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TRANSCRIPT
Hardt Cup 2014
March 26 – April 9
What is Moot Court?
Moot Court is appellate advocacy
No histrionics – you stand at a podium
Professional style
Quality, depth, and structure of legal argument
What is the Moot Court Board?
Duke Law’s “Moot Court Team”
~10% of Each Class
How to get on: Hardt Cup (1L only) Dean’s Cup (2L + 3L only) Jessup Cup (International Law, entire school)
Why Join the Board?
Build confidence
Learn how to simplify complex legal arguments effectively
Set yourself apart “Moot court or journal preferred”
Improve writing and public speaking skills
Build relationships with fellow students and with faculty
Participate in interscholastic competitions
It’s fun!
Tournament Structure
The Hardt Cup
1L Tournament
The entire class must compete in the first round
Your choice to remain in the tournament after Round 1 (you opt in to all later rounds).
Your first chance to engage in appellate advocacy
First opportunity to join the Moot Court Board if you opt into Round 2
Hardt Cup Format: Round 1
Round 1: Wednesday, March 26 – Saturday, March 28 Everyone competes (that means you!) 2 arguments, 1 night: one as Appellant, one as
Appellee Compete against people in your LARW section 2-judge panels Judges are 2L and 3L students on
the Moot Court Board 10 minute argument for each side (including 1-2
minute rebuttal for Appellant)
Hardt Cup Format: Opt In
Voluntary After Round 1 We hope you sign up to remain in the tournament, but
participation is optional after Round 1
Procedure Follow this link to sign up
http://tinyurl.com/HardtCup14OptIn
Once you opt into Round 2, you are committed to arguing every round until you are eliminated
Be careful not to miss your deadline – no exceptions!
Opt-In Deadlines
Friday, March 28 (10pm) Section 1 (Dimond) Section 2 (Reeves) Section 4 (Mock) Section 5 (Ragazzo) Section 6 (Rich)
Saturday, March 29 (10pm) Section 3 (Mullem) Section 7 (Powell) Section 8 (Baker)
Hardt Cup Format: Round 2
Round 2: Monday, March 31 – Tuesday, April 1 Same parameters
Student judges 1 argument on each side (2 arguments total)
New case Materials provided via email 48 hours in advance (case
+ 4-5 other cases to use in building your argument) Limited Universe: you can only use the material
provided and cannot consult anyone else 4-6 hours to prepare (don’t skip class!)
Following Round 2, the top 64 competitors will be invited to move on to Round 3
Hardt Cup Format: Round 3,
Round 3: Friday, April 4 If you move on to Round 3, you must compete Same case, different legal problem
Following Round 3, the top 10% of the first-year class will be invited to join the Moot Court Board
Octofinals, Quarterfinals, Semifinals
Octofinals: Sunday, April 6 Top 16 competitors will move on to Octofinals Judged by panel of three Moot Court Board members
Quarterfinals: Monday, April 7 Top 8 competitors Judged by law professors 15 minute arguments per side
Semifinals: Monday, April 7 Top 4 competitors Judged by practitioners 15 minute arguments per side
Hardt Cup Format: Final Round
Finals: Wednesday, April 9 Panel of 3 prestigious federal/state judges It’s the real deal – and great experience 15 minute arguments (2-3 minute rebuttal) Same rules apply – limited universe, no outside
help, no skipping class
Board Invitations
Top 10% of 1L Class will get an invitation to join the board from the Hardt Cup ~ Top 21 competitors
Performance is on an individual basis
If you don’t make it, you can try again as a 2L in: The Jessup Cup (in the fall) The Dean’s Cup (starts in fall, ends in spring)
Argument Structure
Parties
In Federal Circuit Court Appellant (the party appealing) vs. The
Appellee (the one who won below)
In the Supreme Court: Petitioner (the one appealing) vs. The
Respondent (the one who won below)
How It Works: Before Your Round
If the room is occupied, knock once and wait for the room to clear
If the judges have left when competitors enter the room, competitors should wait for the judges to knock on the door and re-enter
When judges enter the room, both competitors must stand
Judges will often handle paperwork beforehand Score sheet information Rebuttal time
After formalities have concluded, the judges will signal the appellant/petitioner to approach the lectern and begin
How It Works: Structure
Each side gets 10 minutes Appellant/Petitioner begins
May reserve 1-2 minutes for rebuttal (1 is recommended) If you end early, you may reserve the remaining time for
your rebuttal Appellee/Respondent
No Rebuttal – use all 10 minutes in one go Appellant/Petitioner Rebuts
Focus on 1 (maybe 2) issues for your rebuttal 1-2 minutes runs quickly – keep it simple and to the point
How It Works
Moot Court is a competition
Scoring: 20 points possible for each argument
10 for style Clarity of presentation Responsiveness to questions Use of appropriate formalities Presence of verbal tics
10 for substance Command of fact pattern Well-supported, reasoned claims Knowledge and understanding of relevant law Substantively correct answers to questions
How It Works: Your Argument
Introduction
Roadmap
(Facts)
Issue One
Issue Two
Conclusion
Rebuttal (Appellant/Petitioner only)
Basic Argument Structure
Introduction: Circuit Court
“May it please the Court, my name is ______ counsel for the ______ (Appellant/Appellee), _______ (their name).”
Address judges as “Judge Posner” or “Your Honor” Supreme Court
“Mister/Madam Chief Justice, and may it please the Court, my name is ______ counsel for the ______ (Petitioner/Respondent), _______ (their name).”
Address justices as “Justice Kagan” or “Your Honor”
Rebuttal (Appellant/Petitioner Only): “With the Court’s permission, I would like to reserve __ (1-2)
minutes for rebuttal.”
Basic Argument Structure
Theme: “Your Honor, this case is about ____ (theme).”
Something that catches their ear. Sum up the case into a few words – very powerful.
Prayer for relief and roadmap: “This Court should _____ (affirm/reverse) the lower court, and
hold that _______ for ____ (number) main reasons: First, ___________, Second, __________, and Third, ______________.”
Short phrases – think topic sentences: Ex: “First, because justice demands it. Second, because of this
Court’s holding in Smith v. Taylor. And third, because I said so.”
Basic Argument Structure
Facts (Appellant/Petitioner only): “Would the court care for a brief recitation of the facts?”
Most judges will say “no” If the judge says yes, keep it short & simple Appellee/Respondent only offers facts if Appellant/Petitioner
made serious errors with LEGAL significance
Argument: Start with a thesis (like your opening, but with more detail) Apply facts, utilize case law Transition to your next point Do your best to follow your argument (go through point 1, then
2, then 3) but answer the judges questions This mirrors the structure of your appellate brief!
Basic Argument Structure
Conclusion: If you see 1 minute remaining, try to move to your
concise conclusion There is no need to ask permission to do this Incorporate your legal conclusions into the result you seek: “Thus, _____ (short summary of point 1). _____ (short
summary of point 2), and because _______ (short summary of point 3), this Court should _______ (affirm/reverse) the lower court’s decision and hold that _______. Thank You.”
If you don’t have time: “For the foregoing reasons, this Court should _______
(affirm/reverse) the holding of the court below. Thank You.”
Answering Questions
Conversational tone
Be respectful Begin your answer with “Yes, your honor” or “No, your honor”
before getting to your answer.
Be concise with every answer, you only have 10 minutes
Do not say, “I’ll answer that later in my argument”
Transition back to your argument: Yes, Your Honor . . . _________ (answer the question), and, as you
can see, your question actually goes to my second point . . .” Be smooth
Timekeeping
During Rounds 1, 2, & 3 One of the judges will keep time He or she will hold up a card at 5 minutes (“5”), 1 minute (“1”), and
at the conclusion of your time (“Stop”) If the “Stop” sign is raised while you are still speaking, stop
speaking and ask for permission to conclude If you are in the middle of a statement, ask, “Your honor, I see that
my time has expired. May I briefly conclude?” If a judge has asked you a question, ask, “Your honor, I see that my
time has expired. May I answer your question and briefly conclude?” Answer as quickly as possible and wrap up
You will be docked points for dragging this out
During the final rounds a bailiff will keep time Look at the bailiff to acknowledge the timecard but do not nod or
thank him (this is distracting to the panel)
Style Tips
Presentation Style
Be confident! Speak clearly and slowly Speak naturally Speak respectfully (this is a formal presentation)
Maintain eye contact when possible When responding to a judge’s question, make eye contact with the entire
panel Hold eye contact with a judge for a few sentences, then move to the next
judge
Don’t read your argument! You should have your opening and conclusion MEMORIZED Refer to notes only if needed Don’t script your argument – prepare an outline/bullet points with relevant
case law to cite
Speaking to the Court
Be deferential Judges will interrupt you whenever they want If a judge begins, STOP – don’t speak over a judge Judges can be belligerent; they are testing your
composure, so remain cool and confident Address the judges by name: “Yes, Judge Easterbrook,
the case can be distinguished” You can also address them as “Your honor” In the Supreme Court, “Justice Kagan/Mister Chief Justice”
Wait until the panel is ready to begin your argument
Speaking About Your Opponent
Never speak to your opponent. Only address the Court
Be polite “Opposing Counsel…” “Appellee/Respondent characterizes this case
as…”
Do not accuse your opponent of lying
Do not attack your opponent personally
Standing at the Lectern
You want the court to focus on your argument, not you
Stand up straight
Be steady (do not shift your weight so often that it becomes distracting)
Keep your hands at the sides of the lectern and do not lean on the lectern
Hand gestures are acceptable for emphasis but should be used sparingly so as not to be distracting
Preparation
How to Prepare (I)
Practice explaining your case out loud in simple terms Practice saying your Introduction and Conclusion aloud.
Focus on making positive points for your side rather than ranting about why the other side is wrong
Outline your argument (1-2 pages) Keep it simple 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
How to Prepare (II)
Use the cases! Cite cases to build your interpretation of the law Use the cases to make comparisons and analogies Refer to cases by name. “As the 4th Circuit held in
Pittman v. Hardt . . .” When referring to precedent in the sitting court, say,
“As THIS COURT held in Duke v. Vandenberg . . .” Say the full name of the case the first time, then
the shortened version throughout the remainder of your argument (“Pittman directly addressed this issue”)
What to Bring Up With You
Folder with 1-2 page outline of your argument Big font! Bullet Points Avoid writing full sentences. You will end up reading from your
paper instead of engaging with the judges. Ideas:
Table of Authorities from Appellate Brief Short case summaries with key facts List of facts from your case Don’t worry too much about cites to the record. Just know your
facts Roman numerals/numbers to keep your bearings if you get lost!
Attire
Business formal attire Dark suit, dress shirt, dress shoes (tie for guys)
Keep your hair out of your face/eyes
This is not time to show off your newest fashion.
You want to be remembered for your argument, not your rad, hot-pink Converses and yellow Wayfarers
Honor Code
Honor Code
Duke Law takes the Hardt Cup very seriously Hardt Cup is part of your LARW grade
Be on time! You are responsible for your schedule. If you don’t show up, your competitor can’t compete If you miss a first round argument, LARW trouble If you miss a later round, slim chances of making board
DO NOT TALK ABOUT THE CASE TO OTHER PEOPLE.
Calm Down
Deep breaths
If you put in the work, you will do fine—really.
You’ll find that this is a lot of fun
Do not miss class for this.
Questions?
Moot Court Skills Sessions! Tuesday, March 18 @ 3:00 PM, 3041 Tuesday, March 25 @ 3:00 PM, 3041
Talk to Zharna, Chris, or Phil in the hall
Email us at [email protected]