Sentences with phrase «at oral argument»

There's little chance using one space will elicit a question at oral argument.

You'll see what's compelling at oral argument and in briefs, and you'll get a chance to peek behind the scenes and see how judges actually decide cases.

We recognize that a well - written, insightful brief creates the foundation for every appeal, and we build on that foundation with the presentation of the case at oral argument.

But as in other areas of legal practice, the reality is that the person you see at oral argument is just the tip of the iceberg.

Justice Scalia explained this best at oral arguments in Friedrichs v. CTA.

The arguments presented by the parties at oral argument before the Supreme Court evolved considerably from those made in the lower court proceedings.

Somehow this basic concept eluded the grasp of some of the learned judges on the NC Supreme Court at oral argument).

I think one of the things that has come about for me in doing this over the last 10 or 15 years is that I really noticed and heard a lot of more experienced attorneys complaining to me that they think younger attorneys are less adept at oral arguments because they don't practice formulating their SOPs.

The government conceded at oral argument that «any restitution award would be no more than a symbolic gesture.»

Raj Rajaratnam asked the Second Circuit on Monday to toss five of 14 insider - trading counts for which he is serving an 11 - year sentence, but a judge at oral arguments said his latest bid for a shorter prison term did not look like something a prisoner who has exhausted his direct appeal would argue in support of a finding of «actual innocence.»

• At an oral argument during the 1998 term, an advocate addressed a robed inquisitor as «Judge,» and so provoked a withering reminder that the Court comprised «Justices.»

At oral arguments about whether public prayers at a New York town's board meetings are permissible, the high court took a broad look at the country's church - state history and even the Supreme Court's own traditions.

At oral argument today, #SCOTUS skeptical of NCAA / fed govt defense of 1992 law barring virtually all states from authorizing sports betting.

The justices of the Court of Appeals appeared confused at the oral arguments, questioning why the case had made it all the way to their court.

~ Finally on Doctor Fraudpants: Steve McIntyre continues his analysis of the unsatisfactory presentations at oral argument in the DC Court of Appeals, noting (correctly) the disastrous response of National Review's lawyer to a question about Climategate.

«After seeing the proverbial writing on the wall at oral argument,» Bea said, PETA sought to drop the appeal and vacate an adverse lower court judgment, while maintaining Naruto was not a party to the settlement.

But Judge Brown wrote in her order that she «provided the parties with a specific and detailed analysis of each claim and its deficiencies at oral argument.»

To the people in the courtroom, it seems like a disarmingly humble gesture, as though the person who has been the senior associate Justice for well over a decade really doesn't want to intrude too much at oral argument.

One of the researchers, Alan Yu, wonders if men tend to compensate for a lack of confidence by using a «manlier» voice at oral argument.

I had the strong impression at oral argument that the panel had not understood (or perhaps even read) the briefs we or the government had submitted, and was in any event not particularly interested in the real issues in the case.

Yesterday, as The Wall Street Journal describes, Justice John Paul Stevens invoked the «I know it when I see it» line at oral argument in Caperton v. A.T. Massey Coal, which raises the question of whether a judge's failure to recuse himself from a case in which he received substantial campaign donations from one of the parties violates the Due Process rights of the other party.

As he noted at oral argument, the point of a treaty is to «freeze in time certain rights» and «ensure their existence in perpetuity.»

Again, there are hints of this in Justice Kennedy's remarks at oral argument: «I agree that we can assume that Filartiga is a binding and important precedent for the Second Circuit.

Candidly, the Government acknowledged at oral argument that a dog sniff, unlike the routine measures just mentioned, is not an ordinary incident of a traffic stop.

There is little case law on the requirements of Rule of Civil Procedure 41.1 as it regards sealing the record, and it appears the Court of Appeals raised this issue on its own at oral argument.

Many of the points in the district court's opinion mirrored Stein's responses at oral argument.

The Chief Justice rejects the distinction that the appellants and some interveners defended at oral argument between hearing fees and fees of other kinds (such as filing fees) which courts in every province levy.

In addition to winning the tournament's best brief award, Chicago - Kent's team excelled at oral arguments, losing only to the team from the University of Oklahoma that eventually won the competition.

However, questions asked at oral argument do not necessarily raise new issues, whether they address «components of the grounds of appeal put forward by the parties,» including by probing them in greater detail and by raising sub-issues, «or... go outside of those grounds in an aim to understand the context, statutory background or larger implications,» which «may be necessary for the court to gain a more complete understanding of the issues at hand» (par.

This issue was raised at oral argument in Trial Lawyers, and it is true that an expansive reading of that decision might be used to argue for the invalidity of such rules, since both their purpose and, surely, their effect, is to make some litigants forgo trials.

Carolyn Elefant stated, «[I'm excited about] new legal research products like CaseText's CARA that take a new approach to legal research — I can't wait to have it scrape the cases from a brief so I can have them all at my fingertips at oral argument.»

Chambers USA ranks her Band 1 for Trademark, Copyright & Trade Secrets in California, with clients reporting that she is «smart, creative and terrific at oral argument.»

The single best use of your time at oral argument is answering the Court's questions.

At the oral argument before this Court, when respondents» counsel was asked whether «this is just a purely Title VII case as it comes to us from the Court of Appeals without any constitutional overtones,» counsel responded:

However, his wealth seemed to trouble the Court at oral argument.

Attorneys are excellent communicators, adept at oral argument, and they're strong writers as well.

Barry «is a very active judge at oral argument, which is usually a sign a judge has already read the briefs and is very actively thinking about the case,» said David Fine, an appellate lawyer based in Harrisburg, Pa. «She is very polite in questioning and at the same time also direct.»

At oral argument in January, the justices were torn.

At oral argument, the plaintiffs seemed to carry the day.

At oral argument, plaintiffs described this case as part of a series of cases intended to move the entire industry... more and more to zero revenue sharing, based on the notion that zero revenue sharing is much less expensive for plans and for participants.

The court also notes that at oral argument, the plaintiffs contended that wrap coverage was indeed a finite good, but that Fidelity did not need to pursue it aggressively because other insurance products, suitable for the MIP but not suitable for Fidelity's competitors, were available.