Prof. Mark Tunick tunick@fau.edu

Oral Arguments (First Session)

1. Mechanics
Each side has 40 minutes. The Chief Justice keeps time and signals counsel when time has expired. Arguments begin with appellant (the State), then respondent. Appellant may reserve up to 5 minutes for rebuttal. Counsel should remain attentive and make notes during oppositions' arguments.
When beginning argument, counsel for Appellant should say: "May it please the court, I am (name), counsel for (the State). I shall speak for approximately 20 minutes, and my co-counsel for 15 minutes, and will reserve 5 minutes for rebuttal." (You may choose not to rebut; Counsels for respondent will just speak for 40 minutes, with no rebuttal). In answering questions, address the justice as "Your Honor." Counsel should refer to opponents as "opposing counsel," or "counsel for (respondent, appellant)." 

2. Delivery of Argument
Counsel can expect to be answering questions for most of the time. It may be helpful to memorize an opening statement and brief concluding sentence or two. It is not advisable to memorize an entire argument. A set speech will seem dry, inappropriate, and possibly irrelevant to the judges' questions and concerns. Also, the judges usually begin asking questions soon after opening remarks. Answers should be kept as short as possible, while responding to the question.
Justices should be prepared with questions, but also take notes on counsel's arguments and think up appropriate questions as the oral arguments proceed. Justices must listen and not simply think about their own questions: it may be that one of your stock questions was already addressed-- you'll only know this by listening. Questions should be answered unequivocally whenever possible with a yes or no, and explanation. Once the question is answered, counsel should continue with the argument without waiting for an invitation from the court to do so. The court will ask further questions if it wants. 
Counsel traditionally stands squarely in front of the podium with either one or both hands on it. But natural gestures may add to one's appearance. Eye contact is important. Counsel faces the Justices, who sit in a row, with the Chief Justice at center and the other Justices on either side in descending order of tenure.

Deliberation of Justices (Second Session)

Justices shall briefly state how they plan to vote (in reverse order of tenure). Then the Chief Justice leads discussion. The point of discussion is to try to persuade others to join you in your decision. At the end of the session, the Chief Justice will end discussion, and the final vote will be taken. Attorneys will silently observe in the back of the room.

Written Assignment: papers must be typed, double-spaced, and no longer than 8 pages. Papers are due in class on March 26th. No late papers. Attorneys will turn in a copy of their brief. 'Brief', here, does not refer to an outline of a case. A lawyer's brief is a presentation of the argument, in essay form. Lay out your position and respond to the arguments you anticipate from your opponents. While attorneys will work together in preparing their case and presentations, each attorney must write the brief alone. Justices will turn in an opinion. Provide reasons for your decision, including a response to the opposing arguments. You  must properly cite precedents, including page numbers, either with footnotes or in parentheses. The first time you cite a case, include the full cite, e.g. (Bowers v. Hardwick, 478 U.S. 186 at 193); after that,  use an abbreviated citation, e.g. ( 478 U.S. at 193). At the end of your brief or opinion, sign the following statement: "I have adhered to the honor code."