THE ART OF ORAL
ARGUMENT
Tips and Strategies for Effective Appellate
Advocacy:
Moot Court and Beyond
TOPICS TO BE DISCUSSED:
Basic structure of the competition argument.
 Presentation of the argument.
 Strategies to win moot court points.
 Attire.

REMEMBER: IT’S MOOT COURT
WORLD

Moot Court is a competition, a game.

Score points for hitting certain markers.
“May it please the court”
 Road Map
 “Your Honor”
 Conclusion
 Prayer for Relief

Substance of your argument is certainly important.
 Also very concerned with style/presentation.

STRUCTURE OF A ROUND
•
•
Each side has a total of 10 minutes to argue.
Appellant/Petitioner begins
May reserve 1-2 minutes for rebuttal at beginning of
argument. (1 minute is recommended.)
– If competitor concludes early, may reserve remaining
time for rebuttal.
–
•
Appellee/Respondent responds for the full 10
minutes.
Is not permitted surrebuttal.
– If concluded argument but time remains, may yield
the time back to the court.
–
•
Appellant/Petitioner Rebuts.
BEFORE THE ROUND
If there are people inside your Room when it is
time for your scheduled round to begin, please
knock ONE TIME and wait for the room to clear.
 As soon as the previous Round’s competitors
leave, enter the room.
 Competitors should wait in the room for the
panel of judges to knock on the door and enter.
 When the judges enter the room, both
competitors must stand.
 After the judges are seated, Appellant/Petitioner
should approach the lectern and await the Chief
Justice’s signal to begin.

STRUCTURE OF AN ARGUMENT
Introduction
 Roadmap
 (Facts)
 Issue One
 Issue Two
 Conclusion
 Rebuttal – Appellant/Petitioner Only

INTRODUCTION

Begin with: “May it please the court, my
name is Thurgood Marshall, counsel for the
Petitioner, Oliver L. Brown.”

Petitioner/Respondent
–
–
–

When appealing to the Supreme Court
Use this during Rounds 2 & 3 of Hardt Cup
Address the Court as “Mr./Madam Chief Justice and may it
please the court…”
Appellant/Appellee
–
–
When appealing to Federal Circuit Court
Address the judges as “Judge”
RESERVE TIME FOR REBUTTAL

Petitioner should now ask to reserve time for
rebuttal:

“With the court’s permission, I would like to reserve 1
minute for rebuttal.”
THIS CASE IS ABOUT…
 Your
chance to frame the issue, without
misstating it.
 Appellant/Petitioner

“This case is about the inherent inequality of
segregated school systems, which stamp a badge of
inferiority upon minority children.”
 Appellee/Respondent

“This case is about the principles of federalism and
stare decisis, which counsel this court to affirm its
precedent in Plessy v. Ferguson that states may
operate separate facilities of equal condition.”
PRAYER FOR RELIEF AND ROADMAP
o
“This court should Reverse the lower court. . .”
–
o
“and hold that the Arkansas statute is
unconstitutional for two main reasons: . . .”
–
o
“Legal” aspect
“First, because segregated schools can never be
equal AND”
–
o
“Procedural” aspect; Reverse/Affirm
AND will be OR if you could win on either point
Second, because segregated schools violate the
equal protection clause of the 14th Amendment
to the United States Constitution.”
(FACTS)
•
If you are Appellant/Petitioner, you should offer
to recite the facts to your judges.
“Would the court care for a brief recitation of the
facts?”
– Most judges will say “No.”
– This should come after you read your roadmap and
before you begin Issue One.
–
•
•
No longer than 30 seconds; Three most important
facts.
Appellee/Respondent:
–
offer facts if Appellant/Petitioner made serious error
with LEGAL significance.
BODY OF THE ARGUMENT
•
•
•
Repeat your opening, adding a bit more detail
“First, schools separated on the basis of race can
never be equal because segregation ingrains in
minority children a deeply harmful sense of
inferiority.”
[Substance of your argument]
Detail for 3-4 minutes
• Facts
• Case Law
•
•
Transition to Second Point
•
“Second, segregated school systems violate the
Equal Protection Clause of the 14th Amendment as
articulated by this court in Bolling v. Sharpe.”
TIME KEEPING
•
During Rounds 1, 2, and 3
The Associate Justice will keep time.
The Associate Justice will hold up a card at 5 minutes
remaining (“5”), 1 minute remaining (“1”), and at the
conclusion of time (“Stop”).
– When your time lapses, you must stop and ask 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 is asking you a question, say, “Your honor, I see that
my time has expired. May I answer and then briefly conclude?”
Answer the question as quickly as possible and then wrap it
up. You will be docked points for dragging on here.
During Out Rounds: A bailiff will keep time
Look at the timekeeper to acknowledge the timecard
but do not nod or thank her. This is distracting to the
panel.
CONCLUSION
•
If you see one minute remaining, try to move to your
concise conclusion.
–
Incorporate your legal conclusions into the result you seek:
•
•
If your time elapses, say: “I see that my time has expired.
May I briefly conclude?”
–
•
•
“Thus, segregated school systems are unconstitutional regardless of
the quality of the buildings and comparability of the teachers’ salaries.
It is the inherent inequality of the separation itself which violates the
mandate of the 14th Amendment. For these reasons, this court should
reverse the court below and hold that the Arkansas statute is
unconstitutional. Thank you.”
Conclude BRIEFLY: One Sentence; or simply, “For the foregoing
reasons, Appellant asks this court to Reverse the holding of the
court below. Thank you.”
Include your Prayer for Relief here!
Thank the court and sit down.
REBUTTAL
•
•
The Achilles Heel of many oralists.
1-2 Minutes.
–
•
•
Keep it simple; focus on the main issues.
Begin with, “May it please the court, [Appellee
argues]”
–
•
With such a short round, advised to take only 1 Minute.
Respond to major legal flaws or implications of Appellee’s
position.
Advisable to have one or two points scripted out in
advance.
You have a general idea of what opponent will say; prep
responses.
– Do not make a list which you feel pressured to get through.
– BE RESPONSIVE !
–
ANSWERING QUESTIONS
•
At its heart, Appellate Argument is a conversation with the
court. Go where the judge takes you with a question.
Don’t say, “I’ll answer that later in my argument.”
– Part of the skill set is the ability to answer a question directly and
then circle back to your outlined argument.
–
•
Begin your answer with “Yes” or “No” whenever possible.
•
•
•
•
Don’t be evasive. Know what you can concede and don’t be afraid
to do so. Judges are testing the limits of your argument.
You are under time constraints so be concise.
Try to make transitions back to your argument fluid.
Ask for clarification if you don’t understand the judge’s
question.
•
One trick is to say, “As I understand your question, Justice
Feistritzer…” and then restate the question. This buys you time
to think of an answer.
MANNER TO THE COURT
•
Be deferential!
–
–
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–
–
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Judges can and will interrupt you at will.
If a judge begins to speak or you are certain she is
about to, STOP. Do not talk over a judge.
Judges can often be belligerent, they are testing your
ability to remain poised.
Wherever possible, address a judge by name, “Yes,
Judge/Justice Feistritzer, you make a good point.”
Say “Your honor” if you don’t know the judge’s name.
Wait until the panel is ready before you begin your
argument.
RESPECT TO YOUR OPPONENT

Please be polite when referring to your opponent.
“Opposing Counsel…”
 “Petitioner/Respondent characterizes this case as…”

Please do not accuse your opponent of lying.
 Please do not attack your opponent personally.

STANCE AT THE LECTERN
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•
•
•
•
The goal is for the court to focus on your
argument, not you.
Stand up straight.
Be steady.
Place your hands on the sides of the lectern but
do not lean on them.
Some gesturing is acceptable but only to enhance
a particularly compelling point. Otherwise, it’s
distracting.
PACE, STYLE OF PRESENTATION
Focus on speaking clearly and slowly, without
sounding unnatural or forced.
 Maintain eye contact whenever possible.

Hold eye contact with a judge for a sentence or two, then
move to the next judge.
 When responding to a judge’s question, make eye contact
with the entire panel.
 Have your opening and conclusion MEMORIZED.


Employ a formal, respectful manner of speaking.
ATTIRE
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•
Business attire.
Men:
–
•
Women:
–
•
Suit, dress shirt, tie, dress shoes.
Suit, dress shirt, dress shoes.
Everyone:
Style your hair out of your face/eyes.
– Again, you want to be remembered for your
argument, not your rad, hot-pink Converse and
yellow Wayfarers.
–
PREPARING YOUR ARGUMENT
Practice explaining your case out loud, in simple
terms.
 Focus on making positive points for your side
rather than ranting about why the other side is
wrong.
 Outline your points on 1 or 2 pieces of paper.

KEEP IT SIMPLE.
 Place 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 on the weak points in your
argument.

PREPARING YOUR ARGUMENT,
CONT’D

Use the cases!

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

Use the cases to build your interpretation of the law.
Describe case facts to make comparisons, 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 Law v. Vandenberg
School of Dance…”
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
and concluded…”
PREPARING YOUR ARGUMENT:
WHAT TO BRING UP WITH YOU
Big Font!
 Bullet Points
 Avoid writing full sentences, you will read 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 and/or numbers, to keep your
bearings if you get lost!
PREPARING YOUR ARGUMENT,
CONT’D
Practice saying your Introduction and Conclusion
aloud.
 Get in the habit of speaking slowly and clearly.
 Relax and have fun!
