LOYOLA UNIVERSITY NEW ORLEANSCOLLEGE OF LAW

MOOT COURTSPRING 2012 SEMESTER

Professor Edward Cantu

Professor Tuneen Chisolm

Professor Jessica Kiser

Professor Stacey Lantagne

Professor Rodney Miller

Professor Kellen Zale

T.A. Coordinator: Alexandra Roath

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Course T.A.: Kaye Lynch-Sparks

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MOOT COURT SYLLABUSSpring Semester, 2012

You are about to learn how to perform two of the most valuable and sophisticated lawyering skills – writing an appellate brief and arguing orally before an appellate court. These skills are essential for effective advocacy and for competent professional representation of clients. The appellate process allows litigants an opportunity to correct trial court errors and to forge policy changes in the law. In fact, the major public law developments of this century have been the product of the judicial appellate process. To play a role in this development, the lawyer must master these complex processes.

Upon completion of this rigorous course, you will have gained both the professional skills described above, as well as a sense of professional achievement that justifies the commitment required by this course. We encourage you to roll up your sleeves and prepare for your first encounter with the real world of advocacy.

I. Course DescriptionThe class meets on the dates indicated on the attached schedule. As the schedule reveals,

the series of classes over the eleven weeks will present progressive, hands-on instruction in various aspects of litigation and appellate advocacy skills. The class meetings will generally be of two types. During each week, I will present substantive lectures on appellate advocacy or oral argument skills, while on some days the classes will provide the forum for students’ performances of various oral presentations. At these “practice performance” sessions, you will receive constructive feedback from me, your course T.A., and your peers. During these presentations, students may not use notes. Also at these meetings, you will submit written work in the form of memoranda and sections of your appellate brief. Professional dress is required for all “practice performance” sessions unless expressly stated otherwise. Professional attire for men includes a minimum of a sport coat, tie, and dress slacks; comparable attire for women is required.

Because most important announcements are made at the beginning of each class, students

are asked to enter the classroom on time or not at all. Announcements, samples of writing assignments, and other useful materials will also be posted frequently on Blackboard. You are responsible for examining Blackboard routinely. Circumstances often require that important announcements be posted in this manner. If you have any questions, please contact your course T.A., Kaye Lynch-Sparks, via e-mail at kllynchs@loyno.edu. For general questions or concerns you may contact the T.A. Coordinator, Alexandra Roath, via e-mail at akroath@loyno.edu.

All cell phones must be switched off during class. In addition, to avoid distracting typing clatter, laptop computers may not be used during oral presentations.

The required books for the course are the following: Practicing Persuasive Written and Oral Advocacy, Case File II, (Miller et al., Aspen Publishers, 2003), Writing and Analysis in the Law (Shapo, Walter, Fajans, 2008), The Winning Brief (Bryan A. Garner, 2d ed.), and the style book, Texas Law Review Manual on Usage and Style (Twelfth edition). You will also

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need a dictionary. You are expected to prepare for the general lectures by reading carefully any assigned materials. Students must attend at least 80% of all Moot Court classes in accordance with Loyola Law School and ABA requirements.

The course culminates in late March and early April with the submission of a professional quality appellate brief and the presentation of a ten-minute oral argument. Because the brief plays the most significant role in the appellate process, the failure to submit an acceptable brief will result in the student’s failure of the course. (i.e. a failing grade on the brief equals a failing grade in the course.) All oral and written assignments must be completed prior to submission of the appellate brief on Thursday, March 22, 2012, or the brief will not be accepted. Students should keep in mind that the brief filing deadline is firm; exceptions are rarely allowed, and then, only in the most extreme circumstances (i.e., traffic jams or computer crashes are not acceptable excuses for submitting a late brief: students are expected to perform necessary work for the brief well in advance of the submission deadline).

The mandatory, final class oral arguments are scheduled from Friday, March 30 through Sunday, April 1, 2012. Be careful to reserve these days for this required part of the course. You must present your oral argument as part of this scheduled event. You will argue as a member of a two-person team against another team of two. Each student team member is allocated ten minutes for argument and questioning by the judges.

You will be assigned to represent either the Appellant or Appellee during your second class, and this is the side you will use for writing your brief. All of your written assignments and oral exercises in the class will be completed on this side as well. For the final oral argument, you will switch sides and argue for the opposite side. Thus, you will have the opportunity to analyze and argue both sides of the case.

At the conclusion of the required class oral argument, the Moot Court Board, a student organization, will invite the most accomplished oralists to become members of the Moot Court Staff and to participate in an intramural competition that follows.

a. The appellate case used during class will also be used in the intramural competition.

b. An invitation to compete will be based upon your individual performance as judged by the Moot Court Board. Thus, if you score well on your argument, but your partner does not, you may nevertheless receive an invitation.

c. In deciding who will receive an invitation, the Moot Court Board will consider your brief score. An unimpressive brief, a sloppy brief, or one with excessive typographical or formatting errors will prevent you from being invited to become a member of the Moot Court Staff, even if your oral performance is excellent.

II. Honor CodeThe law school HONOR CODE applies to Moot Court work, just as to all other law

school endeavors. All written work and oral presentations must be your own work product. Students may not practice any of the oral exercises that precede the final required class argument with classmates. Students may have their course T.A., a Moot Court Staff member, a friend or relative who is NOT a lawyer or law student listen to and critique any of their oral presentations.

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A student may practice the final required class argument with his or her teammate or a Moot Court Staff member after the submission of the final brief.

Students may not discuss their research or writing of the appellate brief with anyone other than their course T.A., a Loyola reference librarian, or me (“Permitted Brief Discussants”). Violations of this rule may result in Honor Board sanctions, including expulsion from the law school.

Each student is required to write and submit a brief of his or her own, though in the required class argument he or she will argue as a part of a team of two.

a. Students are reminded of the HONOR CODE and instructed that, although in preparation for argument as a team a student may confer with his or her team partner about issue identification and legal analysis, students are not to do so until after the final brief is submitted. Students are not to collaborate on the writing of the brief, or to edit each other's briefs.

b. Students may discuss the brief only with Permitted Brief Discussants.c. Also in accordance with the HONOR CODE, no other third person is to review

or edit the brief.

III. Grading Your final grade for the course will be determined as follows:50% Brief30% Oral Argument20% Class Participation/Grades in progressive class assignments and exercises

In the real world of lawyering, absence or failure to submit or deliver arguments results in default against your client. Similarly, in the Moot Court course, you will receive no credit for oral exercises or written assignments missed due to an absence from class. You may receive credit, however, if you arrange with me to present the oral exercise prior to the due date. Even though a missed exercise or assignment will receive no credit, it MUST be made up. You will not be permitted to submit a brief unless all written assignments and all oral exercises have been completed and turned into me or your course T.A.

The brief is due between 5:30 p.m. and 6:30 p.m. on Thursday, March 22, 2012. You will lose a full letter grade on your brief if it is handed in after 6:30 p.m. but before 12:00 noon on Friday, March 23, 2012. A brief handed in after 12:00 noon on Friday, March 23, 2012, will receive further reduction in view of the lateness and the circumstances. If you receive an F on the brief, you fail the course.

Academic Instruction In Case of An Emergency: Teaching and learning in this course will continue in case of an emergency causing cessation of regular, on-campus class, via Blackboard.

Students are required, in event of an emergency, to log in to the class via Blackboard within 48 hours, where instruction, discussion, and assignments will continue. Students should

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take with them materials required to continue instruction during the emergency period (textbooks, course materials, ect.).

2012 SCHEDULE

Note: To excel in the rigorous Moot Court course, students should read the assigned written materials prior to each class:

Reading Assignment for the First Day of Class: Writing to the Court: An Introduction to Advocacy, Chapter 16 (Shapo) Complaint for Declaratory and Injunctive Relief etc. in Practicing Persuasive

Written and Oral Advocacy, Case File II, Coburn v. Martinez (pp. 1-7).

Tuesday, January 17Class 1:

Introduction to Moot Court Course and Program An Introduction to Advocacy, Chapter 16 (Shapo) Introduction to this Semester’s Case on Appeal, Coburn v. Martinez Explain Writing Assignment #1 (Title Page) Explanation of Progressive Assignments and Exercises; Explain Oral Exercise #1

(Personal Introduction)

Thursday, January 19Class 2:

ORAL EXERCISE #1 PRESENTED (Personal Introduction, 90 SECONDS – PASS/FAIL)

Explain Writing Assignment #2 (Summary of the Law on First Issue) Explain Oral Exercise #2 (Oral Argument Introduction) For Tuesday’s class, read Shapo’s Chapter 19, Oral Argument, in preparation for

the coming live Moot Court Team Demonstration Students Assigned their Sides for the Brief

Tuesday, January 24Class 3:

WRITING ASSIGNMENT #1 DUE (Title Page – PASS/FAIL) Attendance required at live oral argument demonstration by Loyola’s National

Moot Court Team The demonstration will be held in large lecture rooms (TBA) at both 12:30 p.m.

and 6:00 p.m. Students may attend either one of the demonstrations. The demonstrations replace the regularly scheduled class for this day

Thursday, January 26Class 4:

Writing the Appellate Brief- The Beginning: Framing the First Issue, pp. 395-99 of Chapter 18 (Shapo); The Winning Brief, Tip 1, pp. 3-7 (Garner)

Introduction to the Texas Law Review Manual on Usage and Style (12th ed.)

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Tuesday, January 31Class 5:

ORAL EXERCISE #2 PRESENTED (Oral Argument Introduction, 1 MINUTE – PASS FAIL)

Writing Process and Tunnel; The Winning Brief (Garner) Continued Refresher on Legal Research using Issue 1 Explain Oral Exercise #3 (Summary of the Law on First Issue) Explain Writing Assignment #3 (Certificate of Interested Parties) Explain Writing Assignment #5 (Rough Draft: First Issue)

Thursday, February 2Class 6:

Transfer Law Summary into Arguments on the Merits, Chapter 18 (Shapo) Specific Instruction on Crafting the Law Summary for Issue 1, Persuasive Writing

and Integrating Facts into Arguments Explain Writing Assignment #4 (Statement of Jurisdiction and Certificate of

Service) Explain Oral Exercise #4 (Argument on the Merits for the First Issue) Partners Assigned for the Final Oral Argument. Partner Assignments will be

Posted Outside the Fellows’ Offices.

Tuesday, February 7Class 7:

WRITING ASSIGNMENT #2 DUE (Summary of the Law, 3-5 pages – GRADED)

WRITING ASSIGNMENT #3 DUE (Certificate of Interested Parties – PASS/FAIL)

ORAL EXERCISE #3 CONDUCTED (Summary of the Law for the First Issue, 3 MINUTES – GRADED)

Thursday, February 9Class 8:

ORAL EXERCISE #3 CONTINUED (3 MINUTES – GRADED) WRITING ASSIGNMENT #4 DUE (Statement of Jurisdiction and Certificate of

Service – PASS/FAIL) Explain Writing Assignment #6 (Statement Regarding Oral Argument) Pseudonym form distributed Using Analogous Cases and Counterarguments Explanation of Point Headings Review of Issue 1

Tuesday, February 14Class 9:

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ORAL EXERCISE #4 PRESENTED (Argument on the Merits for the First Issue, 6 MINUTES – GRADED)

Explain Writing Assignment #7 (Statement of the Facts), Chapter 18 (Shapo) Court Rules Reviewed, How to Cite to the Record

Thursday, February 16Class 10:

ORAL EXERCISE #4 CONTINUED (6 MINUTES – GRADED) WRITING ASSIGNMENT #5 DUE (Rough Draft: First Issue, 7-10 pages –

GRADED) Introduction to the Second Issue Explain Oral Exercise #5 (Informal Group Case Discussion for the Second Issue) The Winning Brief (Garner) Continued

Tuesday, February 21 – Holiday -- Mardi Gras – NO CLASS

Thursday, February 23 Class 11:

Elaborating the Second Issue WRITING ASSIGNMENT #6 DUE (Statement Regarding Oral Argument –

PASS/FAIL) Advanced Persuasive Writing: Statement of Facts and Addressing

Counterarguments Explain Writing Assignment #8 (Statement of the Issues) Explain Writing Assignment #9 (Detailed Outline of the Second Issue)

Tuesday, February 28Class 12:

WRITING ASSIGNMENT #7 DUE (Statement of the Facts, 3 pages – PASS/FAIL)

Further Analysis of Second Issue, Garner Style Tips, Counterarguments, etc. ORAL EXERCISE #5 (Informal Group Case Discussion for the Second Issue –

GRADED)

Thursday, March 1 Class 13:

Further Analysis of Second Issue and Constructing Persuasive Issue Statements Explain Oral Exercise #6 (Argument on the Merits for the Second Issue)

Tuesday, March 6Class 14:

WRITING ASSIGNMENT #8 DUE (Statement of Issues – PASS/FAIL) Process, Strategy, Check-list, and Specific Styles

Thursday, March 8Class 15:

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WRITING ASSIGNMENT #9 DUE (Detailed Outline of the Second Issue, 4-8 pages – PASS/FAIL)

Introduction and Direction by Professor ORAL EXERCISE #6 PRESENTED (Argument on the Merits for the Second

Issue, 7 MINUTES – GRADED)

Tuesday, March 13Class 16:

Progress Assessed ORAL EXERCISE #6 CONTINUED (7 MINUTES – GRADED)

Thursday, March 15Class 17:

Brief Writing Instruction – Final Editing, Polishing, and Construction of the Brief Review Elements; Questions and Answers

Tuesday, March 20Class 18:

Practical Strategy for Final Completion and Submission of the Brief Questions and Answers

Thursday, March 22BRIEF DUE TO BE FILED

THE OFFICE OF THE CLERK WILL BE ROOM LS 112. THE OFFICE OF THE CLERK WILL OPEN AT 5:30 PM AND CLOSE

PROMPTLY AT 6:30 PM. “Survival Celebration” to follow

Friday, March 23 – Thursday, March 29 Individual practice rounds with T.A.s and Moot Court Staff members

Friday, March 30 – Sunday, April 1FINAL MANDATORY ORAL ARGUMENTS (10 MINUTES – GRADED)

Friday, March 30 – 3:00 p.m. – 9:00 p.m. Saturday, March 31 – 9:00 a.m. – 9:00 p.m. Sunday, April 1 --- scheduled as needed

Monday, April 9 – Saturday, April 14INTRAMURAL COMPETITION

Intramural Competition for students invited by Moot Court Board to join Moot Court Staff

Note : The Intramural Competition has no impact on a student’s grade for this course

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ASSIGNMENT DUE DATES

WRITING ASSIGNMENTS

WRITING ASSIGNMENT #1… TITLE PAGE (PASS/FAIL)DUE: TUESDAY, JANUARY 24

WRITING ASSIGNMENT #2 … SUMMARY OF THE LAW (3-5 PAGES; GRADED)DUE: TUESDAY, FEBRUARY 7

WRITING ASSIGNMENT #3… CERTIFICATE OF INTERESTED PARTIES (PASS/FAIL)DUE: TUESDAY, FEBRUARY 7

WRITING ASSIGNMENT #4… STATEMENT OF JURISDICTION AND CERTIFICATE OF SERVICE (PASS/FAIL)DUE: THURSDAY, FEBRUARY 9

WRITING ASSIGNMENT #5… ROUGH DRAFT: FIRST ISSUE (7-10 PAGES; GRADED)DUE: THURSDAY, FEBRUARY 16

WRITING ASSIGNMENT #6… STATEMENT REGARDING ORAL ARGUMENT (PASS/FAIL)DUE: THURSDAY, FEBRUARY 23

WRITING ASSIGNMENT #7… STATEMENT OF THE FACTS (3 PAGES; PASS/FAIL)DUE: TUESDAY, FEBRUARY 28

WRITING ASSIGNMENT #8… STATEMENT OF ISSUES (PASS/FAIL)DUE: TUESDAY, MARCH 6

WRITING ASSIGNMENT #9… DETAILED OUTLINE OF THE SECOND ISSUE (4-8 PAGES; PASS/FAIL)DUE: THURSDAY, MARCH 8

FINAL BRIEF (AND CELEBRATION PARTY)DUE: THURSDAY, MARCH 22

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ORAL EXERCISES

ORAL EXERCISE #1… PERSONAL INTRODUCTION (90 SECONDS; PASS/FAIL)DUE: THURSDAY, JANUARY 19

ORAL EXERCISE #2… ORAL ARGUMENT INTRODUCTION (1 MINUTE; PASS/FAIL)DUE: TUESDAY, JANUARY 31

ORAL EXERCISE #3… SUMMARY OF THE LAW FOR THE FIRST ISSUE (3 MINUTES; GRADED) DUE: TUESDAY, FEBRUARY 7 and THURSDAY, FEBRUARY 9

ORAL EXERCISE #4… ARGUMENT ON THE MERITS FOR THE FIRST ISSUE (6 MINUTES; GRADED)DUE: TUESDAY, FEBRUARY 14 and THURSDAY, FEBRUARY 16

ORAL EXERCISE #5… INFORMAL GROUP CASE DISCUSSION FOR THE SECOND ISSUE (GRADED)DUE: TUESDAY, FEBRUARY 28

ORAL EXERCISE #6… ARGUMENT ON THE MERITS FOR THE SECOND ISSUE (7 MINUTES; GRADED)DUE: THURSDAY, MARCH 8 and TUESDAY, MARCH 13

FINAL ORAL ARGUMENT… (10 MINUTES; GRADED)DUE: FRIDAY, MARCH 30 THROUGH SUNDAY, APRIL 1

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