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.