ࡱ> Z\Y` 0bjbjss 0F''b b b b b b b v zzz8<v p3(6662222222$ 5h73b 3b b 66*3b 6b 622k00b b 16 @7*z|1$2@30p31$.8j.8H1.8b 1 "3K_33~Xp3v v v  zv v v zv v v b b b b b b  첥AV Moot Court Competition: 2006 Participants Guide Preliminary rounds of the Competition will be held in Baxter Hall on Saturday, October 21. The First Round will begin at 9:00 A.M., and the Second Round will begin at 11:00 A.M. Room assignments will be available outside of Baxter 114, beginning at 8:30 A.M. Each team, consisting of two (2) members, will argue in two rounds, once as Petitioner and once as Respondent. PartyName in the Trial (District) CourtResult in the Trial (District) CourtName in the Court of AppealsResult in the Court of AppealsName in the Supreme CourtFred Perry PlaintiffLostAppellantWonRespondentDonald BudgeDefendantWonAppelleeLostPetitioner THE PROBLEM: The issue is whether a state's opening of each legislative session with a prayer is constitutional. A group of taxpayers has sued, claiming that the prayers delivered violate the First Amendment's "Establishment Clause." The state has defended the lawsuit by saying that the taxpayers do not have standing (the right to bring the suit) and that the legislative practices meet constitutional requirements. Fred Perry and three other plaintiffs (they are described in the problem) sued the Speaker of the Independence House of Representatives, Donald Budge, to stop the legislative prayer practice. The trial court refused to grant an injunction and Speaker Budge won. Perry appealed. Perry wins in the Court of Appeals, whose opinion is being distributed to you. Now, the State of Independence is appealing to the United States Supreme Court. DIVISION OF THE ARGUMENT: Donald Budge / State of Independence: The State agrees with the dissenting opinion. First Counsel: The plaintiffs do not have standing they have not been injured (or injured enough) to be able to sue. They claim standing as taxpayers, but they only complain about sectarian prayers. So, even if they win, their rights as a taxpayer wont be vindicated. Second counsel: Also agrees with the dissenting opinion. Theres a long, rich history of opening legislative sessions with a prayer, and theres a long, rich history of cases validating it. This is not a violation of the constitution. Fred Perry (and other Plaintiffs): First counsel: The majority (main) opinion got it right. The State of Independence is spending money on hosting pastors, clerics, and other religious people. Thats enough, even though it is slight, for these taxpayers to be able to complain about the practice of having mainly Christian prayers to open legislative sessions. Second counsel: The majority opinion also got it right. While there is a long line of cases that support legislative prayer, those cases do not support prayers and a prayer practice which are so focused on Judeo-Christian principles and which ask for blessings for a variety of activities and events. This is a violation of the First Amendment. ORAL ARGUMENT PROCEDURE: You will be judged by a panel of three judges, usually made up of a mixture of practicing attorneys, professors and judges who have had moot court, trial and appellate experience. Your argument should be stapled into a manila folder. It is NOT a crutch and DO NOT READ FROM IT VERBATIM. Use it for reference and to keep your place in your argument. Your folder should contain relevant facts, summaries of legal authorities or concepts, and other pertinent information. When you enter the room, put your name and the side you will be arguing on the blackboard. If you are in a courtroom without a blackboard, the judges will ask your name and the respective side you are arguing and will write it on his/her evaluation sheet. The Petitioner (States lawyers) always argues first. When the judges ask if you are ready to proceed, respond Yes, Your Honor. The introduction both sides should use is May it please the Court. My name is ___________, and I represent __________, the [Petitioner or Respondent] in this appeal. The Petitioner is allowed rebuttal and MUST reserve rebuttal time. You ask for rebuttal immediately after your introduction. At this time, I would like to reserve (1 to 3) minutes of my time for rebuttal. You will be timed by one of the three (3) judges. The timer will remind you how much time you have left. EACH person gets ten minutes. This may sound like an eternity, but it will go by quickly once you get into your argument. You will get a 5 minutes left signal card, and 2 minutes left signal card, and 1 minute left signal card and a STOP card. You wont believe how quickly the 5-minute card will be flashed at you. When the STOP card is flashed, it means STOP regardless where you are in your argument, but dont stop mid-sentence. The best way to handle this is to say, I see my time is has expired. May I have a moment to conclude? The judge will then grant you additional time to you to quickly finish your thought and cut to your prayer. More about the prayer later. Pay respect to the Court. Be deferential, yet assert your clients position. Never interrupt a judge let him/her get the question out before you start to answer it. Listen carefully to the question to ensure that you are really answering it. Never get mad at a judge or be argumentative be respectful and assertive (have a conversation with the judges dont run over them with a truck and call it advocacy!). DONT talk too fast. Speak clearly and in a moderate tone of voice. Dont dance behind the lectern. It is distracting, unprofessional and makes you appear nervous and tentative. Appear confident and collected (even if you dont feel it). Be calm and alert youll be amazed with how much it will enhance your argument. Dress appropriately. Conservative, dark suit and tie. PREPARING A SUCCESSFUL ARGUMENT: An oral argument has three basic parts the introduction, the body of the argument itself, and the prayer. The Petitioner must briefly state the RELEVANT facts of the case which should only last about one to two minutes. They must be fair, but can be slanted toward your theory of the case. Dont give facts not contained in the record. DONT ARGUE THE FACTS: ARGUE THE LAW! The factual argument was made at trial and has already been won or lost. This is the appeal, and the issues are now legal rather than factual. The Respondent should do one of the following: (1) accept the appellants statement of the facts; (2) make corrections in the appellants statement of facts; (3) clarify or point out any ambiguity in the appellants statement of the facts; or (4) make any necessary additions to the appellants statement of the facts. Take issue with the facts to suit your theory of the case. Be brief! DONT ARGUE THE FACTS: ARGUE THE LAW! Road map your argument. State the issues for the court to consider in clear, concise terms. BE PERSUASIVE. That is the whole object of an appellate argument. Tell the Court why you should win. The trial court erred in finding for the Respondent because or the ruling of the trial court should be upheld because (The word erred is pronounced so that it rhymes with bird). After you have road mapped your issues for argument, go back to point one and begin your analysis of each point/reason why you should win. The Prayer! Tell the Court in one sentence what you want them to do for your client. We respectfully request that this Court reverse/affirm the lower/trial courts decision. After your prayer, close your folder and sit down. For rebuttal, do not be verbose. Only one appellant gives a rebuttal. Your rebuttal should include one or two strong points. Listen to the Respondents argument closely to pick up on what the judges are questioning him/her about. If it favors your side, hit it hard in your rebuttal. An example might be the correction of a case that the Respondent did not analyze or apply correctly. Rebuttal is very important because it is a great way to win points, and a lawyers favorite thing to do is to have the last word. EYE CONTACT IS VERY IMPORTANT! Look directly at the judges as much as possible. This will also help you appear confident in your argument and enhance your overall advocacy style. The most important thing to keep in mind is that you are very familiar with your case and you know what you are talking about. The best way to avoid feeling nervous is to prepare your argument well, think clearly and HAVE FUN! You will receive feedback after both sides of the argument are completed (including rebuttal). The judges will give you helpful hints and comments that will be invaluable when you go on to the next round. WHY SO MANY QUESTIONS? The judges will ask you questions about the case. This will happen to EVERYONE, and the purpose is not to humiliate you or trip you up, but to see how well you know your material, how well you can think on your feet, and how well you respond and get back into the flow of your argument. Anticipate what these questions might be and prepare to respond to them. Dont write out an answer to any possible questions and then just read it. Thats not what the judges are looking for. Answer the question briefly and then get back into your argument. Remember, YOU control the flow of your argument as much as possible so dont open yourself up to distractions and interruptions if you can help it by silently fumbling around trying to figure out what to say next. OUTSIDE RESEARCH: Outside research is NOT required. It is entirely optional. The problem is a variation of Hinrichs v. Bosma, decided by the United States District Court for the Southern District of Indiana and currently pending on appeal to the United States Court of Appeals for the Seventh Circuit. The case is likely headed to the United States Supreme Court. If you do conduct outside research, be aware that there ARE differences in the facts presented in your problem and the actual case many differences are quite subtle, so be careful. Also, as with any socio-politically charged case, you may find blogs, discussion threads, and multiple advocacy groups on both sides of the issue. Pay attention to the quality of the resource.     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