DAYEdalera

RULES ON THE MOOT COURT ORALS

I. Introduction

The moot court competition is the equivalent to a case being heard before an appellate court or the Supreme Court of the Philippines.

II. Parties

BPAG 4-1
The Right to Privacy vis-à-vis The Power of State and Government

G.R. No. BPAG 4-1
Journalists, Attorneys, et. al. vs. Government of the Republic of the Philippines – National Intelligence and Security Authority (NISA)
BPS (IR) 4-2
Political Law on Separation of Powers


G.R. No. BPS (IR) 4-2
Atty. Sy Nungaling vs. Commission on Appointments
BPAG 4-3
A Civil Case on Damages


G.R. No. BPAG 4-3
Ms. Sisa Linghot vs. Familia Network Television

The Petitioner/ Appellant is the party bringing the appeal. The Respondent/ Appellee is the party that is responding to the appeal–sometimes this party is called the government.

III. Preparation/ Research

Step One: Identify the issues.
Moot Court consists of two issues or questions presented. Most often the problem will easily identify the issues for you. The issues should be divided between Speaker One and Speaker Two.

Step Two: RESEARCH!
Thoroughly research the issues presented. If you are competing on a “closed problem”, all the cases you are permitted to research will be listed at the end of the problem. KNOW ALL OF THESE CASES. If you are competing on an “open problem”, it will be up to you and your partner to identify the important and relevant cases or authorities.

SINCE, OUR RULES PROVIDES FOR A LIST OF LIMITED LAWS AND STATUTES, YOU HAVE TO FOCUS YOUR RESEARCH ON THOSE WHICH ARE LISTED. AS FAR AS CASES AND JURISPRUDENCE ARE CONCERNED, YOU HAVE TO SUBMIT THE LIST OF THE CASE YOU HAVE CITED IN THE PLEADINGS AND WILL BE USING IN THE ORALS TO THE SPECIAL GROUP ON OR BEFORE OCTOBER 27, 2008.

Step Three: Outline Your Argument.
Before you even prepare your oral argument, outline a rough argument using your research. The goal of moot court is to present a clear, persuasive argument for the issue presented.

Step Four: Prepare an Oral Argument
Draft an oral argument. After you’ve researched and discovered the relevant authorities, prepare an oral argument on paper.

Tips:
 DO NOT type out every word you plan to use. (This competition is not about reading off a sheet of paper or memorizing a speech.)
 Use key words or phrases in an outline format. Use things that will jog your memory to an idea.
 Create a framework or roadmap for your argument. This will keep you on point.

IV. ORAL Argument
1. Before Oral Argument:
a). Moving party sits on the left & responding party sits on the right (when you are facing the judges.
b). Rise when the judge enters the courtroom - Bailiff announcing: “The Honorable Presiding Judge and Associate Judges” and remain standing until she asks you to make your announcements. Announcements should go as follows:

Chief Justice: The Court will now hear (case title) Will the parties announce their appearances?

Appellant/Petitioner: (name of lead counsel) and (names of collaborating counsels) representing the appellant/petitioner.

Appellee/ Respondent: (name of defense counsel) and (names of collaborating counsels) for the respondent/ appellee.

2. Oral Argument: (Appellant/Petitioner always speaks first).
a). Speaker Order:

i. Appellant Speaker 1 (address Issue 1 and 2)
ii. Appellant Speaker 2 (address Issue 3 or 4)
iii. Appellee Speaker 1 (address Issue 1 and 2)
iv. Appellee Speaker 2 (address Issue 3 or 4)
v. Rebuttal
vi. Surrebuttal

b). Introduction: “May it please the court. My name is ___________. My co-counsel is ____________. Together we represent the Appellant or Appellee _________. Of the two issues before the court, I will address the first issue______________, while my co-counsel will address the second issue of whether___________________.

c). Give the Facts: Only the FIRST speaker for each side will need to give a brief version of the facts. NEVER, NEVER ask the court if they want to hear the facts. ALWAYS assume that they do if you are the first speaker for your team.

d).Roadmap:
After the introduction and facts (if necessary), give the roadmap to your argument.
“There are 3 reasons this court should grant/deny the Petition. First, _______________. Second, ______________________. Finally, ____________.”

NOTE: The roadmap should include your main headings. Your argument will work best if you divide it–like an outline–into 3 parts, each with a heading. These are the “reasons” that you are giving the court to decide for you early on before jumping into your argument.

e). Present your argument. Be prepared to answer judges questions, time will be suspended during the question and answer, but try to follow the roadmap that you have presented at the beginning of your argument.

f). Answering Questions:
 Front-load questions where possible. Example: “Yes, your honor because....”
 Use authority wherever possible in your answers. “No, your honor. As this court pointed out in (case title e.g. Buck vs. Bell).....”
 ALWAYS answer a judge’s question. NEVER say, “I will address that later in my argument.” If the judge points you to any area of your argument, go with it.

g). Conclusion:
 Tell the court exactly what you want it to do when you conclude. Example: “For these reasons, this court should grant/deny the relief/s prayed for (state the prayer, relief/s sought – e.g. render a judgment of acquittal.”

h). Rebuttal:
- Pick one or two points that the respondent addressed and rebut them.
- Tell the court why the respondent is wrong on those few points.
- DO NOT try to address their entire argument or go through your entire argument again.
- Request your relief again.

V. Tips
a). Cite the record and case law as much as possible.
b). KNOW the record and all relevant case law.
c). DO NOT bring cases up to the lecturn to reference and flip through.
d). Take as few papers to the lecturn as possible. The fewer the better.
e). Make a list of cases if you think you will forget one.
f). Maintain EYE CONTACT with all the judges.
g). Think. When asked a question, it is ok to think for a moment about your response.
h). DO NOT use statements such as “I believe.” “I think.” “I feel.”

-DERIVED FROM THE WORKS OF: TEXAS TECH UNIVERSITY, SCHOOL OF LAW - BOARD OF BARRISTERS
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Visit the blog for further changes, amendments, modifications of the above rules. :D

Roles will be discussed here from time to time.

Labels: Moot Court, Moot Court Rules, Oral Arguments