What is an oral argument brief?
Oral argument is your chance to further explain to the appellate court in person the arguments that you made in your brief. Oral argument is not a time to restate the facts of the case or repeat parts of the brief. The judges know what you said in your brief.
What does oral argument mean in government?
Legal Definition of oral argument : oral presentation of a party’s position and the reasoning behind it before an especially appellate court.
What happens during oral arguments?
During oral argument, lawyers argue their case by answering questions from the bench, as justices who have carefully studied the case ponder aloud complex legal arguments. The justices examine previous court cases to clarify what the law states. They keep in mind how their decision could affect future cases.
Are oral arguments important?
First, oral argument provides a unique opportunity for attorneys to converse with judges and be a part of the decision-making process. Second, oral argument is valuable for clients, who can see their concerns being addressed by the court and better understand how invested the judges are in the case.
What are oral arguments in the Supreme Court?
Supreme Court oral arguments An oral argument is an oral presentation attorneys make to the court. It is an opportunity for attorneys to emphasize certain legal points and for the appellate court to ask questions.
Why would an attorney waive an oral argument?
(Many courts give you a quicker decision if you waive oral argument.) So why do it? If you can’t think of a good reason to orally argue the case, you’ll serve your client better by waiving it. Repeating your brief isn’t a good reason.
Is an oral argument a hearing?
Oral arguments are spoken presentations to a judge or appellate court by a lawyer (or parties when representing themselves) of the legal reasons why they should prevail. Oral argument is not always considered an essential part of due process, as the briefs also give the parties an opportunity to be heard by the court.
Why would an attorney waive the right to make an oral argument?
What do the justices do after oral arguments?
When oral arguments are concluded, the Justices have to decide the case. They do so at what is known as the Justices’ Conference. When Court is in session, there are two conferences scheduled per week – one on Wednesday afternoon and one on Friday afternoon.
Which is more important the brief or the oral argument?
There is no question that the brief is by far the most important part of your appeal, but oral argument should not be discounted. One writer has suggested that an oral argument is like sales; it is a chance to close a deal with a buyer–the Court.
How long is an oral argument?
A majority of circuits now limit oral argument to thirty minutes for each side, with the provision that additional time may be made available upon request.
How do you prepare for an oral argument?
How to prepare for oral argument
- Review all the information in the appeal.
- Do not plan too much to say.
- Focus your argument on legal issues.
- Make an outline.
- Check the laws that you referenced in your brief.
- Notify the court and other parties if you find new laws.
- Do not focus on visuals.
- Practice your argument.