A. Opening and Introduction (5
points): Stands and responds when addressed by judge. Opens argument with
"May it please the Court." Identifies self and client. If first counsel to speak
for team, sets out organizational plan of argument, giving a broad but brief
overview of the case and identifying issues to be addressed by each team member.
If first counsel for appellant, requests rebuttal time for self or partner.
B. Issue Identification (10 points): Clearly identifies
issues to be resolved by appellate court. Makes issue easy to follow.
Incorporates both facts and law in issue statement. Slants issues appropriately
for client. Emphasizes the most important issues.
C. Use of Facts and Authorities; Organization and Content of
Argument (20 points): Refers to facts found in record. If asked, is able to
direct Court to important language in record, abstract, or addendum. Emphasizes
and displays thorough and accurate knowledge of mandatory authorities. Follows,
to the extent the court’s questions permit, the organizational outline set out
in opening. Upon completing an answer, makes smooth transition back to planned
argument.
D. Ability to Answer Questions; Time Management (20 points):
Answers court’s questions with confidence and credibility. Gives direct answers
first, then qualifies or explains them. Demonstrates familiarity with leading
cases and relevant rules and statutes. Incorporates relevant authority and facts
into answers. Makes effective use of the ten minutes allotted for
argument.
E. Responsiveness; Rebuttal (20 points): Directly confronts
the hard issues in case. Displays candor about weak points in case. Is able to
distinguish or diminish impact of unfavorable authority. Makes no unnecessary
concessions. If representing Appellee, incorporates responses to Appellant’s
points within framework of Appellee’s argument. If handling rebuttal for
Appellant, makes small number of important points, referencing earlier questions
or points made by opponents.
F. Zeal; Persuasiveness (15 points): Maintains composure
under questioning. Employs reason and logic rather than solely relying upon
precedents. Argues case as if its facts, issues, and parties are real.
Communicates counsel’s belief in the correctness and justness of the advocated
outcome. Demonstrates counsel’s receptivity to the court’s questions.
G. Technique (10 points): Stands straight and still at the
podium. Gestures, if any, are natural and effective. Maintains good eye contact
with members of the court. Uses notes sparingly. Uses good intonation and
inflection. Speaks clearly and paced delivery well–not too fast, not too slow.
Calls judge "your honor" and responds with courtesy and deference. Stops
speaking when judge interposes a question. Delivery is free of verbal quirks
(ums, ahs, y’know, etc.).
