Oral arguments are spoken to a judge or appellate court by a lawyer (or parties when representing themselves) of the legal reasons why they should prevail. Oral argument at the appellate level accompanies written briefs, which also advance the argument of each party in the legal dispute. Oral arguments can also occur during motion practice when one of the parties presents a motion to the court for consideration before trial, such as when the case is to be dismissed on a point of law, or when summary judgment may lie because there are no factual issues in dispute.
Oral argument operates by each party in a case taking turns to speak directly to the judge or judges with an equal amount of time allotted to each. A party may often reserve part of their time to be used for rebuttal after their adversary has presented.
Presenting lawyers usually cannot get away with simply making speeches or reading their briefs when presenting oral argument to an appeal court. Unlike trial court procedure, where judges intervene only when asked by the parties to resolve objections, it is typical for judges at the appellate level to be active participants in oral argument, interrupting the presenting lawyers and asking questions. This is true even of courts that are formed of panels of multiple judges, such as the United States Supreme Court, where a presenting lawyer must be prepared to handle questions from any of the nine justices. It is also true that when a motion is made before or during trial that the lawyers conduct themselves before the judge in a manner similar to the presentation of the case on appeal, the lawyers present their arguments to the judge in a more conversational mode; in some pre-trial proceedings these appearances may not be recorded by court stenographers as they are invariably recorded in appellate proceedings.
A term of the Supreme Court commences on the first Monday of each October, and continues until June or early July of the following year. Each term consists of alternating periods of approximately two weeks known as "sittings" and "recesses." Justices hear cases and deliver rulings during sittings; they discuss cases and write opinions during recesses.
Art of Appellate Advocacy: Tips for Oral Arguments
Visit our website at appellate.law.wm.edu
published: 23 Jul 2015
2008 Davis Moot Court Winning Oral Argument
Victoria Corder won the 2008 John W. Davis Appellate Advocacy Competition.
published: 23 Oct 2008
LISTEN LIVE: Supreme Court hears arguments in two abortion cases
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published: 01 Nov 2021
Supreme Court justices hear oral arguments over restrictive Texas abortion law
A Texas law banning most abortions after about six weeks of pregnancy — the most restrictive in the nation — was at the center of Supreme Court oral arguments Monday. Jan Crawford reports on the landmark legal battle and what it could mean for states nationwide.
Each weekday morning, "CBS Mornings” co-hosts Gayle King, Tony Dokoupil and Nate Burleson bring you the latest breaking news, smart conversation and in-depth feature reporting. "CBS Mornings" airs weekdays at 7 a.m. on CBS and 8 a.m. ET on CBSN.
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published: 02 Nov 2021
Appellate Oral Argument Examples
Law 220 instructional video
published: 14 Mar 2017
First-Year Oral Arguments at the University of Virginia School of Law
Students Elizabeth Reese '15 and David Short '15 argue a mock appellate case before a panel of alumni judges and a student as the culmination of the Legal Research and Writing course. The course and oral arguments are a rite of passage for first-year law students at the University of Virginia School of Law. For more information, go to http://www.law.virginia.edu/html/academics/practical/legalwriting.htm
Stream your PBS favorites with the PBS app: https://to.pbs.org/2Jb8twG
Find more from PBS NewsHour at https://www.pbs.org/newshour
Subscribe to our YouTube chan...
Stream your PBS favorites with the PBS app: https://to.pbs.org/2Jb8twG
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A Texas law banning most abortions after about six weeks of pregnancy — the most restrictive in the nation — was at the center of Supreme Court oral arguments M...
A Texas law banning most abortions after about six weeks of pregnancy — the most restrictive in the nation — was at the center of Supreme Court oral arguments Monday. Jan Crawford reports on the landmark legal battle and what it could mean for states nationwide.
Each weekday morning, "CBS Mornings” co-hosts Gayle King, Tony Dokoupil and Nate Burleson bring you the latest breaking news, smart conversation and in-depth feature reporting. "CBS Mornings" airs weekdays at 7 a.m. on CBS and 8 a.m. ET on CBSN.
Subscribe to “CBS Mornings” on YouTube: https://www.youtube.com/CBSMornings
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A Texas law banning most abortions after about six weeks of pregnancy — the most restrictive in the nation — was at the center of Supreme Court oral arguments Monday. Jan Crawford reports on the landmark legal battle and what it could mean for states nationwide.
Each weekday morning, "CBS Mornings” co-hosts Gayle King, Tony Dokoupil and Nate Burleson bring you the latest breaking news, smart conversation and in-depth feature reporting. "CBS Mornings" airs weekdays at 7 a.m. on CBS and 8 a.m. ET on CBSN.
Subscribe to “CBS Mornings” on YouTube: https://www.youtube.com/CBSMornings
Watch CBSN live: http://cbsn.ws/1PlLpZ7c
Download the CBS News app: http://cbsn.ws/1Xb1WC8
Follow "CBS Mornings" on Instagram: https://bit.ly/3A13OqA
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For video licensing inquiries, contact: [email protected]
Students Elizabeth Reese '15 and David Short '15 argue a mock appellate case before a panel of alumni judges and a student as the culmination of the Legal Resea...
Students Elizabeth Reese '15 and David Short '15 argue a mock appellate case before a panel of alumni judges and a student as the culmination of the Legal Research and Writing course. The course and oral arguments are a rite of passage for first-year law students at the University of Virginia School of Law. For more information, go to http://www.law.virginia.edu/html/academics/practical/legalwriting.htm
Students Elizabeth Reese '15 and David Short '15 argue a mock appellate case before a panel of alumni judges and a student as the culmination of the Legal Research and Writing course. The course and oral arguments are a rite of passage for first-year law students at the University of Virginia School of Law. For more information, go to http://www.law.virginia.edu/html/academics/practical/legalwriting.htm
A Texas law banning most abortions after about six weeks of pregnancy — the most restrictive in the nation — was at the center of Supreme Court oral arguments Monday. Jan Crawford reports on the landmark legal battle and what it could mean for states nationwide.
Each weekday morning, "CBS Mornings” co-hosts Gayle King, Tony Dokoupil and Nate Burleson bring you the latest breaking news, smart conversation and in-depth feature reporting. "CBS Mornings" airs weekdays at 7 a.m. on CBS and 8 a.m. ET on CBSN.
Subscribe to “CBS Mornings” on YouTube: https://www.youtube.com/CBSMornings
Watch CBSN live: http://cbsn.ws/1PlLpZ7c
Download the CBS News app: http://cbsn.ws/1Xb1WC8
Follow "CBS Mornings" on Instagram: https://bit.ly/3A13OqA
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For video licensing inquiries, contact: [email protected]
Students Elizabeth Reese '15 and David Short '15 argue a mock appellate case before a panel of alumni judges and a student as the culmination of the Legal Research and Writing course. The course and oral arguments are a rite of passage for first-year law students at the University of Virginia School of Law. For more information, go to http://www.law.virginia.edu/html/academics/practical/legalwriting.htm
Oral arguments are spoken to a judge or appellate court by a lawyer (or parties when representing themselves) of the legal reasons why they should prevail. Oral argument at the appellate level accompanies written briefs, which also advance the argument of each party in the legal dispute. Oral arguments can also occur during motion practice when one of the parties presents a motion to the court for consideration before trial, such as when the case is to be dismissed on a point of law, or when summary judgment may lie because there are no factual issues in dispute.
Oral argument operates by each party in a case taking turns to speak directly to the judge or judges with an equal amount of time allotted to each. A party may often reserve part of their time to be used for rebuttal after their adversary has presented.
Presenting lawyers usually cannot get away with simply making speeches or reading their briefs when presenting oral argument to an appeal court. Unlike trial court procedure, where judges intervene only when asked by the parties to resolve objections, it is typical for judges at the appellate level to be active participants in oral argument, interrupting the presenting lawyers and asking questions. This is true even of courts that are formed of panels of multiple judges, such as the United States Supreme Court, where a presenting lawyer must be prepared to handle questions from any of the nine justices. It is also true that when a motion is made before or during trial that the lawyers conduct themselves before the judge in a manner similar to the presentation of the case on appeal, the lawyers present their arguments to the judge in a more conversational mode; in some pre-trial proceedings these appearances may not be recorded by court stenographers as they are invariably recorded in appellate proceedings.
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Story continues below ...Article content. Article content ... The argument submitted to the court is the latest example of Trump inserting himself in national issues before he takes office ... The filings Friday come ahead of oral arguments scheduled for Jan ... .
PATRICK T ... The filings come ahead of oral arguments set for Jan 10 on whether the law, which requires the social media giant to divest from its China-based parent company or face a ban, unlawfully restricts speech in violation of the First Amendment ... .
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