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In this lesson, you will get tips for arguing a motion in court, how to state the facts and share the law, reasons to share appellate cases, and rebuttal arguments.
Oral argument
- Greet the judge and briefly state your name and role, plaintiff or defendant.
- Summarize your legal premise and state the legal, moral, or public policy reasons why you should win.
- State the facts fairly. You’re telling a story, so be compelling.
- State the law in such a way that your facts are strongly connected to it.
- Say exactly what the law is but interpret what that means to you.
- State your strongest point. Then give a simple but strong example of that point.
- Don’t read or otherwise appear to be unsure.
- Name your strongest appellate case and identify the court, the facts, the outcome, and reasoning in the case
- Tie in the facts of your own case. How are the facts similar to the appellate case?
- State other cases only if necessary.
- End on a strong note. Touch upon your introduction and briefly tell the court why you should prevail and what you want the court to do.
- When done, stop talking. No extra stuff.
- Be ready for questions.
- If you’re allowed a rebuttal, address the strongest and most damaging points your opponent made and identify defects in your opponent’s argument. Then, go after their biggest appellate case with opposing cases.
- Drive home your strongest point and reiterate the reasons you should prevail.
Transcript
Greet the judge and briefly state your name and role, plaintiff or defendant.
Summarize your legal premise and the legal, moral, and public policy reasons why you should win.
Then briefly state the conclusion you think the court should come to.
State the facts fairly. You\’re telling a story. You want it to be compelling. Let your words create a picture for your audience and make issues and basic disputes clear.
The story you tell and the tone in which you tell it should fit the facts, type of case, and your goals and audience.
In argument on a motion to dismiss will be different than one for sanctions.
State the law, but try to do it in such a way that your facts are strongly connected to it.
Be accurate, but at the same time, state the law in a favorable light. That is, say exactly what the law is but interpret what that means to you.
State your strongest point, then give a simple but strong example of that point.
For instance, a simple car accident example might be a good build up for a more horrifying injury dispute. This should come easily off your tongue. Don\’t read or otherwise appear to be unsure.
Name your strongest appellate case for that point.
Identify the court where the case was decided and the facts of the case. Go on to state the outcome of the appellate case, and the court\’s reasoning and why it\’s important.
Then tie in the facts of your own case. How are the facts similar to the appellate case?
State other cases only if you feel it\’s necessary.
End on a strong note, Touch upon your introduction and briefly tell the court why you should prevail and what you want the court to do.
When done, stop talking. No extra stuff.
Be ready for questions at any point in your argument, especially at the end. You should have anticipated and rehearsed the answers to any questions the judge is likely to ask.
Listen to the question and don\’t overthink it. The judge is not trying to trick you. It\’s okay to pause for a minute and consider what the judge is concerned about.
Does he simply want to clarify something? Or does he have questions about the merits of your case?
Keep your answers short and on point.
If you\’re allowed a rebuttal, address the strongest and most damaging points your opponent made. Identify defects in your opponent\’s argument.
Then go after their biggest appellate case with opposing cases.
If you can\’t thoroughly do that, try to soften the blow by driving home your strongest point.
In the end, reiterate the moral, legal and policy reasons why you should prevail.