Appellate Advocacy II

Competition Rules 2012

 

All participants in Appellate Advocacy II are required to make two oral arguments: one for the appellant and one for the respondent based on the posted problem. Arguments will be delivered at the Jackson County Courthouse, 415 East 12th in downtown Kansas City, Missouri, before panels of judges composed of practicing attorneys. The arguments are scheduled for two Saturday mornings, tentatively October 13, 2012, and October 27, 2012.

 

No brief will be written for this course. In lieu of a brief, each participant will be required to submit their points and authorities relied upon and a summary of argument (hereinafter referred to as "Points Relied On"). As the purpose of the program is to parallel actual court practice as closely as possible, participants should fairly state all major points in sufficient detail so as to represent a fair segment of the issues and ensure that an opponent is not surprised. The Points Relied On should be no more than a total of two (2) pages (including the summary of argument but not the cover page). You must submit eleven (11) copies of your Points Relied On for the first round and seven (7) copies for the second round to Sherry Schley in the Hughes Suite by 12:00 noon on the due date. Copies of these documents will be distributed to the judges and to your opponents. Information regarding preparation of points and authorities and summaries are contained in the Appellate Advocacy II Handbook and will be provided in class. Sample Points will be posted on this site.

 

Unless otherwise announced and posted, summaries and points and authorities must be submitted by the following deadlines, which have also been posted:

 

Round 1

 

Appellant's Points Relied On: Tues., Oct. 2, 2012, by 12:00 noon

Respondent's Points Relied On: Tues., Oct. 9, 2012, by 12:00 noon

 

Round 2

 

Appellant's Points Relied On: Thurs., Oct. 18, 2012, by 12:00 noon (note change of day)

Respondent's Points Relied On: Tues., Oct. 23, 2012, by 12:00 noon

 

Penalties will be assessed for late submission, and papers will not be accepted after a certain period, resulting in no credit for the course. Please remember that if you are the Appellant for round one, you will be the Respondent in round two, and vice versa. A calendar of other important App. Ad. II dates is posted on the Moot Court Web Site. You will be organized into teams of 2 people, but each team member will be graded separately on his or her written and oral arguments.

 

For the oral arguments, each team has a total of 30 minutes to argue in each round (one on each Saturday) before a panel of three judges, with 15 minutes allocated to each individual. When arguing for the Appellant, one oralist should prepare and argue a rebuttal, but the time for rebuttal must be taken from that oralist’s time. Grading of the oral segments will be determined on the basis of a standard score sheet. Your total oral score is obtained by dropping the high and low score (using 4 out of 6 scores), and the total oral score counts for approximately 75% of your total score. The Points Relied On are graded by Points graders, also according to a standard score sheet, and count for approximately 25% of the total competition score. Only the first set of Points submitted are graded, but penalty points for lateness are deducted for any Points that are late and are taken off the final score. Oral score sheets will be available on the Monday following each argument at noon and rankings (by number) will be posted on the App. Ad. Board outside the Holmes Suite and on the web.

 

The program is administered by the Moot Court Board consisting of the participants in last year's Ellison competition. Should you find an inconsistency or missing information in the problem, please bring it to the attention of Dean Suni so it can be resolved and proper notice given to all participants. Watch the App. Ad. bulletin board and the Update section of this Web Site for information that may be provided regarding additions to or interpretations of the problem.

 

You will be held responsible for any notices posted on this Site and on the Board.

 

Participants will receive one hour of ungraded credit for successfully completing Appellate Advocacy II. Note: This course does not satisfy the “class hour” requirement nor does it fulfill any part of the practical skills requirement (since students are not directly evaluated and critiqued by faculty).

 

RULES FOR APPELLATE ADVOCACY II

 

1.       Concentrate on the issues stated in the order of transfer. If you have a question whether an argument is within the scope of the stated issues, contact Dean Suni.

 

2.       Points Relied On and authorities shall be in a form consistent with Missouri Supreme Court Rule 84.04(d). Both Appellant and Respondent must submit Points in compliance with this Rule. As a reminder, the correct title is "POINTS RELIED ON." For each point you should state wherein and why the court erred.

 

3.       Each participant will submit his/her own Points Relied On. Points Relied On (including the Summary of Argument) shall not exceed two (2) pages (not including the cover page), for each participant, with one inch margins. The summary portion should be double-spaced, and the Points may be single spaced for each point or sub-point that is in excess of one line, with double spacing between points or sub-points.

 

4.       All documents shall be on 8 ˝ x 11 paper, with type size no smaller than 11 point. Points Relied On shall be in Capital letters. All citations shall be in proper form (see par. 6 below). A proper submission will consist of the following:

 

o   Cover page setting out case name, attorney’s name and the issue to be addressed. The case name shall be centered in the middle of the page with the attorney’s name in the lower right hand corner. The issue on which the student worked should be designated by topic (e.g., Wrongful Discharge, Juror Misconduct)

 

o   Points Relied On.

 

o   Summary of Argument.

 

5.       You must submit the required number of copies of your submission at the times and place specified.

 

6.       Violation of any of the above-mentioned rules will result in points being subtracted from a participant's total score. In addition, penalties may be assessed for other violations, including improper citation form (you may follow the Blue Book or Missouri practice, but must be consistent) or failure to comply with proper form pursuant to the Missouri Rules and these rules. Details regarding penalties are provided here.

 

7.       In working on your Points and oral arguments, you may consult with anyone you choose. You may orally discuss your proposed arguments, but you may not show any aspect of your written work (drafts or competed project) to anyone else prior to submission nor may you look at any aspect of any other participant’s written work. The intent of this rule is that your written work should be your own work.

 

8.       You are responsible for all notices posted on the Moot Court Website.

 

9.       You may not sit in on any argument of any other team participating in App. Ad. II until you have completed both of your arguments. Violation of this rule may lead to disqualification or severe point penalty at the discretion of the Moot Court Board.