Welcome to USF Moot Court 2009. Introductions Moot Court Board: Phillip Babich, Executive Director...
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Transcript of Welcome to USF Moot Court 2009. Introductions Moot Court Board: Phillip Babich, Executive Director...
Welcome to Welcome to
USF Moot Court 2009USF Moot Court 2009
Introductions
Introductions
Moot Court Board: Phillip Babich, Executive Director Lailah Morris, Advocacy Director Stephen Hew, Managing Director Jen Stanger, Topics Director Stewart Kellar, Topics Director
Introductions:
Moot Court Faculty AdvisorsMoot Court Faculty Advisors
Program Coordinator:
Prof. Edith Ho
Introductions:
Moot Court Faculty AdvisorsMoot Court Faculty Advisors
Faculty Advisor:
Prof. Suzanne Mounts
Introductions:
Moot Court Case CounselMoot Court Case Counsel
Introductions:
Moot Court Case CounselMoot Court Case Counsel
18 Second and Third Year Students Who Excelled in First Year Moot Court and Will Assist You Throughout The Program
Case Counsel Researched and Developed Each Topic and Wrote Their Own Fact Patterns under the Supervision of the Board and Prof. Ho
Case Counsel Supervise Groups of 12-14 Students Assigned To Argue the Problems They Developed
Agenda
Overview of the Moot Court Program Prof. Ho: An Overview of Appellate Procedure and
Appellate Standards of Review Schedule of Important Dates Case Counsel: This Year’s Topics Question and Answer Session Conclusion
Overview of Moot CourtOverview of Moot Court
What do you need to knowWhat do you need to knowabout Moot Court?about Moot Court?
Overview of Moot CourtOverview of Moot Court
Moot Court is an exercise in writing a brief and arguing your case at the appellate level.
Moot Court is NOT Mock Trial!! Moot Court is Designed to Replicate an Appeal to a
Fictitious State Supreme Court, Federal Circuit Court, or the U.S. Supreme Court
An Appeal Involves Filing a Written Brief and Arguing Your Brief Before the Court
Overview of Moot CourtOverview of Moot Court
What Does This Mean For You?1. You will be assigned a topic. 2. You will research cases related to your topic.3. You will write a persuasive appellate brief using the law
and facts to support your client’s case.4. You will argue your case before a panel of appellate judges.
5. You will do all of this within a span of
1 month, which means you must practice effective time management.
Overview of Moot CourtOverview of Moot Court
The Emphasis of the
Moot Court Program is on: A well researched and effectively written brief. A well rehearsed and effective oral argument.
Overview of Moot CourtOverview of Moot Court
Awards Will Be Given Out at the End
of Moot Court in Each Topic For:
Best Brief Best Oral Argument
Overview of Moot CourtOverview of Moot Court
What is my topic, What is my topic, and am I Petitioner or Respondent?and am I Petitioner or Respondent?
Topic Assignments
Topic assignments will be posted on the Moot Court Bulletin Board in the Student Boulevard.
You will meet with your case counsel to get your topic, which will include the fact pattern, a statement of the case, and leads for case law.
Overview of Moot CourtOverview of Moot Court
All students are dividedAll students are dividedup as either up as either PetitionersPetitioners or or RespondentsRespondents..
Overview of Moot CourtOverview of Moot Court
Petitioners Petitioners lost at the lower court and are bringing an
appeal to the appropriate appellate court.
Petitioners bear the burden of convincing the appellate court to overturn the lower court’s ruling.
Overview of Moot CourtOverview of Moot Court
Who Is Assigned to be a Petitioner? All students in Section 1. Students in Section 3 with last names A-Ga
Overview of Moot CourtOverview of Moot Court
Respondents Respondents won at the lower court level
and are responding to petitioner’s appeal. Respondents attempt to persuade the court to
affirm the lower court’s ruling.
Overview of Moot CourtOverview of Moot Court
Who Is Assigned to be a Respondent?
All students in Section 2. Students in Section 3 with last names Gh-Z.
Prof. Edith HoProf. Edith Ho
The Statement of the Case and the Statement of the Facts Establish the Procedural Posture of the Case
Good Faith Effort Required to Receive Credit For Moot Court: Must Turn In Your Brief, Attend Videotaping and Complete Your Oral Argument
Appellate Standard of Review: de novo Winning an Appeal by Myron Moskovitz Importance of Effective Time Management
Topic Assignments PostedTopic Assignments Posted
Monday, March 16, 9:00 a.m.: Individual Topic Assignments Posted
Tuesday, March 17, 4:30-5:20 p.m. or
5:30 – 6:20 p.m.: Students in ALL SECTIONS meet with individual Case Counsel and pick up problems. Your time will be posted along with your topic.
Turn in BriefTurn in Brief
Monday, March 30: All students turn in briefs in the Moot Court room (Zief 02) Section 1: 11:00 a.m. – 1:00 p.m. Section 2: 8:50 a.m. – 10:50 a.m. Section 3: 4:20 p.m. – 6:20 p.m.
Oral Advocacy WorkshopOral Advocacy Workshop
Wednesday, April 1, 12:30-1:20 p.m.: Section 1 Oral Advocacy Workshop
Wednesday, April 1, 5:30-6:20 p.m.: Section 3 Oral Advocacy Workshop
Thursday, April 2, 12:30-1:20 p.m.: Section 2 Oral Advocacy Workshop
Videotape Sesssions and Oral Videotape Sesssions and Oral ArgumentsArguments
April 5 – April 9 and April 13 – April 1745-MinuteVideotaping Session with Your Case Counsel
Monday, April 13, 4:00 p.m.
Oral Argument Schedule Posted Saturday, April 18 & Sunday,
April 19 Oral Argument Weekend
Requests for ExceptionsRequests for Exceptions
The Deadline to Submit The Deadline to Submit Requests for Exceptions toRequests for Exceptions toThese Mandatory Events isThese Mandatory Events isFriday, Feb. 20 at 4:00 p.m.Friday, Feb. 20 at 4:00 p.m.
The request must be in writing. The request must be in writing. No guarantees. Very few exceptions.No guarantees. Very few exceptions.
[email protected]@usfca.edu
Case Counsel Topic Case Counsel Topic IntroductionsIntroductions
Each topic has been researched and developed around a state court/federal circuit split in authority.
Topics are balanced with adequate facts and/or authority on both sides of the split.
Do not prejudge a topic simply because of the area of law it encompasses.
Case Counsel Topic Case Counsel Topic IntroductionsIntroductions
Tiffany Danao Topic A: (Employment Law) Plaintiff’s
prima facie burden in a reverse discrimination case under Title VII.
Case Counsel Topic Case Counsel Topic IntroductionsIntroductions
Ariel Salzer Topic B: (Torts/ADA) The duty to provide
accommodations on a website for the visually impaired.
Case Counsel Topic Case Counsel Topic IntroductionsIntroductions
Ning Yu Topic C: (Contracts) Mental incapacity
defense to validity of an arbitration clause.
Case Counsel Topic Case Counsel Topic IntroductionsIntroductions
Allison Low Topic D: (Criminal Procedure) Sufficient
level of suspicion for seizure at a ruse drug checkpoint
Case Counsel Topic Case Counsel Topic IntroductionsIntroductions
Sally White Topic E: (Immigration) Whether statutory
rape is an aggravated felony under the INA.
Case Counsel Topic Case Counsel Topic IntroductionsIntroductions
Ashley Connell Topic F: (Criminal Law/Immigration)
Whether attempted illegal re-entry into the U.S. is a general intent crime.
Case Counsel Topic Case Counsel Topic IntroductionsIntroductions
Elisa Cervantes Topic G: (Criminal Procedure ) Sentencing
enhancement for unduly influencing an undercover “minor.”
Case Counsel Topic Case Counsel Topic IntroductionsIntroductions
Steve Disharoon Topic H: (Statutory Interpretation) Standard
of proof for determining aggravated identity theft.
Case Counsel Topic Case Counsel Topic IntroductionsIntroductions
Kyoungjoo Kim Topic I: (Trademark) Use of a competitor’s
trademark to trigger sponsored search results
Case Counsel Topic Case Counsel Topic IntroductionsIntroductions
Ben Anderson Topic J: (Remedies) Per diem argument in
closing statement for calculation of damages.
Case Counsel Topic Case Counsel Topic IntroductionsIntroductions
Neil Cherubin Topic K: (Copyright) Whether "making
available" a copyrighted music file violates the distribution right.
Case Counsel Topic Case Counsel Topic IntroductionsIntroductions
Nick Larson Topic L: (Civil Procedure) Applicable test
for granting a motion for realignment.
Case Counsel Topic Case Counsel Topic IntroductionsIntroductions
Carlo Miranda Topic M: (Criminal Law) Whether escape
from a halfway house is a crime of violence.
Case Counsel Topic Case Counsel Topic IntroductionsIntroductions
Sachi Clements Topic N: (ADA) Standard for showing
whether a contagious disease is a “direct threat” under the ADA.
Case Counsel Topic Case Counsel Topic IntroductionsIntroductions
Alex Walden Topic O: (Employment ) Franchisor liability
for sexual harassment by franchisee.
Case Counsel Topic Case Counsel Topic IntroductionsIntroductions
Emily Schmidt Topic P: (Criminal Law) Whether teeth are a
deadly weapon.
Case Counsel Topic Case Counsel Topic IntroductionsIntroductions
Janice Jentz Topic Q: (Torts) Whether wrongful birth
can be a cause of action.
Case Counsel Topic Case Counsel Topic IntroductionsIntroductions
Vanessa Williams Topic R: (Employment ) Whether an
English-only workplace policy is discriminatory.
10 Steps to Moot Court Success
(1) Get topic assignment
(2) Meet Case Counsel and get problem
(3) Write brief
(4) Turn in brief
(5) Attend Oral Advocacy Workshop
10 Steps to Moot Court Success
(6) Practice argument
(7) Videotape argument
(8) Practice argument
(9) Pick up suit at dry cleaners
(10) Make argument to judges
Questions About Moot CourtQuestions About Moot Court
Questions?Questions?
ConclusionConclusion
Work Hard During Moot Court: What You Get Out of Your Experience Will be in Direct Proportion to What You Put Into It
Most of All: HAVE FUN!!!
Contact Information
Moot Court Office: Zief 02
Phone Number: (415) 422-5118
Email: [email protected] Website: www.usfca.edu/org/mootcourt/