- Use an appropriate salutation: "Madam (or Mr.) Chief
Justice, and may it please the court"
- Tell the Judges your name and who you represent
- Tell the Judges what the issue is and how you will
organize your argument
SUBSTANCE OF YOUR ARGUMENT
- Explain how the law and facts support your position.
- Explain why it matters whether you win - and not
just because it will get or save your client money.
- Explain how Controlling Statutes or Constitutions
affect your analysis
- Explain Controlling or Persuasive Cases and why they
are Controlling or Persuasive Distinguish Damaging Cases
- Explain any Persuasive Social or Public Policies
and Resolve Competing Policies
KNOW THE CASE COMPLETELY
- Know the facts as well as you know how to drive to
Mom & Dad's house
- Know the Relevant Legal Standard Know Relevant Statutory
& Constitutional Language
- Know the Facts & Holdings of All Cases on Which You
Rely
- Know the Facts & Holdings of Significant other cases
ANSWERING QUESTIONS
- Answer the Question Posed in a way that resolves
the Concern Behind the Question
- Explain how the answer supports your Client's position
on the Issues
- Work your Answer into the remainder of your Argument
- Reorganize as Necessary: use Effective Transitions
ENDING
- End with Your Most Important Point: Why it Matters
- It's OK to ask for Additional Time to Finish Answering
a Question
