welcome to usf moot court 2009. introductions moot court board: phillip babich, executive director...

Welcome to Welcome to

USF Moot Court 2009USF Moot Court 2009

Introductions

Introductions

Moot Court Board: Phillip Babich, Executive Director Lailah Morris, Advocacy Director Stephen Hew, Managing Director Jen Stanger, Topics Director Stewart Kellar, Topics Director

Introductions:

Moot Court Faculty AdvisorsMoot Court Faculty Advisors

Program Coordinator:

Prof. Edith Ho

Introductions:

Moot Court Faculty AdvisorsMoot Court Faculty Advisors

Faculty Advisor:

Prof. Suzanne Mounts

Introductions:

Moot Court Case CounselMoot Court Case Counsel

Introductions:

Moot Court Case CounselMoot Court Case Counsel

18 Second and Third Year Students Who Excelled in First Year Moot Court and Will Assist You Throughout The Program

Case Counsel Researched and Developed Each Topic and Wrote Their Own Fact Patterns under the Supervision of the Board and Prof. Ho

Case Counsel Supervise Groups of 12-14 Students Assigned To Argue the Problems They Developed

Agenda

Overview of the Moot Court Program Prof. Ho: An Overview of Appellate Procedure and

Appellate Standards of Review Schedule of Important Dates Case Counsel: This Year’s Topics Question and Answer Session Conclusion

Overview of Moot CourtOverview of Moot Court

What do you need to knowWhat do you need to knowabout Moot Court?about Moot Court?


Moot Court is an exercise in writing a brief and arguing your case at the appellate level.

Moot Court is NOT Mock Trial!! Moot Court is Designed to Replicate an Appeal to a

Fictitious State Supreme Court, Federal Circuit Court, or the U.S. Supreme Court

An Appeal Involves Filing a Written Brief and Arguing Your Brief Before the Court


What Does This Mean For You?1. You will be assigned a topic. 2. You will research cases related to your topic.3. You will write a persuasive appellate brief using the law

and facts to support your client’s case.4. You will argue your case before a panel of appellate judges.

5. You will do all of this within a span of

1 month, which means you must practice effective time management.


The Emphasis of the

Moot Court Program is on: A well researched and effectively written brief. A well rehearsed and effective oral argument.


Awards Will Be Given Out at the End

of Moot Court in Each Topic For:

Best Brief Best Oral Argument


What is my topic, What is my topic, and am I Petitioner or Respondent?and am I Petitioner or Respondent?

Topic Assignments

Topic assignments will be posted on the Moot Court Bulletin Board in the Student Boulevard.

You will meet with your case counsel to get your topic, which will include the fact pattern, a statement of the case, and leads for case law.


All students are dividedAll students are dividedup as either up as either PetitionersPetitioners or or RespondentsRespondents..


Petitioners Petitioners lost at the lower court and are bringing an

appeal to the appropriate appellate court.

Petitioners bear the burden of convincing the appellate court to overturn the lower court’s ruling.


Who Is Assigned to be a Petitioner? All students in Section 1. Students in Section 3 with last names A-Ga


Respondents Respondents won at the lower court level

and are responding to petitioner’s appeal. Respondents attempt to persuade the court to

affirm the lower court’s ruling.


Who Is Assigned to be a Respondent?

All students in Section 2. Students in Section 3 with last names Gh-Z.

Prof. Edith HoProf. Edith Ho

The Statement of the Case and the Statement of the Facts Establish the Procedural Posture of the Case

Good Faith Effort Required to Receive Credit For Moot Court: Must Turn In Your Brief, Attend Videotaping and Complete Your Oral Argument

Appellate Standard of Review: de novo Winning an Appeal by Myron Moskovitz Importance of Effective Time Management

Topic Assignments PostedTopic Assignments Posted

Monday, March 16, 9:00 a.m.: Individual Topic Assignments Posted

Tuesday, March 17, 4:30-5:20 p.m. or

5:30 – 6:20 p.m.: Students in ALL SECTIONS meet with individual Case Counsel and pick up problems. Your time will be posted along with your topic.

Turn in BriefTurn in Brief

Monday, March 30: All students turn in briefs in the Moot Court room (Zief 02) Section 1: 11:00 a.m. – 1:00 p.m. Section 2: 8:50 a.m. – 10:50 a.m. Section 3: 4:20 p.m. – 6:20 p.m.

Oral Advocacy WorkshopOral Advocacy Workshop

Wednesday, April 1, 12:30-1:20 p.m.: Section 1 Oral Advocacy Workshop

Wednesday, April 1, 5:30-6:20 p.m.: Section 3 Oral Advocacy Workshop

Thursday, April 2, 12:30-1:20 p.m.: Section 2 Oral Advocacy Workshop

Videotape Sesssions and Oral Videotape Sesssions and Oral ArgumentsArguments

April 5 – April 9 and April 13 – April 1745-MinuteVideotaping Session with Your Case Counsel

Monday, April 13, 4:00 p.m.

Oral Argument Schedule Posted Saturday, April 18 & Sunday,

April 19 Oral Argument Weekend

Requests for ExceptionsRequests for Exceptions

The Deadline to Submit The Deadline to Submit Requests for Exceptions toRequests for Exceptions toThese Mandatory Events isThese Mandatory Events isFriday, Feb. 20 at 4:00 p.m.Friday, Feb. 20 at 4:00 p.m.

The request must be in writing. The request must be in writing. No guarantees. Very few exceptions.No guarantees. Very few exceptions.

[email protected]@usfca.edu

Case Counsel Topic Case Counsel Topic IntroductionsIntroductions

Each topic has been researched and developed around a state court/federal circuit split in authority.

Topics are balanced with adequate facts and/or authority on both sides of the split.

Do not prejudge a topic simply because of the area of law it encompasses.


Tiffany Danao Topic A: (Employment Law) Plaintiff’s

prima facie burden in a reverse discrimination case under Title VII.


Ariel Salzer Topic B: (Torts/ADA) The duty to provide

accommodations on a website for the visually impaired.


Ning Yu Topic C: (Contracts) Mental incapacity

defense to validity of an arbitration clause.


Allison Low Topic D: (Criminal Procedure) Sufficient

level of suspicion for seizure at a ruse drug checkpoint


Sally White Topic E: (Immigration) Whether statutory

rape is an aggravated felony under the INA.


Ashley Connell Topic F: (Criminal Law/Immigration)

Whether attempted illegal re-entry into the U.S. is a general intent crime.


Elisa Cervantes Topic G: (Criminal Procedure ) Sentencing

enhancement for unduly influencing an undercover “minor.”


Steve Disharoon Topic H: (Statutory Interpretation) Standard

of proof for determining aggravated identity theft.


Kyoungjoo Kim Topic I: (Trademark) Use of a competitor’s

trademark to trigger sponsored search results


Ben Anderson Topic J: (Remedies) Per diem argument in

closing statement for calculation of damages.


Neil Cherubin Topic K: (Copyright) Whether "making

available" a copyrighted music file violates the distribution right.


Nick Larson Topic L: (Civil Procedure) Applicable test

for granting a motion for realignment.


Carlo Miranda Topic M: (Criminal Law) Whether escape

from a halfway house is a crime of violence.


Sachi Clements Topic N: (ADA) Standard for showing

whether a contagious disease is a “direct threat” under the ADA.


Alex Walden Topic O: (Employment ) Franchisor liability

for sexual harassment by franchisee.


Emily Schmidt Topic P: (Criminal Law) Whether teeth are a

deadly weapon.


Janice Jentz Topic Q: (Torts) Whether wrongful birth

can be a cause of action.


Vanessa Williams Topic R: (Employment ) Whether an

English-only workplace policy is discriminatory.

10 Steps to Moot Court Success

(1) Get topic assignment

(2) Meet Case Counsel and get problem

(3) Write brief

(4) Turn in brief

(5) Attend Oral Advocacy Workshop

10 Steps to Moot Court Success

(6) Practice argument

(7) Videotape argument

(8) Practice argument

(9) Pick up suit at dry cleaners

(10) Make argument to judges

Questions About Moot CourtQuestions About Moot Court

Questions?Questions?

ConclusionConclusion

Work Hard During Moot Court: What You Get Out of Your Experience Will be in Direct Proportion to What You Put Into It

Most of All: HAVE FUN!!!

Contact Information

Moot Court Office: Zief 02

Phone Number: (415) 422-5118

Email: [email protected] Website: www.usfca.edu/org/mootcourt/

welcome to usf moot court 2009. introductions moot court board: phillip babich, executive director...

Documents

court slide

moot court program

moot court board

year moot court

usf moot court

end of moot court

moot court case counsel

overview of moot court