Citations
Spot the mistake: Id at 27.
What is..."Id.” must be italicized and include a period
These are the 3 things a plaintiff must prove to make a prima facie case
What is...
1. Plaintiff belongs to the protected class
2. Plaintiff sought accommodation, and the employer did not accommodate her
3. Employer did accommodate others “similar in their ability or inability to work”
A method to help your reader see your organization by explicitly stating how the argument ahead is organized
What is..a roadmap
You should avoid sitting shotgun on an eight hour roadtrip with this person
Who is...Annie
This is the intro phrase to an oral argument.
What is... Your honor, and may it please the court.
In a full case citation, this formatting rule applies to the court and year information
What is...placing it in parentheses
Spell the name of the virus in this case
What is...Oropouche
Efficiency, administration of justice, separation of powers, and appropriate allocation of power between states and the federal
What is... Examples of Substantive Law and Its Underlying Policy Themes
This person is most likely to get away with murder
Who is...Emma
This is the third step to the introduction in an oral argument
What is...provide aroadmap of the argument for the court
Spot the mistake: Smith v. Jones, 555 U.S. 123, (2010).
What is...there should be no comma before the parenthetical. Smith v. Jones, 555 U.S. 123 (2010).
This is the binding law in this case.
What is...Title VII, 42 U.S.C. § 2000e(k)
The following is an example of what persuasive technique: “The Sixth Circuit has previously recognized adherence to a uniformly applied policy as a legitimate, nondiscriminatory reason. See Tysinger v. Police Dept. of City of Zanesville, 463 F.3d 569 (6th Cir. 2006)”
What is...
• Persuasion through Citations
• Emphasize Weight of Authority of Citation
• Ethos
You would not want this person in your band (yet)
Who is... Jamahl
The introduction for your oral argument should not go longer than ____ seconds
What is... 60 seconds
This abbreviation must be used for "Second Series" when citing to older federal and regional reporters
What is..."2d"
Eduardo Berto is in this type of therapy
What is...whirlpool therapy
The attorney for Karolek chooses to write the following: "According to Davis, she was discriminated against by Karolek…”. It previously said: "According to Davis, Karolek discriminated against her…”.
What is... strategic use of passive voice
This person has a dog you would avoid on the street
Who is...Alex
Responses to judges' questions should always be framed in a way that is...
What is... Direct or Persuasive
Spot the mistake: U.S. Const., Art. II, § 3.
What is...extra comma after “Const.” that doesn’t belong. U.S. Const. Art. II, § 3.
This person is the notary public in the case
Who is...Shane Kirby
This is an example of what persuasive technique:
• Karolek’s brief says: “Once the plaintiff has made out a prima facie case, the burden of production shifts to the employer, and the employer must offer a legitimate, nondiscriminatory reason for denying her accommodation. Young, 575 U.S. at 229.”
• Davis’s brief says: If the plaintiff can meet her burden to make out the prima facie case, the burden of production then shifts to the employer to offer a legitimate, nondiscriminatory reason for denying her accommodation. Young, 575 U.S. at 229.”
What is...drafting a rule from the client's perspective
This person wore muddy boots to school until 5th grade
Who is... Anna
A trial court judge would be most concerned about hearing these two things
What is...
1. The existing governing law
2. How the facts apply to that law