How do you prepare an appellate argument?

How do you prepare an appellate argument?

The single most important thing you can do to prepare for an appellate argument is to hold a moot court. Ask three colleagues to serve as judges. They should be litigators, but they need not have any expertise in your case’s subject matter—your panel won’t, after all.

How do you argue in an appellate court?

The Appellate Oral Argument

  1. Research the Court.
  2. Review the Law.
  3. Argue in the Context of the Standard of Review.
  4. Know What the Appellate Court Can Do.
  5. Be Careful What You Ask For.
  6. Start Strong and Focus on the Important Points.
  7. Take Your Cue From the Judges and Know How to Steer the Conversation.
  8. Know Your Record.

What are some strategies for preparing and arguing your case?


  • Address hypotheticals.
  • Concede obvious points.
  • Distinguish cases.
  • Respond to intricate statutory or contract construction inquires.
  • Discuss broad public policy issues.
  • Respond to questions that seem out of left field.

How do you present a legal argument?

Eight Easy Rules for Persuasive Legal Writing

  1. Keep paragraphs within 2 to 7 sentences.
  2. Keep sentences under 60 words.
  3. Avoid unnecessary detail.
  4. Banish passive voice.
  5. Use key words to signify your argument.
  6. Define your opponent’s argument.
  7. Edit as you go.

How many justices must agree to hear a case?

Typically, the Court hears cases that have been decided in either an appropriate U.S. Court of Appeals or the highest Court in a given state (if the state court decided a Constitutional issue). The Supreme Court has its own set of rules. According to these rules, four of the nine Justices must vote to accept a case.

What is an issue on appeal?

The only issues that may be considered on appeal are: (a) A finding of a material fact is erroneous; (b) A necessary legal conclusion is without governing precedent or is a departure from or contrary to law or precedent; (c) A substantial and important question of law, policy, or discretion is involved; or.