I.
Benefits of moot court participation
II.
Basics of oral argument
A.
Purpose
B.
Presentation (general comments)
1.
dress
2.
posture and body movement
3.
“sign posting”
4.
eye contact
5.
showing respect and deference a.
how to address the court i.
standing ii.
using proper form of address (it can vary; know it cold)
(a) when addressing an individual judge
(b) when addressing all of the judges
(c) when speaking of another judge iii.
having pronoun trouble! b.
how to answer questions c.
how to address opposing counsel and party d.
comportment when not arguing e.
personality and temperament
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f.
candor and honesty g.
helpfulness
6.
language a.
“legalese” b.
level of formality c.
“Ummm . . .” (etc.) i.
why stop? ii.
how to learn if you are doing it iii.
how to stop doing it iv.
silence in lieu of it
7.
speed and cadence
8.
knowing what to take and what not to take to the podium (“the folder” v. briefs v. record v. authority) a.
moot court b.
real life
9.
telling a story and having a theme
C.
Components
1.
preliminary housekeeping matters a.
announcing ready b.
time-keeping i.
when another keeps your time ii.
when you keep your own time c.
requesting rebuttal time (appellant or petitioner)
2

2.
“MIPTC” a.
Write it out! b.
It’s not a question, but it’s kind of a question . . . .
3.
introduction a.
Introduce yourself. b.
include co-counsel, if any (first speaker only). c.
Include client. d.
Know it cold.
4.
“hook”/theme a.
Easy does it! b.
Know it cold.
5.
roadmap a.
first speaker of each pair: i.
Tell court what you want it to do (reverse, affirm, modify, etc.), and be specific. ii.
Know how to ask for a reversal (or modification + affirmance). iii.
Identify global issues. iv.
Divide global issues. v.
Know it cold! b.
all speakers: i.
Give roadmap of points you will address under your issue. ii.
Know it cold, but be flexible. iii.
Consider how to transition if you’re the second speaker.
3

6.
background statement (appellant or petitioner, first speaker only) a.
content i.
Give the factual background. ii.
Give the procedural background. b.
comments i.
Keep it short! ii.
Make it persuasive, but without argument. iii.
Know it cold. iv.
Be prepared to stop. v.
Know the current trend . . . .
7.
argument a.
organization i.
Give brief standard of review if common to all points on roadmap. ii.
Follow where the roadmap leads you. iii.
Follow where Q&A leads you iv.
Within discussion of each point:
(a) Tell court what point on the roadmap you’re entering (i.e., which sub-issue)—transition + segue.
(b) Generally follow IRAC:

Give law [standard of review (if different for individual points) + substantive law + procedural law, if any].

State any extra, pertinent facts.

Apply facts to law.

State recommended holding on point.
4

v.
Refer to parties in appropriate ways:
(a)
In general: comments re use of “appellant,” “appellee,” “petitioner,”
“respondent”
(b) your client: Personalize (use name, not “appellant” or “appellee”).
(c) opposing party: Consider using term that makes party less personal
(e.g., corporate name), but depends. b.
Q&A i.
deference during Q&A ii.
answering first, then embellishing iii.
answering compound questions iv.
getting back on track v.
preparing for the “hot” panel and for the “cold” panel c.
transitions among points d.
mastery of record and authority e.
peppering argument with your theme f.
special comments for appellee i.
the facts ii.
the law iii.
the goal: telling your story + rebutting/clashing
8.
closing
9.
prayer a.
stating how the trial court (etc.) erred or did not err (etc.) b.
specifying the relief sought
5

10.
rebuttal a.
what it is b.
how to organize it c.
what to take to the podium for it d.
what the goals are: rebutting/clashing + telling story
11.
keeping track of time a.
managing time b.
running out of time
D.
Practice makes perfect!
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