How to Win on Appeal
Before even speaking a word in court, an advocate's credibility is judged based on this document
What is the brief?
This type of document should never be read verbatim during an oral argument but rather used as a guide to keep the argument focused
What is an outline?
Instead of meandering through minor points, this aggressive strategy advises attorneys to attack the most critical issue head-on
What is "go for the jugular"?
To hold an audience's attention so they are not waiting for the conclusion, a lawyer should do this during oral argument
What is become a performer?
When you notice opposing counsel made a material misstatement, should you:
(A) politely correct with record/case citations
(B) launch personal attacks on opposing counsel
What is (A) politely correct with record/case citations?
A well-written, concise, and fair brief helps an advocate earn this in court
What is credibility?
This is considered incredibly important during oral arguments to establish a connection with the judges and ensure effective communication
What is eye contact?
This three-letter acronym reminds lawyers to be ready for anything in court
What is "A.B.P." (Always Be Prepared)?
Lawyers should avoid doing this with their hands, as it can be distracting to their argument
What is fluttering them?
Which is the better approach in oral argument?
(A) rambling on to fill time
(B) keeping it short and letting the court ask questions
What is (B) keeping it short and letting the court ask questions?
Every case on appeal should have one of these, which focuses on the key legal issue
What is a central theme?
When presenting an oral argument in a criminal case, you should only include this type of information, which is essential for understanding the issue at hand.
What are the immediately necessary facts?
Upon the case being called, this is the first phrase you should say to begin your oral argument.
What is “may it please the court?”
A strong persuasive tool includes using these figures of speech to make an argument more memorable
What are metaphors?
When a judge asks a question, should a lawyer:
(A) answer directly and return to the main theme
(B) dodge the question and keep talking
What is (A) answer directly and return to the main theme?
This type of court, often found at the federal level and not to be confused fire, has judges who actively engage in questioning
What is a hot court?
Some lawyers make the mistake of bringing a co-counsel to argue with them, even though this original commandment rule suggests it’s a bad idea
What is "one lawyer is better than two"?
When a judge asks a question during your argument, this is the immediate action you must take
What is stop talking immediately?
While humor can be effective in oral advocacy, it must also be this to avoid coming off as merely comedic
What is relevant to the argument?
When a judge asks a difficult question, should a lawyer:
(A) stall by restating the question in different words
(B) answer it directly, then return to their main theme
What is (B) answer it directly, then return to their main theme
Lawyers should avoid doing this during oral argument, as it encroaches on time and can lead to crucial questions being addressed to the wrong person
What is dividing arguments between multiple lawyers?
This original commandment phrase describes when a lawyer fumbles a winning argument, turning a likely victory into a loss
What is "snatching defeat from the jaws of victory"?
If you don’t fully understand a judge’s question, this is the appropriate step to take
What is asking to restate or clarify the question?
Over half of a lawyer's time is spent in this, making it a crucial skill for building confidence and persuasion
What is oral advocacy?
When an attorney begins their oral argument, should they:
(A) start with a basic discussion of the facts of the law
(B) get to the point right away
What is (B) get to the point right away?