Instead of relying solely on briefs or
a brief oral argument to win a case, trial attorneys need to put in a lot more face time.
Not exact matches
The plaintiffs emphasized in their Monday
brief «the importance that the cases move expeditiously to resolution,» adding that the parties will soon submit a «joint proposed schedule for prompt summary - judgment
briefing and
oral argument following consolidation.»
The teacher should then explain how a case makes its way to the USSC Court and what an attorney needs to do to prepare for his / her USSC presentation (write a
brief and prepare an
oral argument)
Virginia Rutledge, counsel for The Andy Warhol Foundation for the Visual Arts (which filed a friend of the court
brief in the case), told A.i.A., «The outcome can't be predicted based on questions raised during
oral argument, but the Court has before it very compelling
arguments for Prince's transformative use of Cariou's imagery and the significance of the First Amendment speech interests at stake, and was openly dismissive of allegations of market harm.»
In contrast, a contested case hearing is the equivalent of a bench trial —
briefing, witnesses,
oral argument, etc..
«In a final written
brief before the high court hears
oral arguments, Delaware's lawyers argued that New Jersey claimed an exclusive right to land under the Delaware River only after BP «convinced them to reverse New Jersey's decades - long policy of cooperation» on boundary - straddling projects along the Delaware River.»
Peter Keisler is regarded as a «phenomenal» advocate, with sources highlighting his superior
brief writing as well as his proficiency in
oral argument.
We are experienced at
briefing and
oral argument before the Supreme Court on the merits of cases, and also at the certiorari stage.
Jonathan Hacker is highly active and very well reputed for both his
brief writing and his
oral arguments.
When students argue in a
brief or
oral argument that a particular precedent should be followed, they engage in reasoning by analogy.102
Dan Himmelfarb earns impressive praise for his «pitch perfect»
oral argument skills and his «effective
brief writing.»
Although some judges come to a decision after reviewing the
brief, the
oral argument provides an appellate attorney with an opportunity to make a final
argument.
In other words, the appellate
brief sets the table for the
oral argument.
That first sentence, whether it is the introduction to a
brief, or an
oral argument, will set the tone.
Veteran
brief - writer Brian Keller gives us the nuts and bolts, from writing to
oral argument, expanding on last week's Q&A covering the specialized world of appellate practice.
The amount of time in a typical day spent on either one of those tasks ebbs and flows depending on whether the courts are in session, what issues the courts are granting for
briefing, whether
oral argument is being granted, and so on.
It's a shame, because I, for one, would have been interested to read his take on the appellate
briefing and
oral argument process in this one.
The vast majority of appeals are resolved without
oral argument, which means that the
brief is likely the only chance an attorney will have to present a client's case on appeal.
It never occured to me that not having
oral argument or full
briefing would be a problem.
During her third year of law school, Maria participated in the University of Georgia's Appellate Litigation Program, where she helped draft a
brief for habeas corpus relief to the U.S. Court of Appeals for the Eleventh Circuit and participated in
oral argument for that matter.
Justice Sotomayor cited the Commission's
brief favorably during
oral arguments, arguing that it was «a fairly simple set of rules clearly defined and limiting the application of this statute in a way that sort of makes sense» (transcript p. 13).
The 6th DCA issued an order requesting more
briefing and giving the parties the opportunity to request
oral argument.
Ms. Wydler has developed an effective appellate practice for the firm through incisive
brief writing and presenting
oral arguments at the Eleventh Circuit Court of Appeals and district courts of appeal in Florida.
Jacques L. Wiener, Jr., Ruminations from the Bench:
Brief Writing and
Oral Argument in the Fifth Circuit, 70 Tul.
Eventually, you may have the opportunity to present a second
brief or participate in an
oral argument in order to refute any statements from the appellate court judge.
For example, a freelance lawyer who drafted an appeal, who wrote a
brief, might do an
oral argument.
After all, if a Supreme Court advocate like Morrison, with twenty
oral arguments under his belt and who played a substantial role in researching and drafting the District's 15,000 word
brief due at the Court tomorrow is regarded as fungible, what hope is there for the rest of us?
Mr. Thomasson didn't file a
brief in the case, so he won't be permitted to participate in
oral argument.
The Fellows attend
oral argument and the moot courts, draft the Supreme Court Report, and often prepare a multi-state amicus
brief.
The Ohio Center for Law - Related Education hosts the moot court competition to test students» skills in legal
brief - writing and
oral arguments.
Justice Ruth Bader Ginsburg explained that the «
brief is ever so much more important» than the
oral argument.
When an individual, group or body is given leave to intervene in a case, they usually submit a written
argument (called a factum) and are also given permission to make a
brief oral submission to members of the court.
As Katrina Lee has argued, having students summarize their research findings or distill the
argument from a longer memo or
brief into a short email can help the students sharpen their analytical abilities, which students can then apply back to the more complex writing project.51 More specifically, Lee suggests that the «freer, more liberated» process of writing emails «may offer benefits to students» learning process similar to that of free writing and
oral presentation.»
I think very practically we see a lot of law firm lawyers encourage their junior associates to volunteer with us because we will give them an opportunity to get hands - on experience, working directly with clients, conducting interviews, gathering facts and then presenting them both in
briefing and in
oral argument to a court, much faster than a typical defense side large law firm context might provide.
They then write a complete appellate
brief and present a second
oral argument, this time in front of a panel of practicing lawyers and judges.
The emphasis in all of our appellate work is on creative and persuasive
argument of the dispositive legal issues whether in motions practice,
briefing or
oral argument.
This Article is based on a simple premise: You should prepare for a career in law in the same way you would prepare for
oral argument in court by writing a meticulously - researched and comprehensive legal
brief.
Leading the
briefing and
oral argument in a case watched nationwide, Laurie won a ruling foreclosing strict liability and negligence liability (in most circumstances) for a manufacturer that did not make or sell an injury - causing product foreseeably used with its own.
Confirming an important point conceded by Deputy SG during last Term's
oral arguments, the Government's Gall
brief states repeatedly that policy disagreements with the Guidelines can be a valid basis for a variance — even though many circuit have held otherwise (like the Tenth Circuit in a split ruling yesterday) and even though many lower court briefs filed by the Government have argued otherwise.
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.
Ms. Walbolt, a former president of the American Academy of Appellate Lawyers, presented the
oral argument in an appeal resulting in the reversal of a $ 1.1 billion judgment, and co-authored the
brief in another appeal resulting in the reversal of a $ 1.58 billion judgment.
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.»
Students assist an appellate team on a pending state criminal appeal, including issue spotting, drafting an opening
brief and preparing the case for
oral argument.
Thus, at bottom, his position is that we should overrule an extremely important prior constitutional decision of this Court on a claim not advanced here, even though
briefing and
oral [p118]
argument on this claim might convince us to do otherwise.
The Ilana Diamond Rovner Award for Outstanding Appellate Advocate is given to the student with the highest combined
brief and
oral argument scores; the Ralph L. Brill Award is presented to the student who wrote the best
brief; and the Fay Clayton Award is presented to the student with the best
oral argument performance.
Stacy Taeuber submitted an amicus
brief to the Wisconsin Supreme Court in State v. Shata, and in April, she participated in
oral argument before the court.
Students will be assessed on the basis of two writing assignments, a Markman / claim construction
brief and a summary judgment motion, and on an
oral argument on their
brief.
Each student prepares a
brief on a significant appellate issue, as well as an
oral argument on both sides of that issue.
Counsel's
brief should contain the ingredients of a good opinion and the
oral argument should expound on the same theme.
Argued in written
brief and
oral argument multiple pre-motions arising in major crime cases including but not limited to Rule 404B motions, Motions in Limine, Motion to Dismiss Indictments, Wade Hearings, Miranda Hearings and Motions to Suppress Evidence.