Factums
Where should you first introduce the reader to the conclusion of your paragraph?
A) In the first two lines
B) In the middle of the paragraph
C) In the last two lines
D) It varies by case: it’s a stylistic choice
A) In the first two lines
Q: How should one catch the decision-maker’s attention in the opening?
A: 3 & 4 both work. $75 for one right answer; see after if they can get the second for $25
Presenting the general facts of the case as context
Outlining your argument systematically
Using a citation from authority in your favour
Referencing an arresting fact to intrigue the audience
Both correct:
Using a citation from authority in your favour
Referencing an arresting fact to intrigue the audience
On which side of the tug of war between objectivity and your client’s interests should you be?
A. The objective side: justice is blind!
B. Your client’s interests: how can you call yourself an advocate if you don’t advocate for your client?
C. In the uncomfortable, compromising middle
C. In the uncomfortable, compromising middle
What are the three B’s?
A. Be brave, be brief, and be besties with the judge
B. Be prepared, be brief, be gone
C. Be amazing, be quick, and be happy
D. Be prepared, be gone, and be confrontational
B) Be prepared, be brief, be gone
If a judge is confrontational during the questioning period, you should
A. You should sigh and be annoyed
B. You should be happy to oblige with a short elaboration
C. You should ignore the question and just move on to your next point
D. You should go off on a tangent and confuse the judge
B. You should be happy to oblige with a short elaboration
What could be improved/changed with the following sentence:
“The incident occurred on or about the 9th of October, 2024”
Advice: “Don't really date, you know, that much" (Good Will Hunting, 1998)
Solution: “The incident occurred one year ago.”
Oral Arguments - $200
Watch the action and then rewind: what did they do incorrectly?
Advice: "Take only what you need to survive." (Spaceballs, 1987)
Solution: Only cite the 1 or 2 most authoritative cases.
Demeanor - $200
Watch and rewind: what did they do incorrectly?
Advice: "The Eyes, Chico, they never lie." (Scarface, 1983)
They were reading off their script.
They were not talking from the heart and looking into the judge’s eyes.
Jimmy is working with Devi on their submissions. He tells her to immediately start researching, before they’ve come up with their argument.
What should they have done differently?
Advice: "Theory is the Beginning of Solution" (The Last man on Earth, 1964)
Solution: Before conducting their research, Jimmy and Devi should know their theory. They should define the issue in a manner that is clear, simple, and objective.
Towards the end of counsel’s allotted time, Justice James asks counsel a particularly difficult question. Not having an answer prepared, counsel vamps for the remaining 2 minutes, ensuring that they don’t look foolish.
What did counsel do wrong?
Advice: "Questions. Questions that need answering." (Lord of the Rings: Fellowship of the Ring, 2001)
Solution: Always try to answer the question. Judges will know when you're weaseling out of a question, and you will appear less credible.
Lightning Round!
Q: Avoid legal jargon! Replace the following jargon with proper English (one point each):
Prior to
Subsequent to
Mandates
Utilize
Terminate
Necessitate
Remuneration
Adjacent to
Provided that
Pursuant to
Prior to = before
Subsequent to = after
Mandates = requires
Utilize = use
Terminate = end
Necessitate = need
Remuneration = salary, wages, or pay
Adjacent to = next to
Provided that = if
Pursuant to = under
Oral Arguments - $300
What is wrong with the lawyer's presentation?
Advice: "Less talking, if you don't mind" (Harry Potter and the Prisoner of Azkaban (2004))
Solution: Consider making your best point your only point
Demeanor - $300
What could the lawyer have done better?
Advice: "Just stay cool, keep focused." (2 Fast 2 Furious, 2003)
Solution: During your oral submissions, you will need to keep your cool.
Preparation $300
What did the Lawyer do wrong?
Advice: "Remember who you're dealing with" (Erin Brockovich, 2000)
Solution: The lawyer didn’t remember that the CoA likely doesn’t need a repetition of the facts, and that opposing counsel would be present to hear all of the mischaracterizations.
Dealing with Judges $300
What could the lawyer have done better?
Advice: "Don’t judge them from this meeting alone" (The Departed, 2006)
Solution: Assume the judge has a base level of knowledge about some topics, and only touch briefly on areas that judge's are likely to know about.
Note all the problems with this sentence when it comes to false intensifiers: “The unconstitutional actions taken by the government were, without a doubt, absolutely, totally, and undeniably the most flagrantly egregious violation of rights ever witnessed in the history of humanity.”
(There are 9 false intensifies problems, plus a bonus - each worth $30.)
9 false intensifiers: without a doubt; absolutely; totally; undeniably; most flagrantly; egregious; ever witnessed; in the history of humanity
Bonus: "The unconstitutional actions taken by the government" is a passive construction.
Oral Argument - $400
How should our lawyer respond in this situation?
Advice: "You know the question…" (The Matrix, 1999)
Solution: Be careful when a judge rephrases your position. You can accept parts of it, but you should restate your argument in your own careful terms to avoid being boxed into something harmful
Demeanor - $400
What was problematic about this piece of IP oral advocacy?
Advice: The eyes, chico, they never lie (Scarface, 1983)
Solution: The lawyer should engage the judge conversationally by answering the question rather than attempting to stick to the script.
Preparation - $400
What's wrong here?
Advice: "Lean and Hungry" (Gladiator, 2000)
Solution: Better preparation can result in fewer pages being needed on the stand.
Lightning Round!
Name the 6 different types of questions that judges commonly ask
Genuine Inquiry
Ingenuine Inquiry
Is this your position?
Hostile Fire
Collateral Fire
Crossfire