First Year Moot Court and Will Assist You Throughout The Program  Case Counsel Researched and Developed Each Topic and Wrote Their Own Fact Patterns under the Supervision of the Board and Prof. Ho  Case Counsel Supervise Groups of 12-14 Students Assigned To Argue the Problems They Developed

8. Agenda  Overview of the Moot Court Program  Prof. Ho: An Overview of Appellate Procedure and Appellate Standards of Review  Schedule of Important Dates  Case Counsel: This Year’s Topics  Question and Answer Session  Conclusion

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

10. Overview of Moot Court  Moot Court is an exercise in writing a brief and arguing your case at the appellate level.  Moot Court is NOT Mock Trial!!  Moot Court is Designed to Replicate an Appeal to a Fictitious State Supreme Court, Federal Circuit Court, or the U.S. Supreme Court  An Appeal Involves Filing a Written Brief and Arguing Your Brief Before the Court

11. Overview of Moot Court What Does This Mean For You? 1.You will be assigned a topic. 2.You will research cases related to your topic. 3.You will write a persuasive appellate brief using the law and facts to support your client’s case. 4.You will argue your case before a panel of appellate judges. 5.You will do all of this within a span of 1 month, which means you must practice effective time management.

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

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

14. Overview of Moot Court What is my topic, and am I Petitioner or Respondent?

15. Topic Assignments  Topic assignments will be posted on the Moot Court Bulletin Board in the Student Boulevard.  You will meet with your case counsel to get your topic, which will include the fact pattern, a statement of the case, and leads for case law.

16. Overview of Moot Court All students are divided up as either Petitioners or Respondents.

17. Overview of Moot Court Petitioners  Petitioners lost at the lower court and are bringing an appeal to the appropriate appellate court.  Petitioners bear the burden of convincing the appellate court to overturn the lower court’s ruling.

18. Overview of Moot Court Who Is Assigned to be a Petitioner?  All students in Section 1.  Students in Section 3 with last names A-Ga

19. Overview of Moot Court Respondents  Respondents won at the lower court level and are responding to petitioner’s appeal.  Respondents attempt to persuade the court to affirm the lower court’s ruling.

20. Overview of Moot Court Who Is Assigned to be a Respondent?  All students in Section 2.  Students in Section 3 with last names Gh-Z.

21. Prof. Edith Ho  The Statement of the Case and the Statement of the Facts Establish the Procedural Posture of the Case  Good Faith Effort Required to Receive Credit For Moot Court: Must Turn In Your Brief, Attend Videotaping and Complete Your Oral Argument  Appellate Standard of Review: de novo  Winning an Appeal by Myron Moskovitz  Importance of Effective Time Management

22. Topic Assignments Posted  Monday, March 16, 9:00 a.m.: Individual Topic Assignments Posted  Tuesday, March 17, 4:30-5:20 p.m. or 5:30 – 6:20 p.m.: Students in ALL SECTIONS meet with individual Case Counsel and pick up problems. Your time will be posted along with your topic.

23. Turn in Brief  Monday, March 30: All students turn in briefs in the Moot Court room (Zief 02) Section 1: 11:00 a.m. – 1:00 p.m. Section 2: 8:50 a.m. – 10:50 a.m. Section 3: 4:20 p.m. – 6:20 p.m.

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

25. Videotape Sesssions and Oral Arguments  April 5 – April 9 and April 13 – April 17 45-MinuteVideotaping Session with Your Case Counsel  Monday, April 13, 4:00 p.m. Oral Argument Schedule Posted  Saturday, April 18 & Sunday, April 19 Oral Argument Weekend

26. Requests for Exceptions The Deadline to Submit Requests for Exceptions to These Mandatory Events is Friday, Feb. 20 at 4:00 p.m. The request must be in writing. No guarantees. Very few exceptions. usfmootcourt@usfca.edu

27. Case Counsel Topic Introductions  Each topic has been researched and developed around a state court/federal circuit split in authority.  Topics are balanced with adequate facts and/or authority on both sides of the split.  Do not prejudge a topic simply because of the area of law it encompasses.

28. Case Counsel Topic Introductions Tiffany Danao  Topic A: (Employment Law) Plaintiff’s prima facie burden in a reverse discrimination case under Title VII.

29. Case Counsel Topic Introductions Ariel Salzer  Topic B: (Torts/ADA) The duty to provide accommodations on a website for the visually impaired.

30. Case Counsel Topic Introductions Ning Yu  Topic C: (Contracts) Mental incapacity defense to validity of an arbitration clause.

31. Case Counsel Topic Introductions Allison Low  Topic D: (Criminal Procedure) Sufficient level of suspicion for seizure at a ruse drug checkpoint

32. Case Counsel Topic Introductions Sally White  Topic E: (Immigration) Whether statutory rape is an aggravated felony under the INA.

33. Case Counsel Topic Introductions Ashley Connell  Topic F: (Criminal Law/Immigration) Whether attempted illegal re-entry into the U.S. is a general intent crime.

34. Case Counsel Topic Introductions Elisa Cervantes  Topic G: (Criminal Procedure ) Sentencing enhancement for unduly influencing an undercover “minor.”

35. Case Counsel Topic Introductions Steve Disharoon  Topic H: (Statutory Interpretation) Standard of proof for determining aggravated identity theft.

36. Case Counsel Topic Introductions Kyoungjoo Kim  Topic I: (Trademark) Use of a competitor’s trademark to trigger sponsored search results

37. Case Counsel Topic Introductions Ben Anderson  Topic J: (Remedies) Per diem argument in closing statement for calculation of damages.

38. Case Counsel Topic Introductions Neil Cherubin  Topic K: (Copyright) Whether "making available" a copyrighted music file violates the distribution right.

39. Case Counsel Topic Introductions Nick Larson  Topic L: (Civil Procedure) Applicable test for granting a motion for realignment.

40. Case Counsel Topic Introductions Carlo Miranda  Topic M: (Criminal Law) Whether escape from a halfway house is a crime of violence.

41. Case Counsel Topic Introductions Sachi Clements  Topic N: (ADA) Standard for showing whether a contagious disease is a “direct threat” under the ADA.

42. Case Counsel Topic Introductions Alex Walden  Topic O: (Employment ) Franchisor liability for sexual harassment by franchisee.

43. Case Counsel Topic Introductions Emily Schmidt  Topic P: (Criminal Law) Whether teeth are a deadly weapon.

44. Case Counsel Topic Introductions Janice Jentz  Topic Q: (Torts) Whether wrongful birth can be a cause of action.

45. Case Counsel Topic Introductions Vanessa Williams  Topic R: (Employment ) Whether an English-only workplace policy is discriminatory.

46. 10 Steps to Moot Court Success (1)Get topic assignment (2)Meet Case Counsel and get problem (3)Write brief (4)Turn in brief (5)Attend Oral Advocacy Workshop

47. 10 Steps to Moot Court Success (6) Practice argument (7) Videotape argument (8) Practice argument (9) Pick up suit at dry cleaners (10) Make argument to judges

48. Questions About Moot Court Questions?

49. 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!!!

50. Contact Information  Moot Court Office: Zief 02  Phone Number: (415) 422-5118  Email: usfmootcourt@usfca.eduusfmootcourt@usfca.edu  Website: www.usfca.edu/org/mootcourt/