Oral Arguments Media Law & Ethics COMS 400 This is a media law moot court site intended for students in the Media Law course (COMS 400) at Radford University. All cases are hypothetical. Cases (Mood court home page) Procedures (p. 2) Writing a brief (p. 3) Oral Argument  (p. 4) Judging a case (p. 5) Schedule

Background information to help you prepare for oral arguments:

All cases are appeals cases. They have already been through trial levels and now continue at the appeals level. Any questions about facts brought forward in the original trial case can be referred to the instructor.

All students are required to be part of a team that submits a final brief unless the student is working on an optional term paper.

 

What's required:

1. Submit your draft brief two weeks before the moot court. All groups will receive a comment sheet.

2. On the day of the oral argument, have seven copies of your final brief ready to pass out -- six for the judges in your case and one for the instructor.

3. You or your group representative will stand up in front of the class and present your case. Since we don't have much time, we don't want you to read your brief. We want you to summarize the issue, present the facts, and then outline your argument.

Let me repeat again -- DONT JUST READ YOUR BRIEF. Summarize facts informally and quickly.

4. Your argument should be based on previous cases which are precedents. Some will help your case. Some may hurt it.

If the facts support your case, bang the facts. If the law supports your case, bang the law. If neither support your case, bang the table. (Ancient wisdom from the legal profession).

In the oral argument, like the brief, you outline your main points then discuss how each of the precedent cases either supports your position or (if it is contrary to your position) is not relevant.

The difference in the oral argument is you are summarizing.

5. Your portion of the oral argument should last no more than five to seven minutes. Obviously, there wont be enough time to read the full brief verbatim.

6. Be prepared to be challenged on the main points of your case, either during your presentation or immediately afterwards. You should be quite familiar with the case law in the major cases in your area. You should anticipate your opponents strategy and prepare a rebuttal.

How will you be graded?

1. On your brief, especially how well you followed recommendations made for rewriting it.

2. On your oral argument, especially your familiarity with the case law in your area.

3. On your judge's opinion, which you will hand down the afternoon of the final exam.